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UPCOMING
EVENT
WORKFORCE INVESTIGATIONS: What to do before (and after) ICE, FDNS & DOL knock on the door - A WEBINAR.
Where: Online Only.
When: Wednesday, August 3rd, 2016 (Rescheduled for December 2016)
Time: 12:00 PM to 1:40 PM
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Quick Links
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:: 201-670-0006 (X100)
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OUR OFFICES:
NEW JERSEY OFFICE:
VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006 (x107)
NEW YORK OFFICE:
108 West 39th Street
8th Floor, Suite 800
New York, NY 10018
Phone: 1-866-599-3625
INDIANA OFFICE:
Indianapolis City Center
201 North Illinois Street
16th Floor, South Tower
Indianapolis, IN 46204
Phone: 317-936-6600
WE ALSO HAVE A PRESENCE IN CHICAGO AND BOSTON FOR THE CONVENIENCE OF OUR CLIENTS. PLEASE LET US KNOW IF YOU WANT TO MEET US THERE!
INDIA AFFILIATED OFFICES:
Kaival Chalishazar, Adv.
Kaival Chalishazar & Co.
22 Vasant Kunj
New Sharda Mandir Road, Paldi, Ahmedabad 380007, India
ATT: Call Kaival at x107
(This office provides "on the ground" services to our Indian clients such as India Divorce, India Real Estate Purchase and Sale, Business Sale Purchase, Adoption, Litigation and High Court Complaints).
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Law Office of Michael Phulwani
F603 Remi Biz Court
Veera Desai Road
Andheri West
Mumbai 400 053, India
Call us at 201-670-0006 (x104) for contact details.
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Dear Readers:
Now, with the Republican and the Democratic National Conventions behind us, our thoughts turn to the way that the immigration law policies of the respective Presidential candidates will take shape during this Fall. Both nominees put on a great show. Donald Trump continued to wow his audience with restrictionist sentiment and the Hillary campaign went to great lengths to harness the Hispanic voting bloc.
It surely looks like the 2016 Presidential Election, for most voters, is going to be an issue of
. . . "pick your poison".
Unfortunately, we really have no better clarity after the Conventions as to how the prospective candidates will really impact the future of U.S. immigration law. Hillary Clinton stated that she would make the issue of U.S. Immigration Reform a precedence during her first 100 days in office. However, it seems that we have certainly heard this before.
We have said it before, but we will say it again, the hallmark of the U.S. Presidency is "moderation". So, the issue for voters really should be . . . is it better for us to have a Republican moderate his polices or is it better to have a Democrat moderate hers. History tells us to be very careful of Democratic moderation on the immigration issue. Recall that this is what brought us the 3/10 year bars under the 1996 Immigration Law which is likely to have been the worst immigration law ever passed (under President Bill Clinton).
The really big news this week is the promulgation of the FINAL rule for the expansion of the Provisional Waiver Program. In November 2014, President Obama sought the expansion of the Provisional Waiver Program to help unite families that have been separated by the 3/10 year bars. It is so interesting that this rule comes in the wake of the Democratic National Convention. Nevertheless, the rule is long overdue and its expansion will help alleviate (for many) the onerous 3/10 year bar.
The Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., immigration lawyers and immigration attorneys continue to assist clients, their families and HR Managers with a variety of U.S. immigration and nationality issues including the preparation of immigrant and nonimmigrant visas. If we can be of any assistance, please feel free to e-mail us at info@visaserve.com or to call our offices at 201-670-0006 (x107).
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Some time back, the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. reported that the U.S. Department of Homeland Security, Citizenship and Immigration Services ("USCIS"), sought to step-up its efforts to find fraud in the H-1B program. This was done by conducting investigations and visiting H-1B petitioner worksites throughout the U.S.
These investigations came to be known as H-1B "site visits". The site visits began as part of the USCIS' goal to decrease the number of H-1B violations and instances of fraud reported by the H-1B Benefit Fraud & Compliance Assessment from CIS' Office of Fraud Detection and National Security ("FDNS").
According to the FDNS' findings, as many as one in five H-1B applications were affected by either fraud or "technical violations" in the H-1B program. Additionally, there have been inquiries into the religious worker visa program over the past several years that threatened to derail the program as a result of an allegation that nearly 30% of the religious worker visas submitted were fraudulent applications.
For more information about employer compliance issues and what steps that an employer can take to prepare itself for a site visit or even an I-9 Form investigation (by ICE), please feel free to contact the immigration and nationality lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group by e-mailing us at
info@visaserve.com
or by calling our office at
201-670-0006
(x107). Our immigration and nationality lawyers are ready to assist you and your HR staff with regard to your business immigration compliance issues.
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On July 1st, 2016, the U.S Department of Labor issued an interim final rules to adjust the amounts of civil penalties assessed or enforced in its regulations. The Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) requires agencies to adjust the levels of civil monetary penalties with an initial catch-up adjustment, followed by annual adjustments for inflation. The Department is required to calculate the catch-up and subsequent annual adjustments based on the Consumer Price Index for all Urban Consumers.
The new rules are effective
August 1st, 2016
, with respect to violations occurring after November 2nd, 2015. The penalty levels already in place will continue to apply to violations occurring on or before November 2nd, 2015, as well as to assessments made prior to
August 1st, 2016
whose associated violations occurred after November 2nd, 2015. Increased penalties are significant and highlight the importance of being compliance with regulatory requirements by the employers. Violations such as incomplete or missing I-9s, hiring workers not authorized to work in U.S falls under DHS penalty violations.
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USCIS: DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) IS STILL AVAILABLE.
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 The Supreme Court's 4-4
decision
in United States v. Texas on June 23rd, 2016, does not affect the existing 2012 policy regarding Deferred Action for Childhood Arrivals (DACA). Individuals who meet the 2012 DACA guidelines may continue to come forward and file an initial or renewal request for DACA under those guidelines.
The Supreme Court decision does, however, mean that the court injunction prohibiting implementation of DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) and expanded DACA remains in effect.
USCIS reminds the public about the risk of immigration scams, in case scammers try to exploit the situation.
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CBP ANNOUNCES THAT IT WILL ISSUE 5 YEAR NONIMMIGRANT WAIVERS IN MOST CASES.
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Processing times for nonimmigrant waivers filed under INA §212(d)(3)(A) are currently averaging 4 to 6 months. This applies to applications filed on Form I-192 at the port of entry (as is done for Canadian citizens), or in conjunction with a nonimmigrant visa applications filed at a consulate. However, some cases remain pending much longer, sometimes even for years. Further, CBP will not expedite a §212(d)(3) waiver.
Historically, CBP's Admissibility Review Office (ARO), which adjudicates all nonimmigrant waivers, has issued the initial nonimmigrant waiver with a 1 or 2 year validity period. After the initial period, renewals would usually be issued for 2 years, and thereafter, with some exceptions, for 5 years. As a result of the extended processing times, it was not uncommon for an applicant to submit a new application immediately or shortly after approval of the initial application. This is particularly frustrating for applicants who must regularly obtain waivers over a long period of time for crimes committed when they were much younger. There has never been any statutory or regulatory guidance on waiver validity periods.
In April 2016,
the ARO announced that beginning around January 2017, CBP will approve I-192 waivers for a 5 year period. This includes both initial waivers and repeat applications. The only exception is for crewmembers who may only be approved for two years. This change is intended to reduce the ARO backlog and to provide for more efficient adjudications.
***THIS INFORMATION IS PROVIDED COURTESY OF AILA - of which David Nachman, Esq., one of the Managing Attorneys at NPZ Law Group, is an AILA Mentor, a former State of New Jersey AILA Chapter Chair and a former Member of the AILA National Business Immigration Committee.
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POLICY ALERT ON EFFECTIVE DATE OF LAWFUL PERMANENT RESIDENCE FOR THE PURPOSE OF CITIZENSHIP AND NATURALIZATION.
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USCIS recently announced the issuance of guidance in the USCIS Policy Manual regarding the effective date of lawful permanent residence for the purpose of citizenship and naturalization for lawful permanent residents admitted as refugees or under the Cuban Adjustment Act.
Guidance clarifies that for certain classifications, the effective date of becoming an LPR may be a date that is earlier than when the application was approved (commonly referred to as a "rollback" date). For example, a person admitted under the Cuban Adjustment Act is generally considered an LPR as of the date of the applicant's last arrival and admission into the United States or 30 months before the filing of the adjustment application, whichever is later. A refugee is generally considered an LPR as of the date of entry and an asylee 1 year prior to the date of approval of the adjustment application.
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The unveiling of the August Visa Bulletin leads us to contemplate possible Final Action Date movement for September, the final month of the fiscal year. The August Visa Bulletin helps us to consider predictions for September and prospects for recovery in key retrogressed preference categories in Fiscal Year (FY) 2017.
EB-4 and Certain Religious Worker (SR) Preference Categories. The January 1st, 2010 cut-off date which was imposed earlier this year for EB-4 El Salvador, Guatemala, Honduras, and Mexico will remain through September, the end of the fiscal year. The imposition of a cut-off date for these countries is largely due to high demand for Special Immigrant Juvenile visas. A January 1st, 2010 cut-off date will also be imposed on EB-4 India starting in August, consistent with DOS' predictions.
Though EB-4 Mexico and EB-4 India will become current again in October, the prospects for a full recovery for EB-4 El Salvador, Guatemala, and Honduras are much less likely. A 2015 cut-off date will likely be established in these categories for October, with date(s) moving forward slowly through the next fiscal year. However, uncertainty surrounding the movement of the EB-4 Final Action dates for these Central American countries remains, given the lack of visibility into the number of adjustment of status filings that were received in April 2015, prior to the establishment of the cut-off date in May.
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The Department of Justice (Department) is proposing to amend the regulations of the Executive Office for Immigration Review (EOIR) by establishing procedures for the filing and adjudication of motions to reopen removal, deportation, and exclusion proceedings based upon a claim of ineffective assistance of counsel.
The proposed rule is in response to Matter of Compean, Bangaly & J-E-C-, 25 I&N
December 1st
(A.G. 2009), in which the Attorney General directed EOIR to develop such regulations. The Department also proposes to amend the EOIR regulations that provide that ineffective assistance of counsel may constitute extraordinary circumstances that may excuse the failure to file an asylum application
within 1 year
after the date of arrival in the United States.
The Department believes that this proposed rule would promote consistency in the reopening of EOIR proceedings based upon ineffective assistance of counsel, thereby helping to ensure the integrity and fairness of those proceedings.
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AUGUST 2016 VISA BULLETIN UPDATES: CUT-OFF DATES IMPOSED ON EB-1 INDIA AND CHINA AND EB-4 INDIA PREFERENCE CATEGORIES. By: Michael Phulwani, Esq., David H. Nachman, Esq. and Ludka Zimovcak, Esq.
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 The Department of State (DOS) recently released the Visa Bulletin for August 2016. As was projected by the DOS earlier, the August Visa Bulletin has imposed a cut-off date of January 1st, 2010, for the EB-1 preference category for both India and China. Additionally, the Visa Bulletin has imposed a cut-off date of January 1st, 2010, for the EB-4 preference category for India.
With regard to the imposition of the EB-1 cut-off dates for India and China, the DOS had advised in the July Visa Bulletin that it would be necessary to impose a date for these two countries no later than September. The continued high level of demand for EB-1 visa numbers for USCIS adjustment of status applicants has required the establishment of a cut-off date for August 2016. This has been done in an attempt to hold number use within the Worldwide EB-1 annual limit. As projected by the DOS, The EB-1 date for these two countries will once again become Current starting October, the first month of fiscal year 2017.
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SE HABLA ESPANOL - OUR STAFF SPEAKS SPANISH AND MANY OTHER LANGUAGES.
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La Ley de Asignaciones Consolidadas de 2016 (Ley Pública 114-113), promulgada por el presidente Obama el 18 de diciembre de 2015, aumentó las tarifas para ciertos peticionarios H-1B y L-1. Se requiere que estos peticionarios presenten un cargo adicional de $4,000 para ciertas peticiones H-1B y $4.500 para ciertas peticiones L-1A y L-1B presentadas a partir del 18 de diciembre de 2015.
La tasa adicional se mantendrá en vigor hasta el 30 de septiembre del año 2025. El Servicio de Ciudadanía e Inmigración de los Estados Unidos (USCIS) ha instruido a los empleadores a pagar la cuota adicional utilizando un cheque por separado a nombre del Departamento de Seguridad Nacional.
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CHECKOUT VISASERVE'S REGULARLY UPDATED YOUTUBE VIDEO LIBRARY (SOME SELECTIONS BELOW) ABOUT U.S. AND CANADIAN IMMIGRATION LAWS:
"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
Check us out at . . .
https://www.youtube.com/watch?v=3Crfb5L_vlo
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IMMIGRATION VIDEO FROM NPZ LAW GROUP: 221G QUERY AT THE CONSULATE ABROAD ABOUT ADMINISTRATIVE PROCESSING?
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Administrative Processing
Refused Pending Administrative Processing
Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a consular officer. Applicants are advised of this requirement when they apply. Most administrative processing is resolved within 60 days of the visa interview. When administrative processing is required, the timing will vary based on individual circumstances of each case. Visa applicants are reminded to apply early for their visa, well in advance of the anticipated travel date. When your case is pending administrative processing, you can check the status of your case
online.
Use your CEAC barcode or case number and the location where your interview occurred to check the status of your case. Click on "Check My Visa Application Status." If you received a 221g letter or were told your case requires further "Administrative Processing" this system will let you know if your case has been approved, requires more information, or is still being processed.
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