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UPCOMING EVENTS:
FREE NPZ WEBINAR - FY 2017 H-1B CAP REACHED: NOW IS THE TIME TO THINK ABOUT YOUR H-1B BACK-UP PLAN.
When: May 20th, 2016 at 12 PM to 1:30 PM
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GOPIO NORTH JERSEY CHAPTER INVITES YOU!
When: May 22nd, 2016
Time: 5 PM to 8 PM
GOPIO meeting in Hanover, New Jersey next weekend. Northern New Jersey GOPIO is having a meeting at which a U.S.
Congressman is going to be the speaker.
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US Immigration Law Basics (NJICLE) - A Primer for House Counsel, HR Managers and New Immigration and Nationality Lawyers.
Location:
New Jersey Law Center
1 Constitution Square, New Brunswick, NJ 08901
Time:
9:00 AM - 4:00 PM EST
NEW JERSEY LAW CENTER, NEW BRUNSWICK, NJ.
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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 (x100)
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 NOW ALSO HAVE A PHYSICAL PRESENCE IN CHICAGO AND BOSTON FOR THE CONVENIENCE OF PROSPECTIVE
CLIENTS.
INDIA AFFILIATED OFFICES:
Kaival Chalishazar, Adv.
Kaival Chalishazar & Co.
22 Vasant Kunj
New Sharda Mandir Road, Paldi, Ahmedabad 380007, India
ATT: Call Kaival at x130
(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:
As the "Spring has Sprung", the U.S. Citizenship and Immigration Service (USCIS) has continued to keep our clients and friends hopping. We remind our readers about the new OPT STEM Extension Rule for F-1 International Students that took effect last week. We also remind our readers about new rules for E-Passports and the use of ESTA. We also remind our readers about the fact that USCIS has announced that the cap-count for H-1B has now been completed. If you are an H-1B hopeful and you did not receive notice from the USCIS then NOW is the time to look into your H-1B alternatives. We are pleased to report that we will be presenting a webinar about this subject soon. If you are interested, please feel free to register for this webinar.
Another important announcement from USCIS this week has to do with a proposed fee hike. As you may be aware, the USCIS is primarily a fee-funded agency within the Department of Homeland Security (DHS). Every two (2) years they are required to review the fees they collect and adjust as needed. Earlier this month it was announced that have completed their fee study and have proposed raising fees across the board by an average of twenty one (21) percent. The fee hike will have the largest impact on aspiring citizens which is the increase in the already-high naturalization fee which is set to go up 6.6 percent. Currently the application fee is $680, including $85 for biometrics which will increase to $725.
Citizenship is a good thing for immigrants and for the United States. Citizenship means a commitment to the U.S., to the constitution, and to learning U.S. civics and history. Citizenship also comes with many social and economic benefits for individuals, families, children, communities, and our nation as a whole. Addressing the systemic barrier of the cost of naturalization, therefore, is important to prevent citizenship from becoming a privilege available only to those who can most afford it.
From the political arena, Donald Trump's approach to immigration seems to rest on three pillars: (1) the construction a wall on the border, (2) banning Muslim immigration, and (3) removal of anyone without authorization. But is Donald Trump's mass deportation plan workable? Many people continue to ask us these questions. We want to remind our readers that, like other aspects of his hostile approach to immigration, his position does not represent a way forward in dealing with the flaws of our immigration system and the injustices to which so many immigrants in the United States are subject.
Perhaps Donald's words are only "fighting words" used to incite and to obtain support. It seems difficult to believe that a person who . . . (1) lives in New York (has NY values?); and (2) has so many family members who are immigrants; and (3) who will have to moderate his position to be a credible candidate . . . really believes that immigration is bad for our Nation. Perhaps we need to keep our "eye on the ball" and to see things for what they really are.
We remind our readers (and their friends and families) that we are immigration lawyers and we assist our clients with individual, business and family immigration law issues internationally and throughout the U.S. For more information about any U.S. or Canadian Immigration Law matter, please feel free to e-mail to us at info@visaserve.com or give us a call anytime at 201-670-0006 (x107).
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Just when employers in the United States were unhappy and raising concerns about the steep increase in the statutory fee for certain H-1B and L-1 petitions, and about the lengthy delays in adjudicating petitions, the Department of Homeland Security (DHS) threw another curved ball.
Putting into practice the "Full Cost Recovery" theory, DHS is proposing to raise USCIS filing fees by a weighted average of 21 percent and impose a new fee on the Regional Centers with regard to EB-5 processing in order to fully recover costs for its services and to maintain adequate service. The proposed rule has been published in the Federal Register and is open for public comments unti
l July 5, 20
16.
As many are aware, U.S. Citizenship and Immigration Services (USCIS) is primarily funded by immigration and naturalization benefit request fees charged to applicants and petitioners. Fees collected from individuals and entities filing immigration benefit requests are deposited into the Immigration Examinations Fee Account (IEFA) and used to fund the cost of processing immigration benefit requests.
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CBP NEWS: CLARIFYING THE E-PASSPORT REQUIREMENTS FOR VISA WAIVER PROGRAM TRAVELERS.
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As part of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, Visa Waiver Program (VWP) travelers traveling to the United States with an Electronic System for Travel Authorization (ESTA) must have an e-Passport as of April 1, 2016.
This requirement was initially announced in August 2015 and the Department of Homeland Security has been making a concerted effort to notify travelers since November 2015. Travelers from VWP countries are still eligible to travel to the United States without an e-Passport if they have a valid nonimmigrant visa. Travelers can apply for a nonimmigrant visa at a U.S. Embassy or Consulate.
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RECENT USCIS UPDATE: EMPLOYERS MAY SUBMIT INQUIRIES IF EXTENSION OF STATUS/CHANGE OF EMPLOYER PETITION HAS BEEN PENDING FOR 210 DAYS OR MORE
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On April 21st, 2016, USCIS began allowing petitioners who filed
Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of status or change of employer to submit an inquiry after their petition has been pending for 210 days or more.
This inquiry may be based on the petition being outside of normal processing times.
If any employer has their Form I-129 petition pending for at least 210 days, you may submit an inquiry by calling the National Customer Service Center at 1-800-375-5283 (TDD for deaf and hard of hearing: 1-800-767-1833).
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ANOTHER USCIS UPDATE: USCIS LAUNCHES OPTIONAL FORMS CHECKLISTS FOR FORMS
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On May 9th, 20156, USCIS launched a pilot study that offers customers optional checklists to assist in the submission of form packages. The checklists are designed to help customers easily identify what documents they need to include when they initially file an application or petition, and to remind them of the important items needed to complete the form, such as including a signature.
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E-APPROVAL EXPANSION: USCIS & DOS LAUNCHES E-APPROVAL FOR H-2A PETITIONS.
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On May 9th, 2016, USCIS and the U.S. Department of State (DOS) announced the launch of USCIS/DOS e-Approval for Form I-129, Petition for a Nonimmigrant Worker, for the H-2A (temporary agricultural worker) classification.
Beginning Wednesday, May 11th, 2016, this new electronic process has allowed USCIS to send approval information for H-2A petitions to DOS by the end of the next business day. DOS will accept this electronic information in place of a Form I-797 approval notice and allow its consular posts to proceed with processing an H-2A nonimmigrant visa application, including conducting any required interview.
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USCIS TO IMPLEMENT FILIPINO WORLD WAR II VETERANS PAROLE PROGRAM.
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Beginning June 8th, 2016, U.S. Citizenship and Immigration Services (USCIS) will allow certain Filipino World War II veteran family members who are beneficiaries of approved family-based immigrant visa petitions an opportunity to receive a discretionary grant of parole on a case-by-case basis, so that they may come to the United States as they wait for their immigrant visa to become available.
An estimated 2,000 to 6,000 Filipino-American World War II veterans are living in the United States today. Among other things, this policy will enable many eligible individuals to provide support and care to their aging veteran family members who are U.S. citizens or lawful permanent residents.
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THE JUNE 2016 VISA BULLETIN: DOS REPORTS JUNE 2016 VISA NUMBERS - IS YOUR PRIORITY DATE CURRENT? IF SO, PLEASE LET US KNOW.
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The Department of State's June 2016 Visa Bulletin has announced major retrogression in the Final Action cut-off dates for India and China.
Specifically, in June 2016, India EB-2 Final Action cut-off date will retrogress to October 1, 2004, for the final issuance of immigrant visas. The India EB-2 Final Action cut-off date stood at November 22, 2008, in the May 2016 visa bulletin.
Thus, India EB-2 Final Action cut-off date will retrogress by more than four (4) years in June 2016. India EB-3 will continue to move at the snail's pace. The Final Action cut-off date for EB-3 India will move from September 1, 2004 to September 22, 2004.
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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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WHAT IS THE REQUEST FOR EVIDENCE: H-1B REQUEST FOR EVIDENCE (RFE) - WHAT IT IS AND WHY DOES ONE ISSUE?
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Receiving a Request-For-Evidence (RFE) during an H-1B visa petition or H-1B transfer or H-1B extension has become normal opposed to when it used to be a taboo prior to 2008 when the USCIS very rarely asked for more information. Today the RFE is more of a norm than an aberration.
These days the possibility of getting an RFE is 1 out of 3 cases and it is not really anything bad. It is only the USCIS wanting more information from the petitioner in order to make sure the petition for the Job being filed really exists and if the candidate really qualifies.
Some of the various types of queries in RFEs are as follows: (1) Various H-1B worksites; and (2) Level of Professional work available for H-1B workers; and (3) Financial stability of the H-1B employer; and (4) Whether the individual seeking H-1B status maintained their nonimmigrant visa status.
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IT IS INTERESTING POLITICAL HISTORY TO NOTE THAT THE 3/10 YEAR BAR WAS IMPLEMENTED INTO THE U.S. IMMIGRATION LAW DURING PRESIDENT BILL CLINTON'S WATCH.
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Hillary Clinton on Thursday pledged to repeal an immigration provision that blocks undocumented immigrant from returning to the United States legally for a wait period of either three or ten years.
The provision, which was included in the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, prevented undocumented immigrants who had overstayed their visas or crossed the border illegally from returning to the U.S. legally after an extended wait period, depending on the length of time that they had been in the country illegally.
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