Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - U.S. and Canadian Immigration and Nationality Newsletter and Update.
In This Issue:
*******
UPCOMING NPZ SPEAKING
 EVENT:
 
U.S. IMMIGRATION WORK VISAS - A PRIMER FOR THE HUMAN RESOURCES PROFESSIONAL: HOW TO SELECT APPROPRIATE WORK VISAS (H-1B, L-1, O-1, E-1 OR TN)? HOW TO APPLY FOR A WORK VISA? WHO GETS A SOCIAL SECURITY CARD AND HOW? HOW DOES THE WORK VISA SQUARE WITH THE I-9 FORM AND E-VERIFY?
 
When: February 9th, 2016

Time: 5:30 PM to 7:30 PM

Where:  
Rutgers Dinning Club on College Avenue, New Brunswick, NJ
 
 
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Dear Readers:
 
Happy new year to all! In the U.S., we look forward to what promises to be an exciting New Year on the immigration and nationality law front. In anticipation of the New Year we were provided with a new DRAFT rule from the U.S. Department of Homeland Security (DHS) about employment-based green card processing, nonimmigrant work visas and employment authorization documents (EADs). The regulation is 181 pages in length and it affects a large portion of the country's skilled immigrant workers as well as potentially millions of others that may apply for EADs.
 
The new regulation has its genesis in several of the memoranda that were promulgated by President Obama in November 2014. In the regulatory summary, the USCIS notes that it is seeking to provide: (1) improved processes for US employers sponsoring and retaining immigrant and non-immigrant workers; and (2) greater stability and job flexibility for such workers; and (3) increased transparency and consistency in the application of agency policy. 

The goal of the proposed regulation is to make it easier for U.S. employers to hire and retain workers who are the beneficiaries of employment-based green card petitions and also to increase the ability of workers to seek promotions, accept lateral positions with current employers, change employers, and/or pursue other employment options. In addition, the proposed new rule also makes significant changes to the EAD process. The 90-day time limit for adjudicating EAD applications would be changed "in light of national security and fraud concerns." However, USCIS has offered a "quid pro quo" by providing for an automatic extension of employment authorization for timely filed I-765 renewal applications. Note the potential impact upon the Form I-9 Employment Verification process. The new rule is quite dense and will require a great deal of analysis. We will continue to keep our readers posted.
 
As everyone knows, 2016 is an election year and given the "political football" that the immigration law is we suggest that our readers continue to check-in with our U.S. and Canadian immigration law attorneys and lawyers for changes to the law as they may occur. We continue to remind our readers, their friends and families, that we are U.S. and Canadian immigration lawyers with locations in NJ, NY, IN and MA. We continue to strive to get the very best results that we can for our clients and we continue to try to offer ways for our clients to understand the nuances of immigration law in their native language(s) (e.g. Spanish, Korean, Slovak, Hindi, etc.). 

Please feel free to contact us with any questions that you may have at info@visaserve.com or you can also call us at 201-670-0006 (x107).  Happy new year and we look forward to being of assistance to you, your friends and your family members. 
 
GETTING READY FOR H-1B SEASON? WE SURE ARE! TIS THE SEASON TO BE JOLLY AND TIS ALMOST 2017 H-1B SEASON.          
As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services ("USCIS") will start accepting new H-1B petitions for fiscal year 2017 on Friday, April 1st, 2016. As such, employers should start immediately identifying current and future employees who will require sponsorship for new H-1B petitions. By way of background, the USCIS issues H-1B visas to foreign workers serving in "specialty occupations at a professional level."

A specialty occupation requires a theoretical and practical application of a body of highly-specialized knowledge, to be performed by a worker with at least the equivalent of bachelor's degree in the field. Both the position to be filled and the foreign worker's qualifications must meet the criteria for a specialty occupation.
 
 
HOW DO THE NEW RESTRICTIONS ON VISA WAIVER PROGRAM (VWP) (EFFECTIVE DATE: DECEMBER 18TH, 2015) IMPACT OTHER VISA APPLICATIONS AT CONSULAR OFFICES ABROAD?  
The U.S. immigration and Nationality Law Staff at the NPZ Law Group would like to wish our readership a very happy new year and remind you that we strive to continue to provide cutting-edge information in the rapidly developing and changing U.S. immigration and nationality law arena. 
 
Recently, on December 18th, 2015, the 2016 Consolidated Appropriations Act (H.R. 2029) was signed into law. In addition to funding the government through September 30th, 2016, the Bill includes provisions that change the Visa Waiver Program (VWP) - some of which take effect immediately.

Though at this point it remains unclear how Customs and Border Protection (CBP) and other agencies will take steps to implement and enforce the new laws, it remains unclear at this juncture what impact this change will have n other visa processing. However, it is highly likely that this new law will impact those that are seeking Visitor (B-1/B-2) Visas (and other Visa types) at U.S. Consulate offices abroad.
 
 
USCIS HAS PROPOSED A RULE AFFECTING CERTAIN EMPLOYMENT - BASED IMMIGRANT & NON-IMMIGRANT VISA PROGRAMS.     
On December 31st, 2015, the DHS proposed a rule in the Federal Register called "Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers". USCIS is seeking public comments on a proposed rule that would modernize and improve certain aspects of employment-based nonimmigrant and immigrant visa programs. USCIS is also proposing regulatory amendments to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents (LPRs).  
 
Among other things, DHS is proposing to amend its regulations in order to:
         
1. Clarify and improve longstanding agency policies and procedures implementing sections of the American Competitiveness in the Twenty-First Century Act (AC-21) and the American Competitiveness and Workforce Improvement Act (ACWIA) related to certain foreign workers, which will enhance USCIS' consistency in adjudication; and  
 
2. Better enable U.S. employers to employ and retain certain foreign workers who are the beneficiaries of approved employment-based immigrant visa petitions (I-140 petitions) while also providing stability and job flexibility for these workers. The proposed rule will increase the ability of such workers to further their careers by accepting promotions, making position changes with current employers, changing employers, and pursuing other employment opportunities. 
 
SOME LOGISTICAL FILING UPDATES: USCIS TRANSFERS WORKLOAD FROM VSC TO CSC & NSC.
The USCIS recently began transferring certain casework from the Vermont Service Center (VSC) to the California Service Center (CSC) and Nebraska Service Center (NSC) to balance workloads. The CSC will now process Form I-539, Application to Extend/Change Nonimmigrant Status.
 
The NSC will process Form I-765, Application for Employment Authorization, filed by an asylum applicant with a pending asylum application filed on or after January 4th, 1995. The eligibility category for the application is (c)(8).
 
READ MORE ON "HOW YOUR CASE WILL BE AFFECTED BY THE TRANSFER" BY CLICKING HERE . . .
U VISA UPDATES: USCIS ANNOUNCES THE APPROVAL OF 10,000 U VISA FOR 7TH FISCAL YEAR. 
U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum of 10,000 petitions for U-1 nonimmigrant status (U visas) for fiscal year 2016. This marks the seventh straight year that USCIS has reached the statutory maximum since it began issuing U visas for victims of certain crimes in 2009.
 
Each year, 10,000 U visas are available for victims of certain qualifying crimes who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute those crimes. A U visa petition requires a law enforcement agency (LEA) certification that the victim has been helpful to law enforcement. Although USCIS has reached the statutory cap of 10,000 U visas, it will continue to review pending petitions for eligibility. USCIS will resume issuing U visas on October 1st, 2016, the first day of the 2017 fiscal year, when visas become available again.
 
TO READ MORE, PLEASE CLICK HERE . . .

THE JANUARY 2016 VISA BULLETIN: DOS REPORTS JANUARY 2016 VISA NUMBERS - IS YOUR PRIORITY DATE CURRENT?  IF SO, PLEASE LET US KNOW.       
EB-2 India: In January, the final action dates for EB-2 India will advance eight months to February 1st, 2008. In large part, this reflects a continuing correction following a roll-back of the date at the end of fiscal year 2015. The DOS indicated that a monthly advancement of eight months in this category continues to be the best case scenario, but that the actual advancement may be around four to six months at a time. The DOS expects that recent movements will spur EB-3 upgrades which, if realized, would eventually impact demand and slow the advancement of the EB-2 India category, perhaps in early to mid-2016.

EB-3 Worldwide: In January, the final action date for EB-3 worldwide will advance by one month to October 15th, 2015. Given the advancement of this category in the past fiscal year, DOS anticipated more demand in this category than has been reported by USCIS. In order to avoid future retrogression of this category if significant demand materializes, DOS does not anticipate advancing this date too rapidly in the coming months.

Religious Workers and EB-5:  On December 11th, 2015, a short-term continuing resolution was passed and signed by the President, extending the religious worker and EB-5 Regional Center programs for 5 days, until December 16th, 2015. On December 16th, 2015, another continuing resolution was signed, keeping the government open and the EB-5 and religious worker programs running until December 22nd. Assuming the 2016 Omnibus Spending Bill is passed and signed prior to December 22nd, 2015 the EB-5 and religious worker programs will be extended through the end of fiscal year 2016 (through September 30th, 2016) and will have run without interruption. At this time, appointments for these categories are continuing to be scheduled.

SE HABLA ESPANOL - OUR STAFF SPEAKS SPANISH AND MANY OTHER LANGUAGES.
ES LA TEMPORADA PARA ESTAR ALEGRE Y ES CASI LA TEMPORADA H-1B 2017.        
Como recordatorio a todos los empleadores de los Estados Unidos, la temporada H-1B ya casi está aquí! El Servicio de Inmigración y Ciudadanía de los Estados Unidos ("USCIS") comenzará a aceptar nuevas peticiones H-1B para el año fiscal 2017 el viernes, 1 de abril de 2016. Como tal, los empleadores deben comenzar a identificar de inmediato a los empleados actuales y futuros que requerirán el patrocinio de nuevas visas H-1B. A modo de antecedente, USCIS emite visas H-1B para trabajadores extranjeros que sirven en "ocupaciones especializadas a nivel profesional". Una ocupación especializada requiere la aplicación teórica y práctica de un cuerpo de conocimiento altamente especializado, a realizar por un trabajador con al menos el equivalente a un título de licenciatura en el campo. Tanto el puesto a cubrir como la cualificación del trabajador extranjero debe cumplir con los criterios para una ocupación especializada.
 
TO READ MORE, PLEASE CLICK HERE . . .
CÓMO LAS NUEVAS RESTRICCIONES SOBRE EL PROGRAMA DE EXENCIÓN DE VISAS (VWP) ?       
El personal del grupo de Abogados de Inmigración y Nacionalidad de los Estados Unidos, NPZ Law Group, P.C. les desea a nuestros lectores un muy feliz año nuevo y les recuerda que nos esforzamos por seguir proporcionando información de vanguardia en el ámbito de ley de rápido desarrollo y cambio de inmigración y nacionalidad de los Estados Unidos.
 
TO READ MORE, PLEASE CLICK HERE . . .

"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.

DO YOU QUALIFY FOR AN H-1B? JOIN LUDKA ZIMOVCAK, ESQ. AT THE NPZ LAW GROUP FOR A VIDEO ABOUT H-1B QUALIICATIONS. 
 
 
H-1B nonimmigrant professional and specialty occupation visa, H-1B lottery, H-1B season, prevailing wage survey, OES, DOL, LCA,  
Education & Experience equivalence, Position has to require at least a bachelors degree, degree & job position need to match, preparation of H-1B application, H-1B quota limitations, cap exemptions.
HAPPY NEW YEAR 2016!!!