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UPCOMING EVENT
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 ET
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Quick Links
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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:
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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 we wind-up the April 1st filings for the H-1B visas we wish all H-1B hopefuls the best of luck with the H-1B Lottery. We also remind our readers that the numbers of H-1B visas submitted is an indication of the optimism for the employment market in the Fall. H-1B nonimmigrant workers bring new skills, more taxes and innovation to our Nation. It continues to be our hope that Congress will work to expand the opportunities that the H-1B nonimmigrant work visa program contributes to our Nation's economy.
Next week, several representatives from the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. will be attending the AILA National Day of Action on Capitol Hill and they will be sharing their views with Senators and Congresspeople how immigration benefits the United States. We will bring immigration law news from Capitol Hill in our middle of April e-zine as well as by way of video on our YOUTUBE channel.
In our last e-zine we reported that the Department of Homeland Security (DHS) issued a Final Rule will allow international students in certain science, technology, engineering or mathematics (STEM) fields to maximize their educational experience in the United States. The rule accomplishes this by preserving an extension of the period of time during which they may take part in post-graduate Optional Practical Training (OPT). This rule also allows some students to maintain their status and some to continue their training when they are beneficiaries of an H-1B petition (i.e., preserves the cap-gap solution).
A federal district court vacated a similar 2008 rule in Washtech v. DHS prompting the need for this new rule. The court had delayed the orders effect until May 10th, 2016, which is the effective date of the new rule. An immediate end to the 2008 rule would have had an enormous impact since more than 34,000 students with STEM OPT extensions were in the U.S. as of September 16th, 2015. While there are many changes between the 2008 rule and the new rule, the most significant include:
- The school that granted the degree must be accredited by an organization included in a U.S. Department of Education database.
- A 24-month extension, instead of the current 17 months and the option of a second 24-month extension after completing a higher level degree and meeting certain requirements.
- The 24-month extension may be based on a degree completed within the past 10 years at a U.S. campus of a school which is accredited at the time the extension application is filed and the training is directly related to the STEM field.
- Additional fields will be included in the list of STEM degrees acceptable for extension.
- Training Plans will now required as a prerequisite to the school official's recommendation of the OPT extension. The training program imposes obligations on employers, including attestations, intended to protect the terms and conditions of employment for U.S. workers.
The new rule presents hurdles for students who are entrepreneurs because they cannot participate in a self-employment situation. The training program must be signed on the employer's behalf by someone other than the student, and there must be an employer-employee relationship. This resembles DHS approach to entrepreneurs since 2008 in the H-1B category. The employer-employee requirement also forecloses volunteer positions.
Although DHS maintains that even start-ups can participate, the training program requirements may be difficult for smaller employers to meet. The new rule is mostly a win-win. International students who qualify for the STEM OPT extension will have a greater opportunity for experiential learning, U.S. colleges and universities and U.S. employers can remain competitive in a global economy, and U.S. workers will receive protections to ensure that training remains educational.
For more information about the new STEM OPT extension rule, please feel free to contact our office at
info@visaserve.com or by calling us at 201-670-0006 (x100). We remind our readers that we are U.S. and Canada immigration lawyers and that we would be pleased to assist you, your family members or your Human Resources staff members with any of their immigration compliance issues.
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ANOTHER H-1B NONIMMIGRANT VISA LOTTERY IS LOOMING: NOW IS THE TIME TO START TO THINK ABOUT YOUR H-1B BACK-UP PLAN?
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Last year,
on April 7
th, the USCIS announced that it had received 233,000 H-1B petitions for the Fiscal Year 2016 which began on October 1st, 2015. The H-1B lottery (also referred as a "random selection process") is likely to be conducted again this year and, in a few weeks, the USCIS will begin to send out H-1B receipt notices.
With uncertainty looming large as to who may or may not "win the lottery" or who may or may not cross the 'threshold' hurdle of H-1B visas, it is time that H-1B visa hopefuls (and their prospective H-1B employers) start to explore other nonimmigrant work visa options to allow them to work and live in the United States on a temporary basis.
This article is timely in nature and it seeks to capture and present some of the possible nonimmigrant work visa options that may be available to prospective H-1B visa beneficiaries who do not "win the H-1B lottery" this fiscal year and who do not get counted toward the 2017 Fiscal Year H-1B cap.
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AS THE SUMMER APPROACHES: U.S CITIZENS - DOCUMENTS, IDENTIFICATION, AND/OR PAPERWORK TO HAVE WHILE TRAVELING INTERNATIONALLY.
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If you are a U.S citizen and are planning to travel in the Western Hemisphere (Canada, Mexico, Caribbean, Central and South America) and need to know the documentation/ID requirements, below is some helpful information recently published by the U.S. Customs and Border Protection.
For Air Travel: All U.S. citizens departing from or entering the United States from within the Western Hemisphere by air are required to present a valid passport or NEXUS card (if utilizing a NEXUS kiosk when departing from a designated Canadian airport). Merchant Mariner Document (for U.S. citizens on official maritime business.) U.S. Military identification card when traveling on official orders; Note that children are also required to present their own passport when traveling by air.
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NEW F-1 VISA STEM OPT EXTENSION RULE TO BE EFFECTIVE MAY 10TH 2016: RULE DELIVERS MUCH AWAITED RELIEF TO H-1B LOTTERY HOPEFULS.
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On March 9th, 2016, the U.S. Department of Homeland Security (DHS) released a copy of the FINAL RULE pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, and mathematics (STEM). The official version of the final rule is slotted to be published in the Federal Register on March 11th, 2016.
The new rule will permit employers to retain the talented international students who rely upon the F-1 nonimmigrant student visa for a longer period. USCIS will begin accepting applications under this provision on May 10th, 2016. Prior to that date, USCIS will continue to accept applications under the existing 17-month STEM OPT procedure.
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I-9 FORM UPDATES: USCIS REQUESTING COMMENTS ON PROPOSED CHANGES TO I-9 FORM.
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On March 28th, 2016, USCIS published a 30-day notice in the Federal Register (FR) inviting public comment on proposed changes to Form I-9, Employment Eligibility Verification. The public may provide comments on the proposed changes for 30 days, until April 27th, 2016. Employers must continue to use the current version of Form I-9 until the Office of Management and Budget (OMB) approves the proposed version and USCIS posts it on its website.
Some of the proposed changes include: (1) Validations on certain fields to ensure information is entered correctly; (2) Buttons that will allow users to access the instructions electronically, print the form, and clear the form to start over; (3) Removing the requirement that aliens authorized to work must provide both their Form I-94 number and foreign passport information in Section 1; (4) Requiring employees to provide only other last names used in Section 1, rather than all other names used.
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POTOMAC SERVICE CENTER GEARS-UP: POTOMAC SERVICE CENTER NOW PROCESSING CERTAIN FORM I-765 CASES.
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On March 28th, 2016, the Lockbox began sending certain cases to the Potomac Service Center. This includes all newly filed Form I-765, Application for Employment Authorization, applications filed by F-1 and M-1 students seeking Optional Practical Training (OPT).
The USCIS Explains How Your Case May Be Affected . . .
When the Lockbox sends your case to the Potomac Service Center, we will send you a notice with your receipt number. Cases sent to the Potomac Service Center will be assigned a receipt number that begins with YSC, which is the prefix used to identify Potomac Service Center filings.
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CBP UPDATES: ELECTRONIC VISA UPDATE SYSTEM ANNOUNCED BY CUSTOMS AND BORDER PROTECTION.
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On March 15th, 2016, U.S
Customs and Border Protection (CBP) announced the anticipated establishment of the
Electronic Visa Update System (EVUS), a new platform under development which is designed to enhance border security in accordance with the bilateral arrangement with China to issue 10-year validity tourist and business visas.
Beginning in November 2016, nationals of the People's Republic of China holding 10-year visas B1/B2, B1 and B2 visas will be required to complete an online form to update certain biographic information. Travelers will need to have a valid EVUS enrollment prior to traveling to the US. An EVUS enrollment is valid for two years or until the traveler obtains a new passport, whichever comes first.
EVUS will go-live in November 2016. Travelers will be asked to update/verify the following fields: name, address, date of birth, passport number, and other basic biographic information needed to expedite entry into the United States. Visaholders do not need to do anything until the platform has officially launched.
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WARNING FROM THE USCIS: BEWARE OF IMMIGRATION SCAMS.
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USCIS informed the public that immigration scams are rampant. To prevent yourself from being a victim of Immigration scams you should be vigilant.
Scammers pretend to be a government official and call immigrants saying there is a problem with their immigration record.
Sometimes, scammers use special software to make it look like an 800 number is calling. Other times they leave a message to call a number that sounds exactly like our 800 number. We have assisted many of our clients and potential clients to detect scams.
If you feel/detect that you my be the victim of a scam, please feel free to call our offices.
***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 present Member of the AILA National Business Immigration Committee.
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THE APRIL 2016 VISA BULLETIN: DOS REPORTS APRIL 2016 VISA NUMBERS - IS YOUR PRIORITY DATE CURRENT? IF SO, PLEASE LET US KNOW.
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The Final Action Dates in the April 2016 Visa Bulletin are consistent with the U.S. Department of State (DOS) predictions from last month. In February, DOS predicted that we would continue to see forward movement of up to five months in EB-2 and EB-3 China, and in April, EB-2 China will advance one month and EB-3 China will advance one and a half months.
This modest advancement is attributable to an increase in I-485 cases in these categories coming to completion. DOS has limited/no visibility into immigrant visa demand at USCIS until USCIS completes adjudication of an I-485 and requests a visa number. The difference in USCIS processing times at various offices makes it difficult to predict future demand and thus, difficult to adjust the Final Action Dates in such a way as to avoid volatility over the course of the fiscal year.
For example, when the February Final Action Dates were announced in early January, USCIS reported 400 India EB-2 applicants who were eligible for final action, but by the end of February, USCIS had requested an additional 300 of these numbers. When an abrupt increase in demand such as this occurs, it is impossible to know whether it represents a sustained increase in demand in that category, whether it is the result of preference category upgrades or downgrades, or whether it merely represents a one-time reallocation of adjudication resources.
Additional transparency and data analytics into pending I-485s would be helpful, and it is hoped that USCIS' use of the Dates for Filing will eventually provide such insight.
READ MORE . . .
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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 AND POLITICS - STRANGE BEDFELLOWS? PERHAPS NOT. |
The peak immigration periods have coincided with fundamental transformations of the American economy. The first saw the dawn of European settlement in the Americas. The second allowed the young United States to transition from a colonial to an agricultural economy. The industrial revolution gave rise to a manufacturing economy during the third peak period, propelling America's rise to become the leading power in the world. Today's large-scale immigration has coincided with globalization and the last stages of transformation from a manufacturing to a 21st century knowledge-based economy. As before, immigration has been prompted by economic transformation, just as it is helping the United States adapt to new economic realities.
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UNLAWFUL PRESENCE - TRADITIONAL WAIVER (I-601) - PROVISIONAL WAIVERS - 3/10 YEAR BAR.
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A finding or likelihood of being found inadmissible to the U.S. may not be the end of your hopes for a U.S. visa or green card. Many grounds of inadmissibility allow applicants to apply for a waiver; in other words, "forgiveness" of the ground by the U.S. government. Different grounds of inadmissibility have different waiver requirements, however, so make sure you meet the basic criteria to submit an application. The application itself will need to be carefully prepared and documented.
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