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UPCOMING
EVENT
FORM I-9 OVERVIEW AND UPDATES: AVOIDING ICE INVESTIGATIONS AND AUDITS.
Where:
GSC-SHRM
1 Convention Boulevard
Atlantic City, New Jersey 08401
When: September 26th, 2016 at 1:30 PM
Please contact us at infor@visaserve.com for more information.
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Quick Links
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:: 201-670-0006 (X100)
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OUR OFFICES:
NEW JERSEY OFFICE:
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Indianapolis, IN 46204
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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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Call us at 201-670-0006 (x104) for contact details.
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Dear Readers:
The summer continues to be unseasonably busy for the VISASERVE TEAM. We continue to monitor the potential factors that may be the driving force. However, the world continues to be such a rapidly changing place that the variables continue to get confounded. As we have said before, the one thing in the U.S. immigration law that remains constant is "change".
As a bit of mid-August round-up . . . on July 29th, 2016, the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) issued a final rule expanding the class of noncitizens eligible to receive provisional unlawful presence waivers. Under the new regulation, all noncitizens who would be subject to the unlawful presence bars upon their departure from the country can seek a provisional waiver from inside the US. USCIS will also no longer deny a provisional waiver when the agency has "reason to believe" that the applicant is inadmissible on other grounds. A noncitizen with a final order of removal is no longer is barred from seeking a provisional waiver, so long as she first is granted a waiver after filing Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. A noncitizen who has unlawfully reentered the United States may also qualify for a provisional waiver so long as the prior order of removal has not been formally reinstated. The new rule is effective on August 29th, 2016.
The Government Accountability Office (GAO) issued a report in July making a dozen recommendations for improving the long-delayed effort by USCIS to digitize the filing and adjudication of immigration forms. The Transformation Program, which began in 2006, was originally scheduled to cost $2.1 billion and be completed by June 2014. Last year, however, auditors stated that the effort would cost an additional billion dollars and not be completed until 2019. USCIS concurred with all recommendations made in the report. On the ICE-enforcement front, a natural foods company in California agreed to forfeit $1.5 million over allegations that it rehired workers who left the company after an audit was conducted by U.S. Immigration and Customs Enforcement (ICE). Mary Gone Crackers, Inc., rehired former workers under new names workers who resigned or were fired.
On July 18th, 2016, the Department of Justice Office (DOJ) of Information Privacy released guidance on changes made by the FOIA Improvement Act of 2016. Now agencies must notify FOIA requesters of the availability of a FOIA public liaison and their right to seek dispute resolution services in the event of an adverse response. Also, USCIS recently released updated versions of Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, and Form I-129S, Nonimmigrant Petition Based on Blanket L Petition. Additionally, USCIS has advised Civil Surgeons that they must test all adjustment applicants age fifteen or older for gonorrhea. Applicants under fifteen need be tested only if the civil surgeon has reason to suspect they have gonorrhea.
We remind our readers that the Nachman Phulwani Zimovcak (NPZ) Law Group has U.S. and Canadian immigration and nationality lawyers and immigration attorneys who help with a variety of immigration and nationality law services. The NPZ Law Group staff stands ready, willing and able to assist you, your friends, your family and/or your staff to obtain the best immigration law results. Please feel free to contact us at info@visaserve.com or you can call our offices at 201-670-0006 (x107).
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NEW ALERT: EXPANDING THE PROVISIONAL WAIVER PROCESS TO ALLOW ADDITIONAL APPLICANTS FOR PROVISIONAL WAIVERS.
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U.S. Citizenship and Immigration Services (USCIS) announced a final rule expanding the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs), and who are statutorily eligible for immigrant visas, to more easily navigate the immigration process. The provisional waiver process promotes family unity by reducing the time that eligible individuals are separated from their family members while they complete immigration processing abroad, while also improving administrative efficiency.
The final rule builds on a process established in 2013 to support family unity. Under that process, certain immediate relatives of U.S. citizens can apply for provisional waivers of the unlawful presence ground of inadmissibility, based on the extreme hardship their U.S. citizen spouses or parents would suffer if the waiver were not granted. The rule announced on July 29th, 2016 which goes into effect on August 29th, 2016, expands eligibility for the provisional waiver process to all individuals who are statutorily eligible for the waiver of the unlawful presence ground of inadmissibility.
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U.S. Citizenship and Immigration Services (USCIS) began its Administrative Site Visit and Verification Program (ASVVP) in 2009. Under the program, site visits are conducted by the Fraud Detection and National Security directorate (FDNS) of USCIS. FDNS conducts site visits for religious worker petitions, H-1B petitions, and since 2014, L-1 petitions.
An employer that signs Form I-129 agrees that "any supporting evidence submitted may be verified by USCIS through any means determined appropriate by USCIS, including but not limited to, on-site compliance reviews." FDNS site visits are voluntary, but it is strongly recommended that employers cooperate should one occur. Employers should immediately contact their immigration lawyer should an FDNS investigation take place. Though most site visits are unannounced and FDNS will not reschedule a visit to accommodate counsel, counsel is permitted to be present if logistically possible and is generally permitted to participate via telephone or by e-mail.
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DOES IT PAY TO APPEAL AN ADVERSE BUSINESS IMMIGRATION CASE TO THE ADMINISTRATIVE APPEALS OFFICE (AAO): By: Michael Phulwani, Esq., David H. Nachman, Esq., and Ludka Zimovcak, Esq.
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When a USCIS Service Center denies an employment-based visa petition, is it prudent to recommend to a petitioning employer to appeal to the AAO? Not if you have the option of filing a new petition. But there are many situations where refiling may not be an option. For example, where an immigrant visa petition must be approved to preserve a Beneficiary's priority date or where a nonimmigrant visa petition must be approved in order for the Beneficiary to be counted against the H-1B cap. In these cases, a refiling may not achieve a client's goals.
This articles summarizes some of the advantages and disadvantages to consider when considering whether or not to file an Appeal of an adverse determination of a case with the AAO.
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USCIS SHOWS US AN OASIS IN THE DESERT: EXPANDING THE 2016 PROVISIONAL UNLAWFUL PRESENCE WAIVER RULE.
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On July 29th, 2016, DHS published a final rule expanding the availability of the provisional unlawful presence waiver to individuals who would be statutorily eligible for an unlawful presence waiver under INA ยง212(a)(9)(B)(v). The rule also makes additional changes to the current provisional waiver process. This article provides background information on the unlawful presence bars, the provisional waiver process and an overview of the changes that will be implemented as of the effective date of the rule, August 29th, 2016.
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THE IMMIGRATION LAWYERS AT NACHMAN PHULWANI ZIMOVCAK (NPZ) LAW GROUP DESCRIBE WHAT MAY BE IN-STORE IN THE WAKE OF U.S. V. TEXAS.
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Recently, the U.S. Supreme Court issued a decision in the U.S. v. Texas case that addresses the DACA II and DAPA benefits sought by the Obama Administration. The following information will assist layman to understand the ripple effects of that decision.
On June 23rd, 2016, the Supreme Court issued a one-sentence per curiam ruling in U.S. v. Texas, simply stating, "The judgment is affirmed by an equally divided court." The 4-4 deadlock effectively leaves in place the preliminary injunction that was issued on February 16th, 2015 by U.S. District court Judge Andrew Hanen, and affirmed by the Fifth Circuit, blocking the federal government from implementing two initiatives announced by President Obama in November 2014: the expansion of Deferred Action for Childhood Arrivals (DACA II) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). By affirming the Lower Court in this manner, the Court set no precedent with regard to any of the substantive issues in the case, including the threshold question of whether Texas and the other litigant states have standing to sue.
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On August 1st, 2016, Secretary of Homeland Security Jeh Johnson announced the redesignation of Temporary Protected Status (TPS) and extension of the existing TPS designation for Syria from Oct. 1st, 2016, through March 31st, 2018. This allows eligible nationals of Syria (or persons without nationality who last habitually resided in Syria) to register or re-register for TPS in accordance with the Federal Register notice published on August 1st, 2016.
Current beneficiaries under Syria's TPS designation seeking to extend their TPS status must re-register during a 60-day period that runs from August 1st, 2016, through September 30th, 2016. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible.
The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD).
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Every U.S. employer must file a Form I-9 upon hiring a new employee. It is a deceptively simple form used to verify a new hire's eligibility to work in the United States. While appearing to be simple, employers often make mistakes when completing a Form I-9 and leave themselves open to fines and penalties for non-compliance, in addition to potentially running afoul of anti-discrimination provisions. Effective August 1st, 2016, the Department of Justice (DOJ) is raising penalties for Form I-9 non-compliance and penalties for violations on certain visa categories. Fines for mistakes or omissions on the Form I-9 will increase by 96%, so now it is more important than ever for employers to ensure their Form I-9s are fully in compliance before it is too late.
Changes to note include:
I-9 Verification Paperwork Violations
Maximum Penalty increase from
$1,100 to $2,156
Minimum Penalty increase from
$110 to $216
H-1B Program Violations
$1,782
maximum penalty for minor violations (ex. LCA misrepresentation)
$7,251 maximum penalty for major violations (e.g. working conditions)
$50,578 maximum penalty for displacing a US worker
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DOS released the Visa Bulletin for September 2016, which includes "Application Final Action Dates" and "Dates for Filing Applications" for the family- and employment-based categories. This is the last Visa Bulletin for FY2016.
There was forward movement in the final action dates for the employment-based, second and third preference categories for India, which advanced to February 22nd, 2005, and February 15th, 2005, respectively. The September 2016 Visa Bulletin also includes information on the worldwide numerical limits for FY2016.
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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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PRINCETON TV SPOTLIGHT ON U.S. IMMIGRATION LAW ISSUES AND HOSTS IMMIGRATION ATTORNEY, DAVID H. NACHMAN, ESQ., ONE OF THE MANAGING ATTORNEYS FROM NACHMAN PHULWANI ZIMOVCAK LAW GROUP.
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David Nachman, Esq., one of the Managing Attorney the Nachman Phulwani Zimovcak (NPZ) Law Group (Visaserve.com), with offices located in Ridgewood, New Jersey, New York City and with locations in Indianapolis, Boston, Chicago and Princeton discusses the provisional waivers and its expansion, President Obama on Prosecutorial Discretion, DACA, DAPA, US v Texas, the US immigration visa process and the rhetoric being unleashed during the presidential campaign on US immigration and nationality law issues. Does everyone know where Trump and Clinton stand?
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