Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - U.S. and Canadian Immigration and Nationality Newsletter and Update.
In This Issue:
*********
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

Date:

June 29th, 2016
 
Time:

9:00 AM - 4:00 PM EST
 
 
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Dear Readers:

I was out to dinner with some old friends recently and we started speaking about the upcoming Presidential Election. Since they did not live in the U.S., they had been relying on what they were hearing in the foreign media. Of course, they asked me what I thought of the prospective candidates' positions on U.S. immigration law. After pointing out that "politics makes strange bedfellows" (which is an interesting direct translation into many languages), I proceeded to explain a bit about the recent history of U.S. immigration law . . .  

Most would agree with the statement that "the U.S. immigration system is broken". In fact, the issue of U.S. immigration law is one that has clearly propelled Donald Trump to be the most likely Republican nominee for President in 2016.  But interestingly, we need to take a look into the recent history of the U.S. immigration and nationality law to see why the system is broken. In other words, what was the catalyst that caused the U.S. immigration law system to be able to offer so few options to allow individuals to stay in the U.S. To take everyone back, recall in 1996 that President Bill Clinton was seeking his second term as the President. Getting a second term in office requires a great deal of political maneuvering. Of course, any political maneuver needs to be one that causes the least amount of damage to the political party making the maneuver. Enter . . . U.S. immigration and nationality law. You see . . . immigrants do not vote so the immigration law was an easy issue to hand over to the Republicans.  

Needless to say, in 1996, President Bill Clinton signed a bill that overhauled immigration enforcement in the US and laid the groundwork for the massive deportation machine that exists today. It continues to be our feeling that the implementation of the LIFE ACT and the 245(i) Program in 2001 was implemented because President Clinton "felt guilty" about the oppressive provisions of the 1996 Act. And this all makes sense since 245(i) still remains a very powerful tool that allows individuals who have accrued over 180 days of unlawful presence to avoid the 3/10 years bars implemented under the bill signed by Clinton in 1996. 

We remind our readers that we are U.S. and Canadian immigration lawyers. We assist individuals, businesses, families and individuals to legally immigrate to the U.S. and Canada. If you and/or your friends or family have any questions or need any immigration law assistance, please feel free to e-mail to us at  info@visaserve.com  or you can call our offices at  201-670-0006 (x107) . We look forward to being able to assist you.
H-1B VISA UPDATES: NOW THAT THE CAP IS REACHED . . . DO I STILL HAVE A CHANCE OF GETTING AN H-1B VISA? 
On April 7th, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.

Because of the surge of petitions that were filed, USCIS conducted a lottery to determine which petitions received during the five-day submission period will actually be considered. USCIS has already started sending receipt notices for the petitions selected in the random selection process.

As expected, it is a very stressful time for thousands of potential H-1B workers. Until the prospective H-1B employers or their legal representatives start receiving receipt notices, and the dark clouds of uncertainty over prospective H-1B visa holders move past, the question worth asking and exploring is: "Do I still have a chance of getting an H-1B visa even if my H-1B petition does not make it to the H-1B cap?"
 
 
PREMIUM PROCESSING: FISCAL YEAR 2017 H-1B CAP PREMIUM PROCESSING TO BEGIN MAY 12TH.   
On May 12th, 2016 , U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master's degree or higher. USCIS first announced in a news release that it would temporarily adjust its premium processing practice due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season.

USCIS provides premium processing service for certain employment-based petitions and guarantees a 15-calendar-day processing time. For H-1B petitions that are not subject to the cap and for any other visa classification, the 15-day processing period for premium processing service begins on the date that USCIS receives the request.
 
 
ANOTHER H-1B UPDATE: USCIS WILL TEMPORARILY SUSPEND USE OF PRE-PAID MAILERS FOR CERTAIN H-1B CAP SUBJECT PETITIONS
  
For two weeks after premium processing resumes for H-1B cap-subject petitions, USCIS will not use pre-paid mailers to send out final notices for premium processing H-1B cap-subject petitions. Instead, USCIS will use regular mail. USCIS will be doing this due to resource limitations as USCIS work to process all premium processing petitions in a timely manner. After the two week period, USCIS will resume sending out final notices in the pre-paid mailers provided by petitioners. 
 
VISA BULLETIN UPDATE: EMPLOYMENT-BASED FOURTH PREFERENCE (EB-4) VISA LIMITS REACHED FOR SPECIAL IMMIGRANTS FROM EL SALVADOR, GUATEMALA AND HONDURAS.
The Department of State's Visa Bulletin for May 2016 reflects a final action date  of January 1st, 2010, for EB-4 visas for special immigrants from El Salvador, Guatemala and Honduras. This means that starting in May, applicants from these countries who filed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant on or after January 1st, 2010, will not be able to obtain an immigrant visa or adjust status until new visas become available.

These three countries have reached their EB-4 visa limits as congressionally mandated for fiscal year 2016, which ends September 30. Information on EB-4 visa availability for fiscal year 2017 for El Salvador, Guatemala and Honduras will appear in the Department of State's October Visa Bulletin, which will be published this September. 
 
USCIS PROCESSING TIME UPDATES: USCIS MESSAGE REGARDING PROCESSING TIMES
   
Recently USCIS notified all the stakeholders regarding recent customer concerns about processing delays. USCIS is working to address the staffing shortages and workload issues that are causing processing time delays. USCIS reviewed the workload capacity at each service center and, based on the findings, they are redistributing the work among the service centers. This type of planning allows them to maximize USCIS resources and minimize any delays when work is transferred. 
 

***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 Adjunct Professor of Paralegal Studies in Immigration and Nationality Law at Fairleigh Dickinson University and Bergen Community College. 
TPS FOR MORE COUNTRIES? IMMIGRATION RELIEF FOR THOSE AFFECTED BY SEVERE EARTHQUAKES.        
USCIS offers immigration relief measures for people affected by natural disasters, such as the severe earthquakes that recently occurred in Ecuador, Japan and Burma.

The following measures may be available upon request:

· Change or extension of nonimmigrant status if you are currently in the United States, even if the request is filed after your authorized period of admission has expired;
· Re-parole, if you were previously granted parole by USCIS;
· Expedited processing of requests for advance parole documents;
· Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
· Expedited adjudication of employment authorization applications, where appropriate;
· Consideration of fee waivers due to an inability to pay.
 
FEDERAL REGISTER COMMENT PERIOD FOR REVISED FORM I-485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS.        
On March 31st, 2016, USCIS published a 60-day notice in the Federal Register inviting public comment on a revised version of Form I-485, Application to Register Permanent Residence or Adjust Status.

After the 60-day period, USCIS will address public comments and publish the required 30-day notice in the Federal Register. USCIS will issue the final revised Form I-485 once the Office of Management and Budget approves the form.

Customers may continue to use the current version of Form I-485 (edition date: 10/05/15) until further notice.
 
THE MAY 2016 VISA BULLETIN: DOS REPORTS MAY 2016 VISA NUMBERS - IS YOUR PRIORITY DATE CURRENT?  IF SO, PLEASE LET US KNOW.       
FAMILY-SPONSORED:
 
CHINA F4:  The level of applicant demand being received has begun to increase.  Should this pattern continue, it will be necessary to either hold or retrogress this final action date in late summer.  That action would be necessary to hold number use within the overall China Family-sponsored annual limit. 
 
INDIA F4:  The amount of demand being reported for applicants with priority dates which are significantly earlier than the established cut-off date has increased dramatically in recent months.  As a result, it is likely that this final action date will be retrogressed, possibly as early as June.  This action would be necessary to hold number use within the overall India Family-sponsored annual limit.


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

H-1B VISA EXTENSION AND H-1B1 EXTENSIONS.
 
 

In limited circumstances, H1B visa status can be extended beyond 6 years if:
  • The foreign national is the beneficiary of an approved I-140 petition.
  • The foreign national is the beneficiary of a PERM petition or I-140 petition that was filed over 365 days ago.
  • The foreign national is recapturing time spent outside the US during the past 6 years in H-1B status.
1 year extension Based on Pending PERM or I-140 petition under AC-21 104(a) 
You may extend your H1B status annually in one-year increments if your   PERM petition  or I-140 petition was filed at least 365 days prior to the day when you reach the six-year limit.
3 year extension Based on Approved I-140 petition under AC-21 106(c) 
You may extend your H1B status for 3 years if you are the beneficiary of an approved I-140 petition but your priority date is not current, (immigrant visa number is not available to you).
Recapturing Time Spent Outside the US
An H1B holder may apply for an H1B extension and "recapture" days spent outside of the US.
If the H1B visa holder was outside the US in the 6 years they held H1B status, they can recapture those days in an H1B extension application.
The H1B holder would submit the exit from US and entry back to US dates, as well as the corresponding stamps and I-94 copies from his/her passport.
Cap Exempt New H-1B
If you have an H-1B visa stamped in your passport and the expiration date is within the past 6 years, you are eligible for a new cap exempt H-1B.
Your new employer would apply for the cap exempt H-1B with USCIS and you would be able to start work after it is approved.