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UPCOMING NPZ SPEAKING
EVENTS:
THE I-9 FORM: LEARN IT, LIVE IT, LOVE IT. - GSC SHRM 2015.
When: October 5th, 2015
Time: 10:15 am to 11:15 pm
Where:
Atlantic City Convention Center
One Convention Boulevard
Atlantic City, NJ 08401
SYMPOSIUM ON LEGAL, BUSINESS & INSURANCE ISSUES IMPACTING THE EQUINE INDUSTRY.
Date: October 12th, 2015
Time: 9:30 am to 4:00 pm
Where: The Place at Somerset
333 Davidson Avenue
Somerset, NJ 08873
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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 (x107)
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
BOSTON AREA OFFICE:
300 Brickstone Square
Suite 201
Andover, Massachusetts
01810
ATT: Call Rabindra Singh, Esq. at 125
INDIA AFFILIATED OFFICE:
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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OF COUNSEL:
Law Office of Michael Phulwani
F603 Remi Biz Court
Veera Desai Road
Andheri West
Mumbai 400 053, India
ATT: Ask for Sangeeta
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Dear Readers:
Well, the U.S. is still in business! After some difficult negotiations Congress (actually working together) passed a Bill to avert a government shut-down and to extend three important immigration law programs (CONRAD State 30, Religious Worker Visa and EB-5) at least until December 11th, 2015. To say the least, this leads us to conclude that there may be hope (after all) for politicians in Washington DC to actually come to a compromise. Perhaps on the issue of immigration reform will be addressed soon? Stay tuned.
Recently, several staff of the NPZ Law Group attended a Stakeholder's Meeting at the Vermont Service Center (VSC). We want to commend the Directorate of the VSC for organizing and conducting a full-day of workshops about various U.S. immigration law issues (H-1B, L-1, O-1, P-1, International Students, and Family immigration). The workshops were exceptionally helpful for Stakeholders to get updated information about new processes and to personally meet the Officers working on the cases. The meeting is just another step in the direction of the USCIS (and NVC) to provide the much-needed transparency to a nebulous process. The day ended with a tour of the VSC. Clearly, the VSC deals with an incredible volume of cases. We, again, commend the hard work of the USCIS Adjudications Officers (and their Managers) who continue to move myriad cases systematically and with celerity.
For the last several weeks we have been on a roller-coaster ride trying to deal with the new Visa Bulletin. We are given to understand that a Class Action Lawsuit was filed allowing Adjustment of Status (AOS) cases to be filed that were reported as "dates for filing" from the first iteration of the newly-reported October 1st Visa Bulletin. As of the preparation of this e-zine, we have no guidance about the outcome of that matter. Stay-tuned for news on this front too.
If we, the Nachman Phulwani Zimovcak (NPZ) Law Group, can be of any assistance to you, your friends, your family, and/or your colleagues, please feel free to send us an e-mail to info@visaserve.com or you can call us at 201-670-0006 (x107). We would be more than pleased to assist you with any U.S. and/or Canadian immigration law matter(s).
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IT IS OCTOBER 1ST: WHAT HR MANAGERS AND BUSINESS OWNERS NEED TO KNOW ABOUT "ONBOARDING" NEW H-1B EMPLOYEES?
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October 1st marks the beginning of the "onboarding" of new H-1B employees at many companies throughout the United States. Winning the lottery and having H-1B Petitions approved by United States Citizenship and Immigration Services (USCIS)[1] were just two initial steps involved in the hiring and retaining process of talented foreign nationals in the United States. Carefully onboarding the H-1B employee is as crucial as selecting, hiring and bringing them into the United States (or assisting in changing their nonimmigrant status in the United States). This article briefly addresses few very basic, but very important topics, that HR Managers and Professionals, and Business Owners should be aware of, and religiously comply with, in order to avoid potential pitfalls pertaining to the onboarding of new H-1B employees.
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USCIS ALERT ABOUT EXECUTIVE ACTIONS: PAY YOUR N-400 NATURALIZATION APPLICATION FEES WITH YOUR CREDIT CARD.
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USCIS issued a press release stating that "Applicants can now pay for their N-400, Application for Naturalization, using a credit card". There is no additional fee to pay with your credit card. The N-400 is the only form that can be paid for by credit card using the G-1450, Authorization for Credit Card Transaction.
You may use Visa, MasterCard, American Express and Discover. You may also use gift cards with Visa, MasterCard, American Express and Discover logos.
If you choose to pay with a credit or gift card, you must pay the entire fee using a single card. Please ensure the credit card or gift card has enough money to cover the fee. We will reject your application if the card is declined.
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On August 31st, USCIS announced the launch of a Spanish language myE-Verify along with the addition of Case Tracker and Case History services to the English and Spanish my E-Verify websites. myE-Verify is a one-stop shop for employees and job seekers to access features for identity protection in E-Verify and visibility into the E-Verify process.
myE-Verify gives U.S. workers and jobseekers a free and secure way to participate in the E-Verify process by accessing features dedicated to employees, including Self Lock, Self Check, Case History, Case Tracker and the Employee Rights Toolkit.
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USCIS ANNOUNCES THE SUSPENSION OF FINAL ADJUDICATION OF EMPLOYMENT-BASED APPLICATIONS FOR REMAINDER OF FY 2015.
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USCIS recently announced the suspension of final adjudication of employment-based Form I-485 applications starting from September 24th, 2015. The reason for the suspension is due to the statutory cap being reached for the employment-based preference categories for fiscal year 2015.
USCIS continues to accept adjustment of status applications that are filed when the foreign national's priority date is earlier than the cut-off date published in the September Visa Bulletin for his or her preference category and country of birth/chargeability. USCIS will resume final adjudication of employment-based adjustment applications beginning October 1st, 2015, when visa numbers are again available.
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DOS UPDATE: REVISING THE REVISED VISA BULLETIN - A REVISED VISA BULLETIN FOR OCTOBER 2015 RELEASED.
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The bulletin supersedes the bulletin for October 2015 that was originally published on September 9th, 2015, and contained Dates for Filing Applications long used by the Department of State for internal processing purposes. Following consultations with the Department of Homeland Security (DHS), the Dates for Filing Applications for some categories in the Family-Sponsored and Employment-Based preferences have been adjusted to better reflect a time frame justifying immediate action in the application process. The Dates for Filing Applications sections on pages 4 and 6 which have been adjusted have been identified in Bold type, and highlighted.
Please be advised that DHS will rely on this revised bulletin, rather than the bulletin published on September 9th, 2015, when considering whether an individual is eligible to file an application for adjustment of status.
Please note that the following "Dates for Filing" have changes:
| Category |
(9/9/15)
Filing Date
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NEW (9/25/15)
Filing Date
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Difference |
| EB-2 China |
5/1/2014 |
1/1/2013 |
1 year,
5 months
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| EB-2 India |
7/1/2011 |
7/1/2009 |
2 years |
| EB-3 Philippines |
1/1/2015 |
1/1/2010 |
5 years |
| FB-1 Mexico |
7/1/1995 |
4/1/1995 |
3 months |
| FB-3 Mexico |
10/1/1996 |
5/1/1995 |
1 year,
5 months |
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IF YOU ARE NOT IN IT . . . YOU CANNOT WIN IT: DOS PUBLISHES THE DIVERSITY VISA PROGRAM ENTRY INSTRUCTIONS FOR 2017.
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Recently DOS released information on the 2017 Diversity Immigrant Visa Program (DV-2017), including instructions about submitting an electronic entry, FAQs, and a list of countries/areas by region whose natives are eligible. Online registration for the DV-2017 Program begins on Thursday, October 1st, 2015 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4), and concludes on Tuesday, November 3rd, 2015 at 12:00 noon, Eastern Standard Time (EST) (GMT-4).
The Diversity Lottery provides immigration visas/green cards to individuals who are under-represented in the overall mix of immigrants coming to the United States. Each year several million people apply for a visa under this program. Only the winners in the lottery are notified.
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SE HABLA ESPANOL - OUR STAFF SPEAKS SPANISH AND MANY OTHER LANGUAGES.
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El Servicio de Ciudadanía e Inmigración de los Estados Unidos (USCIS), en coordinación con el Departamento de Estado (DOS), ha revisado los procedimientos para determinar la disponibilidad de visas para los solicitantes que se encuentran en espera para solicitar el ajuste de estatus basado en empleo o familia. El proceso revisado se alineará mejor con los procedimientos que el DOS utiliza para los extranjeros que buscan convertirse en residentes permanentes de los Estados Unidos mediante la solicitud de visas de inmigrante en los consulados y embajadas de Estados Unidos en el extranjero.
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"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
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US IMMIGRATION AND NATIONALITY LAW UPDATES: NPZ VISA UPDATES, CROSS CHARGEABILITY - VISA BULLETIN UPDATES, IS YOUR GREEN CARD PRIORITY DATE CURRENT? IF SO PLEASE LET US KNOW.
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Priority dates:
* A lot of movement for most preference categories in the family preference category.
* Employment based 1st preference is current.
* Employment 2nd preference is current for all other countries except India, China and Philippines.
* Employment 3rd preference is almost current for all other countries except India, China, and Philippines.
* Employment 4th preference is current for everyone.
* Employment 5th preference is current for everyone.
Cross Chargeability:
* Individuals who are in a category that is either progressing slowly or has retrogressed should consider cross chargeability. This is done if a spouse is from another country that is progressing normally or is current.
Filing Immigrant Visa Petitions or not:
* If cross chargeability is not available and person is considering filing a petition or not filing, it is encouraged to file a petition. Priority dates are always subject to change and once in the system, if there is positive movement, a person can take advantage of changes which include CIR.
* Disadvantage of filing is that no casual travel can be done due to the issue of 214(b). The issue of intent has been made once an immigrant visa is filed, therefore applications for non-immigrant visa applications may be difficult to obtain. Alternate option would be to file non-immigrant visa applications such as visitor or student visas before filing an I-130 petition. This would allow for travel back and forth while petition is pending.
ID's being issued to Illegal Immigrants:
* Certain states are issuing driver license's and Id cards.
* Obama administration has stated that preferences should be made towards prosecution of illegal immigrants through prosecutorial discretion. Those with serious crimes should be on the top priority including terrorists, and those will only immigration infractions should be on the bottom of the list.
* Talks of immigration reform and addressing illegal immigration, as well as reforming legal immigration programs. Suggestions should have a balance of addressing both.
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IMMIGRATION ENFORCEMENT POLICIES, STOP SANCTUARY CITIES ACT, DENATURALIZATION, U.S. IMMIGRATION LAW UPDATES.
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Immigration Enforcement Policies:
* Options available to attorneys for individuals that have been picked up by ICE.
* Utilizing Memorandum to release immigrant from Ice custody.
* ICE may utilize discretion to follow Memorandum based on the circumstances of each individual case.
* Small adjustments being made with immigration policies to benefit illegal immigrants such as DACA, Provisional Waivers, and other administrative changes in processing various applications.
Stop Sanctuary Cities Act (Bill in congress):
* Certain number of cities with issues between federal law enforcement and state law enforcement.
* Federal government wants cities to assist enforce federal immigration laws.
* Sanctuary cities are cities that are coordinating with communities to root out the evil doers with the cooperation of illegal immigrants. Therefore enforcement is a lower priority.
* 287(g) program: a push to make cities enforce Federal immigration guidelines. Cities signed the agreement, but enforcement was not plausible.
Priorities Memorandum:
* Terrorists are priority number 1.
* Individuals with serious crimes are priority number 2.
* Individuals with non-serious crimes are priority number 3.
* Focus should be on the serious law violators, and proceed accordingly.
* The law states that immigration violators should be deported, however, the Priority Memorandum states that despite all immigration violators be deported, the deportations should be prioritized in accordance with the available resources.
* Utilization of Policy Memorandum to obtain relief for various individuals who are being targeted by ICE.
Denaturalization based on findings of fraud:
* Denaturalization generally does not happen unless the fraud that was committed concealed information related to national security such as being a member of a terrorist organization, or being a member of the Nazi party.
* The government may not approve the petition of a family member if the government realizes that the petitioner committed fraud in order to obtain citizenship.
* Individuals who apply for citizenship and are found to have committed fraud to obtain their green card, may have their citizenship denied, and if the fraud was serious in nature, the individual may be subject to removal proceedings and deportation.
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