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UPCOMING EVENTS
Webinar - Family Based Immigration.
Location:
Online
Time:
12:00 PM - 2:00 PM ET
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US Immigration Law Basics - A Primer for House Counsel, HR Managers and Newer 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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:: 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
WE ALSO HAVE A PHYSICAL PRESENCE IN CHICAGO AND BOSTON.
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:
We watch with great interest as Super-Tuesday approaches and we see a bumpy road to the White House for all presidential-hopefuls. Clearly, U.S. immigration and nationality law continues to stands in the forefront of issues of interest to the candidates. Democratic nominee hopefuls work to strategically court Asian and Hispanic votes while the GOP hopefuls continue to find ways to avoid "alien alienation". If elected, Hillary has promised to eliminate the 3/10 year bar in her first hundred days in office. Of course, temper this promise with the fact that had Former President Clinton not relinquished immigration laws to the GOP in 1996 (to get a second term in office), the 3/10 year bars would not even be part of the law. Perhaps it is not (as Donald Trump says) that politicians are "liars". Perhaps politicians just act in their own self-interest. A reminder of this is the "Bono Amendment" which provides employers with the ability to cure certain deficiencies on I-9 Forms in 10 days. We wonder if this Amendment would even be in the law if Sonny Bono did not own a string of Mexican Restaurants in the mid-90s. The point here is . . . beware of the strong "self-interest" of politicians.
The past several weeks have been quite busy for the immigration and nationality lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group. We have been preparing H-1B nonimmigrant visa petitions for new and returning clients. However, worksite investigations by ICE, FDNS and DOL continue to be a hot topic. Worksite enforcement actions (including H-1B site visits, H-1B DOL PWD W&H investigations, I-9 Form Audits and Investigations, Administrative Processing Holds under 221G, etc.) continue to raise a variety of queries and the VISASERVE staff continues to provide corporate and business clients (and their HR Professionals) with related immigration compliance services. It appears clearly to be the case that the Obama Administration continues to approach U.S. immigration with a measured approach - enforcement at worksites, strengthen the borders and increase removals. These efforts can be described as nothing less then the "calm before the storm" as the Supreme Court ponders the future of the DAPA and expanded DACA programs.
We remind our readers that we are U.S. and Canadian immigration and nationality lawyers. We have offices in NY, NJ and in IN. We also have a physical presence in Boston and in Chicago where we can meet with our clients, colleagues and friends. We also have affiliated offices in Canada, and in Mumbai and Gujarat in India. We continue to provide a full-spectrum of U.S. and Canadian immigration law services for clients throughout the world. If you would like to speak to us about any immigration law issue for you, your colleagues, your friends or family members, please feel free to contact us by e-mail at info@visaserve.com or you can also feel free to contact our Client Services Manager anytime at 201-670-0006 (x104).
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There seem to be so many people out these that prepare immigration visas and work permits and visa applications. But how do you know that they are good? Since this is a very personal process don't you want to be sure that you hire the very best? How do you know if you are hiring the very best immigration lawyer to assist you, your family or your employer with a process that is so incredibly personal?
There are so many people that purport to do immigration work on the internet. Some advertise some very cheap prices. Should you shop a process like this based upon price? When you have a particular ailment do you seek the cheapest doctor you can find or do you look for the very best doctor that you can find who is capable of providing you (and your family) with the very best information, the very best service (communications) and the very best ability to respond to your medical concerns. Picking an immigration attorney to assist you should be no different.
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CAN SUBMITTING MULTIPLE H-1B PETITIONS FOR A FOREIGN NATIONAL WILL INCREASE CHANCES OF SELECTION DURING THE LOOMING H-1B LOTTERY ON APRIL 1ST 2016?
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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 (FY) 2016 - 2017 on Friday, April 1st, 2016. As the filing date rapidly approaches, prospective H-1B employers should start to identify current and future employees who will require sponsorship for new H-1B petitions. Also, H-1B employers will want to start considering a back-up plan for those H-1B candidates that do not "win the lottery".
As a result of the lottery process, many prospective H-1B employers and foreign national applicants are reaching out to our Law Office's immigration attorneys with a variety of question about the H-1B nonimmigrant visa and the process for filing these visas. One question that we are frequently asked is: "Can an employer submit multiple H-1B cap-subject petitions during one Fiscal Year? This strategy is sometimes referred to in the parlance as "multiple or duplicative H-1B visa filings". According to the USCIS guidelines, an employer may not file more than one H-1B petition for each prospective employee during the fiscal year.
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NEW AOS GUIDANCE FROM THE USCIS: USCIS ISSUES GUIDANCE ON ADJUSTMENT OF STATUS (AOS) POLICIES AND PROCEDURES.
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Effective February 25th, 2016, new guidance set forth in the USCIS Policy Manual provides information about the general policies and procedures for adjustment of status to lawful permanent residence as well as adjustment under section 245(a) of the Immigration and Nationality Act (INA).
The new guidance has a Part A focusing on Adjustment of Status Policies and Procedures and Part B focusing on 245(a) Adjustment. The new helpful guidance references helpful information about when the Adjustment of Status (AOS) case filed with one matter can be linked or coupled or transferred to that of another case.
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MORE TIMELY H-1B GUIDANCE: WHAT H-1B EMPLOYERS NEED TO KNOW ABOUT THE LCA TO AVOID POTENTIAL DOL COMPLIANCE PITFALLS.
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The H-1B visa program permits a United States employer ("employer") to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act ("INA" or "Act") requires that an employer pay an H-1B worker the higher of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor ("DOL") before the alien may obtain an H-1B visa. The Act defines a "specialty occupation" as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor's degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application ("LCA") from the DOL.
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DOL WEBINAR PRESENTATION ON H-2B CASE PROCESSING INTIATIVES TO REDUCE BACKLOG
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On February 19th, the OFLC announced two initiatives designed to help reduce the backlog of pending H-2B applications and provide information to help the stakeholder community better understand the current processing timeframes for H-2B applications at the Chicago Processing Center.
The presentation covers two topics: (1) Use of Emergency Procedures as a backlog reduction initiative; and (2) H-2B case processing times.
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ESTA CHANGES: CBP ANNOUNCES ADDITIONAL ENHANCEMENTS TO THE ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION.
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On February 23rd, 2016, U.S. Customs and Border Protection (CBP) announced additional enhancements to the Electronic System for Travel Authorization (ESTA), as part of the continued implementation of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act).
Last month, the U.S. began implementing changes under the Act. Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the U.S. under the Visa Waiver Program (VWP):
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Nationals of VWP countries who have been present in Iraq, Syria, or countries listed under specified designation lists (currently including Iran and Sudan) at any time on or after March 1st, 2011 (with limited government/military exceptions).
2. Nationals of VWP countries who are also nationals of Iraq, Syria, Iran, or Sudan.
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THE MARCH 2016 VISA BULLETIN: DOS REPORTS MARCH 2016 VISA NUMBERS - IS YOUR PRIORITY DATE CURRENT? IF SO, PLEASE LET US KNOW.
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The U.S. Department of State (DOS) March 2016 Visa Bulletin shows advancement in the employment-based third preference (EB-3) worldwide category. The final action (FA) cutoff date in the employment-based second preference category for India also advances, but at a slower pace than in recent months. The EB-1 and EB-4 categories remain current in the March 2016 Visa Bulletin. DOS predicts that EB-1 will remain current in upcoming months.
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.
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CHECKOUT NPZ LAW GROUP'S YOUTUBE VIDEO LIBRARY ABOUT U.S. IMMIGRATION LAW ISSUES: MULTIPLE H-1B VISA FILING - CAN MULTIPLE H-1B VISAS BE FILED BY A SINGLE PERSON?
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A single company cannot file multiple cap-subject petitions for the same individual. Similarly, related or affiliated companies cannot each file cap-subject petitions for the same beneficiary, unless there truly are two separate job opportunities that can be clearly documented. Companies choosing to file in this manner must be able to demonstrate that that each petitioning company has a genuine, distinct job opportunity available. Petitioners should understand that such cases tend to be closely scrutinized by the government, and the onus is on the companies to convince the USCIS that the multiple filings were not done in order to gain an advantage in the H1B cap selection process. If the government is not swayed by these arguments, the USCIS can deny or revoke all H-1B petitions the related companies filed for the foreign national.
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CANADA IMMIGRATION LAW VIDEOS ON YOUTUBE ABOUT CANADA IMMIGRATION LAW SERVICES OF VISASERVE: INADMISSIBITY TO CANADA AND OBTAINING A TRP - HOW DOES THE PROCESS WORK? VERONIQUE MALKA TELLS YOU.
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The Immigration and Refugee Protection Act ("IRPA") describes different grounds of inadmissibility, which include: (a) security grounds, (b) human or international rights violations, (c)criminality, (d) organized criminality, (e) health grounds, (f)financial reasons, (g) misrepresentations, (h) non-compliance with Canadian immigration laws, and (i) inadmissible family members. Each of these grounds of inadmissibility are described in greater detail below. Foreign nationals are subject to all of these grounds of inadmissibility; permanent residents are subject to some, but not all of these grounds of inadmissibility.
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IMMIGRATION LAWYERS FROM VISASERVE ON YOUTUBE HAVE A VIDEO DISCUSSING ADMINISTRATIVE PROCESSING - 221G - INFORMATION: IS YOUR CASE UNDER ADMINISTRATIVE PROCESSING AT THE U.S. CONSULATE ABROAD?
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It is often the case when an applicant for a visa is told that a final decision cannot be made on his visa application immediately. In doing so, the consular officer invokes Section 221(g) of the Immigration and Nationality Act
and informs the applicant that the case will be put on hold until the applicant's eligibility for the visa can be determined. This processing "time-out" is taken frequently: more than 900,000 visa applications were subjected to 221(g)
during 2014. Technically,
221(g)
is considered a denial; in subsequent visa applications and registration in the Electronic System for Travel Authorization, this must be disclosed. Nevertheless, the overwhelming majority of 221(g)
denials are overcome and visas issued. There are, in essence, two types of 221(g)
cases:
- Washington-related "administrative processing", in which a clearance or approval is required from an interested agency or agencies in Washington, D.C.
- Post-related, in which the consular officer requires additional time, information, or documentation before making a final visa decision.
Clearances from Washington are required when the applicant presents issues of security, criminality, legal questions, technology exports from the US, other admissibility problems, or is from a country of concern. The question of a security "hit" can arise in a variety of situations, such as potential terrorists, individuals who previously worked as military or other attachés in the US for an unfriendly country, even if that work took place decades before, or even individuals who spent time in certain countries (e.g., Iran). To resolve these issues, a Security Advisory Opinion is needed. Often the "hits" arise because the applicant has a common name: other individuals with the same name are blacklisted, causing cases of mistaken identity or prolonged delays. Suspected criminal activity or ties (e.g., Russian mafia) can also lead to prolonged processing to allow for an investigation. In addition, consular officers refer some legal issues, such as certain material misrepresentations made in a visa application, to Washington for a legal advisory opinion. The application will be held in abeyance until receiving guidance from the Visa Office Advisory Opinion section.
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