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

UPCOMING
NPZ EVENTS:

The New Face of Immigration Law Enforcement: What Employers Need to Know about the New I-9 Form & Other Audits and Investigations.

When: Monday, October 16th, 2017

Time: 1:00 PM to 2:30 PM

Where: 
1 Convention Boulevard, Atlantic City, New Jersey 08401 

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What HR Professionals Need To Know About Form I-9 in a Trump Era.

When: Monday, October 16th, 2017

Time: 3:15 PM to 4:15 PM

Where: 
1 Convention Boulevard, Atlantic City, New Jersey 08401

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
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:: 201-670-0006 (X100)


OUR OFFICES*:

NORTHERN NEW JERSEY OFFICE:

VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006 (x107)

Please feel free to ask about our presence in Boston, MA. and in Chicago, IL.

* Please note that our immigration law practice is national and international in scope. We assist our clients throughout the U.S. and throughout the world.

OUR NEW - CENTRAL NEW JERSEY OFFICE:
 
1348 U.S. 202
Neshanic Station
NJ 08853
Phone: 1-866-599-3625

NEW YORK CITY 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
   
INDIA AFFILIATED OFFICES:

Kaival Chalishazar, Adv.
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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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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Shekhar Raj Sharma 

SRS Legal 
A1/134, Safdurjung Enclave,
Lower Ground Floor
New Delhi-29, India 
  
(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)
Dear Readers:

The U.S. immigration law arena is buzzing with changes that are keeping the NPZ Law Group staff members hopping. Our immigration lawyers and immigration specialist staff continue to benefit from intensive internal training programs to help the members of our Firm stay on the "cutting edge" in the US immigration law field so we can bring our clients (and their friends and families) the very latest news and developments in the field. 

Last week President Trump issued a "Presidential Proclamation" concerning new parameters on a new "travel ban" from 8 countries that are non-compliant with US security and anti-terrorism guidelines. This Proclamation comes on the heels of a "mootness" argument being set-up as a strong defense to the Second Executive Order issuing a Travel Ban against numerous countries in the Spring. Stay tuned as the Supreme Court begins its Fall session and is expected to have several burning immigration law issues on its plate. 

We are pleased to report that our HR clients are "breathing a sigh of relief" as they are seeing the infamous "Specialty Occupation and Level I H-1B RFEs" receiving approvals from the USCIS. Our office (and our colleagues) are reporting that many of the RFE responses are receiving approvals where the Level I wage was a "bona fide determination" given the education and experience level of the candidates seeking H-1B nonimmigrant work visa status.

Finally, as we head toward the first week of October, we remind DACA applicants who are able, to apply for extensions. With DACA on the chopping-block, we are receiving numerous inquiries from HR Professionals and DAC-iAns alike. 

Immigration attorneys at the NPZ Law Group will be taking part in an academic symposium at an Academic Institution in New York State this week to discuss the theoretical and practical aspects of eliminating the DACA program. Please feel free to attend. 

If you, your friends or your family or any member of your Human Resources Staff may be able to benefit from speaking to a US or a Canadian Immigration Lawyer, we welcome the opportunity to be of assistance. The immigration lawyers at the Nachman Phulwani Zimovcak (NPZ) Law group can be reached by email at info@visaserve.com or by calling us at 201-670-0006 (x107).  
FACT OR FICTION: USCIS TO RESUME PREMIUM PROCESSING FOR ALL H-1B PETITIONS BY OCTOBER 3RD. 
It was recently announced that USCIS Service Center Operations indicated that it is on track to resume premium processing for all H-1B petitions on or before October 3rd, 2017. 

On September 18th, 2017, USCIS issued a press release stating that it resumed premium processing for all H-1B visa petitions subject to the Fiscal Year year (FY) 2018 cap. 
 
The FY 2018 cap has been set at 65,000 visas. Premium processing has also resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master's degree or higher educational degree. In that press release USCIS also stated that premium processing remains temporarily suspended for all other H-1B petitions, such as extensions of stay. USCIS plans to resume premium processing for all other remaining H 1B petitions not subject to the FY 2018 cap, as agency workloads permit.
 
TRUMP'S LATEST EXPANDED TRAVEL BAN INCLUDES NORTH KOREA AND VENEZUELA.
The Trump Administration issues new restrictions on travel to the United States. The rules now affect 8 countries.
 
 
The highlights of the new proclamation:
 
  • Includes a total ban on travel to the US by Syrian and North Korean nationals; and
  • Bans all travel to the US by Iranian nationals, except those with certain student or exchange visas; and
  • Bans all immigrant and most non-immigrant travel for Libyan, Yemeni, and Chadian nationals; and
  • The order also bans all travel for certain government officials and their family members from Venezuela; and
  • Bans all immigrant travel for Somali nationals and includes enhanced vetting for nonimmigrant travel; and
  • Provides more detail on case-by-case exceptions for affected travelers.
The ban goes into effect immediately for persons who were already banned by the second Executive Order and lack a bona fide relationship with a U.S. entity and goes into effect  on October 18th for everyone else. Importantly, as of  October 18th , even individuals with "bona fide relationships" to people or entities in the U.S. will not be excepted from the ban because of those relationships.
 
GAMECHANGER: DOS REVISES "30/60 DAY RULE" POLICY WITH "90 DAY RULE" ON MISREPRESENTATION AND FRAUDULENT (PRECONCEIVED) INTENT. 
On September 1st, 2017, the Department of State (DOS) updated the Foreign Affairs Manual (FAM) with new guidance on the term "misrepresentation" for purposes of determining inadmissibility under INA §212(a)(6), which provides: "Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act, is inadmissible".
 
Specifically, 9 FAM 302.9-4(B)(3)(g) and (h) are substantially revised and the "30/60 Day Rule" has been eliminated, and new sections regarding status violations or "inconsistent conduct" within 90 days of entry, and after 90 days of entry have been added. The changes articulated in the FAM can have potentially significant consequences for individuals who apply for adjustment of status or change of status after entering the United States on a nonimmigrant visas or on a temporary basis.
 
DACA UPDATE: OUR IMMIGRATION LAWYERS DISCUSS THE FATE OF THE DREAMERS. 
 
What will happen to the Dreamers?
 
The DACA program has been much discussed in the news in recent months. Attorney General Jeff Sessions announced recently that the administration is rescinding the DACA program with a six-month delay.  It is believed that about 750,000 people could be affected by the decision.   
 
With so much talk swirling around the DACA and Dreamers, many immigrants are concerned about what the end of the DACA program could mean.  Our U.S. naturalization and citizenship lawyers explore the fate of the Dreamers below.
 
PRESIDENTIAL PROCLAMATION: TRUMP'S NEW IMMIGRATION PLAN COULD CUT LEGAL IMMIGRATION TO THE U.S. IN HALF.
 
How might Trump's immigration plan impact my family's ability to come to the U.S.?
 
President Trump recently announced an immigration proposal which could have a significant impact on the future of immigration in America. The bill would create a merit based immigration system, granting green cards to those applicants based on education, skill, and language ability, rather than familial relations with those already in the United States. If the plan passes, it will represent the most far reaching changes to legal immigration in decades. Our immigration lawyers at NPZ Law Group discuss the potential changes coming to immigration and how it might affect your plans to move to the U.S. 
 
Merit-Based  Immigration vs. Family-Based Immigration
 
President Trump has taken a radical approach on immigration since he took office. Trump has already limited the entrance of refugees from certain countries and ramped-up immigration arrests. Now, Trump has taken the position that the United States needs to stop taking in so many low skilled immigrants. Instead, President Trump wants the U.S. to welcome immigrants that will have a positive impact on America's work force.
 
USCIS: DEADLINE TO SUBMIT DACA RENEWAL REQUESTS APPROACHING ON OCTOBER 5TH.  
U.S. Citizenship and Immigration Services (USCIS) is reminding eligible Deferred Action for Childhood Arrivals (DACA) recipients that they have one week to properly file their DACA renewal requests and associated applications for employment authorization. As previously announced, for recipients whose DACA and work authorization expire between September 5th, 2017, and March 5th, 2018, inclusive, USCIS will continue to accept renewal requests through October 5th, 2017. These requests must be properly filed and physically received by the agency at the proper filing location no later than October 5th. The mailing address and instructions can be found here: https://www.uscis.gov/i-821d-addresses. Renewal requests that are granted will be valid for two years, unless otherwise terminated or revoked.
 
Individuals with DACA and associated work authorization that expire after March 5th, 2018, are no longer eligible to submit a renewal request. However, their current DACA and work authorization will remain valid until they expire, unless otherwise terminated or revoked.
 
DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR OCTOBER 2017 - IF YOUR "PRIORITY DATE" IS CURRENT PLEASE LET US KNOW?  
The October 2017 Visa Bulletin contains predictions for final action date movement in the various categories for the upcoming fiscal year. These predictions are what DOS anticipates through January. Updated predictions will be published at that time.  
 
The Application Filing Dates which are included in the Bulletin represent how far DOS expects the final action dates in each category to advance by the end of the fiscal year. 
 


NPZ ASSISTS THE GREATER BRAZILIAN AND PORTUGESE COMMUNITY - OUR STAFF SPEAKS PORTUGUESE AND MANY OTHER LANGUAGES.

Em 5 de setembro de 2017, o Departamento de Segurança Interna (DHS) dos Estados Unidos ordenou o início do cancelamento do programa Ação Diferida para a Chegada de Crianças (DACA, na sigla em inglês). Durante o período de seis meses, o DHS vai considerar certos pedidos para o DACA e aplicações para autorizações de trabalho sob parâmetros específicos. 
 
Trump amplia veto migratório que agora inclui Coreia do Norte e Venezuela.
O governo Trump divulgou nesta semana, em 25 de setembro, novas restrições para viagens aos Estados Unidos. As regras agora afetam oito países.

Os destaques do novo anúncio: 
 

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 . . .

 
FALL SEASON IMMIGRATION UPDATE UNDER THE TRUMP ADMINISTRATION. 
 
 
 
President Donald Trump announced his support Wednesday for legislation that would cut in half the number of legal immigrants allowed into the United States while moving to a "merit-based" system of entry.

"That is why we are here today: Merit-based," said Trump, who was joined in the White House Roosevelt Room by the bill's Senate sponsors, Tom Cotton, R-Ark., and David Perdue, R-Ga.
The RAISE Act, which Cotton and Perdue introduced in February, would scrap the current lottery system to get into the U.S. and instead institute a points-based system for earning a green card.

Factors that would be taken into account include English language skills, education, high-paying job offers and age. The number of legal immigrants would be reduced by 50 percent over 10 years.