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:
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FOR YOUR U.S. AND CANADA IMMIGRATION LAW QUERIES PLEASE FEEL FREE TO GIVE US A CALL.

:: 201-670-0006 
(ext. 100)


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UPCOMING 
EVENT:  
 
FAMILY BASED IMMIGRATION VISAS / IMMIGRATION LAW PRACTICE IN 2020 & BEYOND
 
Date: 
January 15th, 2020

Time: 
9:00 am to 12:30 pm 

Location: 
NJ Law Center  in NEW BRUNSWICK, NJ 

HEAR ABOUT YOUR IMMIGRATION LAW ISSUE:

NPZ LAW GROUP - US and CANADA Immigration and Nationality Law Podcast Library is available to you
on . . .
 
 
 
 
 
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U.S. News & World Report names Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. as one of New Jersey's Best Law Firms! 

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PRESS RELEASE: DAVID H. NACHMAN, ESQ.  CONTINUES
 TO SERVE
 AS CHAIR OF THE NJSBA INTERNATIONAL LAW COMMITTEE.


 
The New Jersey State Bar Association (NJSBA)
  re-appointed David Nachman, Esq., one of the Managing Attorneys of the International
 Immigration
 and Nationality Law Firm of Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - VISASERVE - as Chair of the International Law Section. 

 
KNOW YOUR RIGHTS!
 

If you are stopped by an Immigration Official or Police Officer; you can choose to ... 
 

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AT NPZ ... WE SPEAK YOUR LANGUAGE:
 
 
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NPZ'S OFFICES*:

NPZ'S 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.

NPZ'S CENTRAL NEW JERSEY OFFICE:
 
907 U.S. Highway
#202 North,
Raritan, NJ   
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:

201 North Illinois Street
16th Floor, South Tower
Indianapolis, IN 46204
Phone: 317-936-6600
 
CANADA AFFILIATED OFFICE:

VISASERVE - Canada
2980 Drew Road
Suite 225
Mississauga, 
ON L4T 0A7
Phone: 905-499-3853

INDIA AFFILIATED OFFICES:

Gujarat Office in India
 
If you are looking for
 a local contact in 
Gujarat (India), please 
call us or send us an 
email at 
and we will point you in the appropriate direction. We have numerous individuals and organizations with 
whom we have relationships in Gujarat and the organizations/persons with whom we work depend upon your demographics in 
Gujarat (India) and the type of case you may 
be calling about. 
 
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Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. (Mailing Address only - Offices
in Mumbai) . 
 
c/o Mr. Shishir Goyal, Authorized Agent 
  201 Nepean House 
85 Nepean Sea Road
Mumbai 400006, India 

Call us at 
201-670-0006 (x100) 
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:

Welcome to the last Nachman Phulwani Zimovcak (NPZ) Law Group E-zine of the year. We want to wish all of our readers (their friends, families, etc.) a safe, happy and healthy 2020 new year celebration. 2019 has been nothing less than a "tempest" in the US and Canadian Immigration Law arenas. 2019 began with a fight over a border wall that resulted in the longest government shutdown in history. After an onslaught of restrictive policies, the year ended with the lowest level of refugee admissions and a very low level of asylum approvals. We also ended the year with reports about the highest number of RFEs for all US immigration law cases.

In addition, we leave 2019 facing the highest fee increases that the USCIS has ever made (adjusting for inflation?). The irony is that the fee increases come "shoulder to shoulder" with the longest processing times and highest backlog levels encountered over the past 10 years. Also, our ability to communicate with DOL, USCIS, DHS and DOS Administrators has been reduced significantly.

The Trump Administration clearly intends to create barriers to halt immigration and to build a border wall ... whether real or invisible. US "immigration issues" are likely to take "center stage" during the upcoming elections. Clearly, the Trump Administration does not seem to understand that US immigration brings important value to our Nation in a variety of ways.

We continue to remind our readers that NPZ Law Group are immigration and nationality lawyers. Our Lawyers and immigration specialty staff are dedicated to providing high-quality and reasonable cost US and Canadian immigration law services to individuals and organizations throughout the Nation and the World.

We encourage you to visit our website at  http://wwww.visaserve.com or to call us at 201-670-0006 (x107) if you would like us to assist you, your family, your friends, your colleagues, etc. with regard to any US and/or Canadian immigration law matters. Wishing you a safe happy and healthy New Year.
THE NEW FACE OF THE H-1B PETITION PROCESS - THE H-1B SEASON IS ALMOST UPON US.
The U.S. Department of Homeland Security on November 8th, 2019 published a final rule to establish an electronic registration program for H-1B petitions for FY 2020. This new H-1B registration will require a $10.00 registration fee for the cases that will have to be filed by the April 1st, 2020 cap season deadline.

In the interest of expediency, we understand that one of the main goals of the new regulation is to conduct the H-1B lottery before accepting petitions so that prospective H-1B employers know (in advance) if the case will be selected in the lottery before submitting a full and complete H-1B filing to the USCIS. 
 
ABC's OF H-1Bs (THIS IS PART 1 OF AN 8 PART SERIES) - H-1B FILING SEASON (FOR THE 2020 DEADLINE ON APRIL 1st) GETS INTO FULL-SWING FOR H-1B EMPLOYERS AND PROSPECTIVE H-1B EMPLOYEES. 
U.S. Citizenship and Immigration Services on December 6th, 2019, announced a requirement for employers seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, to first electronically register and pay the associated $10.00  H-1B registration fee   before filing a petition for the fiscal year 2021  H-1B cap . USCIS will open an initial registration period from March 1 through March 20th, 2020.
  
During this initial registration period, prospective petitioners or their authorized representatives must electronically submit a separate registration naming each alien for whom they seek to file an H-1B cap-subject petition. 
Employers who seek to hire an  H-1B nonimmigrant   in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a  Labor Condition Application (LCA) . The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed. Additionally, the employer must attest that it is offering, and will continue to offer, during the period of H-1B employment, the greater of: (1) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment position in question; OR (2) the prevailing wage level for the occupational classification in the intended area of employment. 
 
USCIS EXPANDS GUIDANCE ABOUT WHAT CONSTITUTES GOOD MORAL CHARACTER FOR NATURALIZATION FOR THE USCIS POLICY MANUAL.
U.S. Citizenship and Immigration Services expanded its policy guidance regarding unlawful acts that may prevent an applicant from meeting the good moral character (GMC) requirement for naturalization. The commission of, or conviction or imprisonment for, an unlawful act, during the statutory period for naturalization, may render an applicant ineligible for naturalization should the act be found to adversely reflect on moral character.

GRAPHIC OF THE ESTIMATED TIMELINE(S) FOR THE NEW H-1B SELECTION/FILING PROCESS FOR FY 2020-2021.
 
 
GENERAL IMMIGRATION: WHAT ARE THE MOST COMMON REASONS WHY VISAS ARE DECLINED?
he visa process and the waiting can be stressful. Receiving a denial on your visa application can be devastating. The disappointment and frustration of going through the process only to be denied is likely significant and can make it difficult to figure out what to do next. Before exploring your options for how to proceed with trying to enter the U.S. lawfully, take a look at why your visa application may have been denied. It will likely help you decide what next steps to take. 
 
DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR JANUARY 2020 - IF YOUR "PRIORITY DATE" IS CURRENT PLEASE LET US KNOW?  
Employment-Based, First Preference (EB-1) Category
 
The EB-1 cutoff date for China moved slightly forward to May 22, 2017. For India, the final action date remains at January 1, 2015. The EB-1 category for all other countries of charge ability advances to October 1, 2018.

Employment-Based, Second Preference (EB-2) Category
 
The EB-2 category remains current for all countries of chargeability except India and China. EB-2 China moves ahead by one week to July 01, 2015.  EB-2 India inches forward to May 18, 2009.

Employment-Based, Third Preference (EB-3) Category
 
EB-3 China moves forward by one month to December 1, 2015. EB-3 India continues to stall at a cutoff date of January 1, 2009. EB3 Philippines advances to March 15, 2018. All other cutoff dates are current in the EB-3 category.

EB-3 Other Workers
 
With the exception of China, the cutoff dates for EB-3 other workers are the same for each country as its respective EB-3 cutoff dates. For China, the cutoff date for EB-3 other workers progresses to April 1, 2008.

Employment-Based, Fourth Preference (EB-4) Category
 
Not including certain religious workers, the EB-4 category sees little change. The cutoff date for El Salvador, Guatemala, and Honduras stagnates at July 1, 2016, while Mexico's FA date moves forward to August 8, 2017. This category remains current for all other countries of chargeability.

Employment-Based, Fifth Preference (EB-5) Category
 
Not including regional center filings, the EB-5 category remains current for all countries of chargeability except China, India, and Vietnam. For China, the cutoff date moves to November 22, 2014. EB-5 India moves ahead by five months to May 1, 2018. For Vietnam, the EB-5 cutoff date moves to December 8, 2016.
 
 
CANADIAN IMMIGRATION LAW NEWS .

EXPANSION OF STUDENT DIRECT STREAM TO SUPPORT FRANCOPHONE IMMIGRATION.
Canada is making the Student Direct Stream (SDS) available to international students coming from Senegal and Morocco, starting September 9th, 2019.

The SDS process was launched in 2018 for students applying for study permit from China, India and the Philippines and Vietnam, with an average processing time of less than three weeks. Canada is a top destination for students seeking both a high quality international education and employment in the field of study once they graduate. With Canadian education credentials and skilled work experience in Canada, former international students are well positioned for success in applying for permanent residence through Express Entry
 
VISITING CANADA? LEAVE YOUR FIREARMS AT HOME
.  
The Canadian Border Services Agency (CBSA) is launching a firearms awareness campaign reminding visitors to Canada about Canadian firearm laws. Canadian laws are different than those in the United States. U.S. citizens bringing firearms into Canada or taking firearms through Canada to Alaska or transiting through Canada to reach another U.S. destination, must declare any firearm to CBSA. Additionally, you must have all necessary permits of your firearm and ensure it is stored and transported appropriately.

MOVING FROM CANADA TO THE U.S. TO WORK
.  
Each year, thousands of Canadians move to the U.S. to pursue employment opportunities. You may not be able to move to the U.S. and then find employment, but there are avenues for you to move as part of a transfer for a current employer or you may have secured a new employment opportunity. Prior to coming to the U.S. to work, you must obtain the requisite immigration employment authorization.
 

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 . . .

 
H-1B EXTENSIONS / TRANSFERS AND ACADEMIC PROFESSIONAL AND SPECIALTY OCCUPATION WORK VISAS ARE EXEMPT FROM THE CAP.


H-1B cap exempt category was created by the US government to ensure adequate supply of skilled labor available to US establishments in certain important sectors. Sponsorships are around the year and regardless of the H-1B cap subject quota situation. There are H-1B Cap-Exempt employers that hire professionals on H-1B visa throughout the year regardless of the H-1B quota situation. Cap exempt employers are those establishments which are not subjected to the annual H-1B visa numerical limitation as set by the US Government. Following classes of employers fall under the Cap-Exempt category. 1. A not for profit institution of higher education 2. profit entity related or affiliated to an institution of higher education 3. A not for profit research organization or a governmental research organization 4. A "Not for profit institution of higher education:" Most common form of institutions of high education is a college or university. Incidentally most of the colleges and universities in the US are non-profit entities. 5. A "Not for profit entity related or affiliated to an institution of higher education:" Most common forms of such H-1B sponsors are research labs, medical hospitals, etc., that are affiliated to colleges and universities. Other types employers in this class include those with shared ownership or control by the same board or federation operated by an institution of higher education, or attached to an institution of higher education as a member, branch, cooperative, or subsidiary. 6. A "Not for profit research organization or a governmental research organization:" It must meet both the criteria that the establishment must be "not for profit" as well as a "research" entity.
WISHING ALL OUR READERS THE VERY BEST FOR A SAFE AND HAPPY AND PROSPEROUS NEW YEAR.  WELCOME TO 2020 - HAPPY NEW YEAR!!!