Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - U.S. and Canadian Immigration and Nationality Law Newsletter and Updates.
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FOR YOUR U.S. AND CANADIAN IMMIGRATION LAW QUERIES PLEASE FEEL FREE TO GIVE US A CALL.

:: 201-670-0006 
(ext. 100)


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UPCOMING
EVENT:

Webcast- Recent Developments in New Jersey Law: A 2020 Update.  

DATE:
July 29th, 2020

Time:

9:00 am to 3:00 PM

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .


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


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

 
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 

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Phone: 317-936-6600
 
CANADA AFFILIATED OFFICE:

VISASERVE - Canada
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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:
 
In case you have not experienced enough excitement in the US immigration and nationality world during the past two weeks ... continue to stay tuned. The past two weeks have been nothing less than a veritable "free fall". We just got word that a major lawsuit was filed against the Trump Administration's Travel Ban. Also, in late-breaking news, a Federal Court Judge ordered DACA benefits to be immediately provided.  
 
Last week SEVP announced that foreign students taking an all online academic program at Colleges and Universities in the Fall would be banned from entry and those in the US would have to go home. After that announcement, our telephones were literally "ringing off the hook". 
 
The NPZ immigration and nationality lawyers anticipated that litigation would ensue. And "ensue" it did. MIT and Harvard filed the initial lawsuits against the federal government and they were soon joined by Rutgers University and the California University system. This original group was later joined by 15 States. 
 
On Tuesday, July 14th, an announcement was made that the matter was settled and that the "status quo" was preserved. The Administration withdrew it's draconian policy. Unfortunately, it is not likely that this is the last that we have seen of draconian anti-immigrant measures and the persistent promulgation of xenophobia toward international students in the U.S. 
 
It is true that we are in "unprecedented times", but there is no excuse for discrimination, anti-immigrant sentiment, or xenophobia. As the November election draws near, it is likely that additional anti-immigration sentiment will flare. Immigrants continue to be an easy target because they do not vote. We have seen this in the past and it is one of the reasons why immigration continues to be the "political football" that it is.
 
We continue to closely monitor US and Canadian immigration law developments with great interest for our clients. We remind our readers that we are immigration and nationality lawyers in the United States and Canada and we are happy to assist you, your friends, your relatives, and your colleagues, with any US and or Canadian immigration law matters. We can be reached by email at info@visaserve.com or we can be reached by phone at 201-670-0006 (x104). Please feel free to contact us if we can be of any assistance to you during these "unprecedented times". 
A BIG AND BEAUTIFUL REVERSAL: TRUMP ADMINISTRATION RESCINDS RULES STATING THAT INTERNATIONAL STUDENTS CANNOT BE IN ACADEMIC PROGRAMS WHERE STUDYING IS ALL ONLINE (Source: CNN). 
The Trump Administration has agreed to rescind rules it issued last week governing whether international students can enroll at U.S. universities this Fall, settling a lawsuit filed by Harvard University and the Massachusetts Institute of Technology in Boston federal court (later joined by multiple other parties).
 
The decision comes a little over a week after Immigration and Customs Enforcement (ICE) announced that students at schools offering only online courses due to the coronavirus pandemic would need to either leave the US or transfer schools. 
 
USCIS MAY BE OUT OF BUSINESS BY THE END OF THE SUMMER? FINANCIAL WOES OF THE USCIS LIKELY TO RESULT IN MORE DELAYS.
Amidst the COVID-19 Pandemic, Travel Restrictions to the US and now a new virus from swine, the U.S. Citizenship and Immigration Services (USCIS) has notified Congress of a massive projected budget shortfall that is threatening the Agency's operations and the financial well-being of thousands of USCIS employees. USCIS, which is primarily funded by application fees, has requested a $1.2 billion-dollar bailout from Congress to keep the Agency afloat. 
 
CAMPAIGN RHETORIC OR REALITY? TRUMP SAYS THERE IS GOING TO BE "BIG" UPCOMING IMMIGRATION MEASURE AND IT WILL INCLUDE A FIX FOR DACA.
On July 10th, 2020, President Trump announced that he plans to unveil (sometime next month) an immigration measure that he said would include some protections for DACA - the Deferred Action for Childhood Arrivals program that provides for work permits and other protections for people brought to the U.S. as children by undocumented parents.
 
Trump had tried to cancel the Obama-era program, but the Supreme Court last month denied the Administration's ability to cancel the program for several reasons. 
 
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibility it announced on March 30th, 2020, to assist applicants and petitioners who are responding to certain:
  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
  • Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
  • Filing date requirements for Form I-290B, Notice of Appeal or Motion.
PERM GREEN CARD BASICS: WHAT ARE THE PERM ADVERTISING REQUIREMENTS FOR EMPLOYERS?
The PERM process can be difficult to navigate. The requirements are specific and many. For many, if not most, employment-based visas and green cards, the sponsoring employer is required to obtain PERM labor certification from the U.S. Department of Labor (DOL). A major part of the PERM process is the advertising requirements with which the employer must comply. The extensive advertising requirements are in place to help ensure that any qualified and available U.S. worker is first notified and given the chance to apply for the job prior to hiring a foreign worker for the position. 

USCIS POLICY ALERT: APPLYING DISCRETION IN USCIS ADJUDICATIONS.
On June 22nd, 2020, the President issued a Proclamation that addresses, among other things, the Department of Homeland Security's (DHS's) administration of employment authorization benefits. In addition to relying on statutory and regulatory provisions on employment authorization, USCIS reminds officers to refer to existing guidance, now consolidated in the USCIS Policy Manual, on the exercise of discretion in adjudications. 

For many immigration benefits (such as certain applications for lawful permanent residence and employment authorization documents), the benefit requestor has the burden of demonstrating eligibility for the benefit sought, including that a favorable exercise of "discretion" is warranted.

ARE WE FINALLY GETTING BACK TO THE NEW NORMAL? DOS ANNOUNCES A PHASED RESUMPTION OF ROUTINE VISA SERVICES. 
On July 14th, 2020, DOS announced that it will resume routine visa services on a post-by-post basis but is unable to provide a specific date for when each mission will resume specific visa services, or when each mission will return to processing at pre-COVID levels. DOS also provided an FAQ on resumption of services. 
 
PRESIDENTIAL PROCLAMATION SUSPENDING THE ENTRY OF CERTAIN NONIMMIGRANTS INTO THE UNITED STATES - WHAT YOU NEED TO KNOW. 
On June 22nd, 2020, President Trump issued Presidential Proclamation 10052, which suspended the entry of foreign nationals on certain employment-based nonimmigrant visas into the United States as of June 24th, 2020, at 12:01 am (ET).  This Proclamation also extended Presidential Proclamation 10014 issued on April 22nd, 2020, which suspended the entry of certain immigrants into the United States. The suspension of entry for certain immigrant and nonimmigrant visas will remain in effect until at least December 31st, 2020. 
 
DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR JULY 2020 - IF YOUR "PRIORITY DATE" IS CURRENT, PLEASE LET US KNOW?  YES ... WE KNOW ... MOVEMENT CONTINUES TO BE SLOW!  
Employment-Based, First Preference (EB-1) Category
 
The EB-1 category for India continues to advance. The cutoff date now is set at May 8, 2017. Meanwhile, EB-1 for China moves up to August 22, 2017. The category remains current for all other countries of chargeability.

Employment-Based, Second Preference (EB-2) Category
 
The EB-2 category remains current for all countries of chargeability except India and China. The EB-2 category for India moves up to July 8, 2009. EB-2 China advances to November 8, 2015.

Employment-Based, Third Preference (EB-3) Category
 
The cutoff date for EB-3 India moves forward to June 1, 2009. EB-3 China's cutoff date is set at June 22, 2016. All other cutoff dates for the EB-3 category retrogress to April 15, 2018.

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 July 22, 2008.

Employment-Based, Fourth Preference (EB-4) Category
 
The cutoff date for EB-4 Mexico moves forward to June 15, 2018. Meanwhile, the cutoff date for El Salvador, Guatemala, and Honduras moves to February 1, 2017. This category remains current for all other countries of chargeability.

Employment-Based, Fifth Preference (EB-5) Category

EB5 India is now current, leaving only China and Vietnam with a cutoff date in the EB5 category. For China, the cutoff date moves to July 22, 2015. For Vietnam, the EB5 cutoff date moves to May 15, 2017.

 
 
CANADIAN IMMIGRATION LAW NEWS .

NEWS FROM NORTH OF THE BORDER: CITIZENSHIP BY DESCENT NOW INCLUDES PARENTS CONSIDERED LEGAL AT BIRTH.
In recognition of diversity of Canadian families, the Minister for Immigration, Refugees and Citizenship announced a change in the interpretation of "parent" under the Citizenship Act. The new change allows non-biological Canadian parent who are their children's legal parent at birth to pass down Canadian citizenship to their children born abroad in the first generation. 
 
The Home Child Care Provider Pilot and the Home Support Worker Pilot are 5-year pilot programs that allow qualified caregivers and their family members come to Canada with the goal of becoming permanent residents.

If you have been offered a job in Canada as a caregiver or have experience working in Canada as a caregiver, you may be able to apply for permanent residence through one of these pilots. 
 

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 . . .

 
DAVID NACHMAN, ESQ. APPEARS AS A GUEST ON INSIGHT TONIGHT WITH ASHOK VYAS - PRESIDENT TRUMP - STRESS AND PROGRESS.

 
On July 14, 2020, U.S. Immigration and Customs Enforcement (ICE), a division of the Department of Homeland Security (DHS), rescinded its July 6, 2020 policy prohibiting F-1 and M-1 students from remaining in the U.S. to participate in online-only educational programs for the Fall 2020 semester. The reversal in policy came in response to  lawsuits  challenging  the restrictions, led by Harvard University and the Massachusetts Institute of Technology. In rescinding the restrictions, ICE has reverted to its March guidance issued in connection with the coronavirus pandemic, and has updated its associated  SEVP COVID-19 FAQs.  This guidance permits F-1 and M-1 students to remain in the U.S. while completing courses online.  
DEFERRED ACTION FOR CHILDHOOD ARRIVALS UPDATES: SUPREME COURT RULING SUPPORTING DACA - WHAT IT MEANS. 

On June 18th, 2020 the U.S. Supreme Court sided with DACA recipients ruling that the way in which the Trump administration rescinded the DACA program in 2017 was unlawful. The decision is a huge victory for immigrant communities and their allies who mobilized to protect the DACA program. Although the Court sided with DACA recipients, it is important to remember that the Trump administration can again try to end the program through an executive action. While only Congress can take action to create a permanent solution for DACA recipients through federal legislation, we must also continue demanding that state and local officials protect our communities from immigration enforcement. It is time for a permanent legislative solution for DACA recipients, TPS holders, and all other immigrants at risk of deportation.