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

UPCOMING
NPZ EVENT:

HR Indiana 2017: NEW I-9 FORM AND IMMIGRATION ENFORCEMENT DURING THE TRUMP ERA

Location:

Indiana Convention Center
JW Marriott
10s West Street
Indianapolis, IN 46204

Date: 
August 30th, 2017

Time: 
8:15 AM - 9:30 AM CT 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
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Dear Readers:

The big US immigration law news of the month is that the recently proposed Reforming American Immigration for a Strong Economy Act ( RAISE Act) received the endorsement of President Trump.

The RAISE Act (the "Act") seeks to dramatically reshape American immigration by favoring youth and a narrow set of skills over family values and diversity. The Act  does this by eliminating all   family-based legal immigration   categories, except for some immediate relatives. In addition, it eliminates the Diversity Visa, which has long ensured that America welcomes individuals from countries with low levels.
 
The RAISE Act also caps refugee admissions at a reduced level of 50,000 per year-taking away a prerogative to set refugee admission levels annually.
 
The Act also outlines a points system which places emphasis on having an advanced degree, especially in the fields of Science, Technology, Engineering, and Math (STEM), proficiency in English, and a highly-compensated job offer in the US with little consideration given for other skills or talents, unless you are an Olympic medal winner or Nobel Laureate.
 
As we know from our Canadian Counterparts, points systems place value on people in terms of their supposed human-capital attributes - such as a professional degree, earning potential, or extraordinary ability - and therefore, their presumed capacity to produce economic value switching  from a demand-driven model (based on employers' needs) to a human-capital model entails some risks. 
 
The points system raises significant concerns about potential gender bias, specifically against women. Women, who tend to be underrepresented in STEM fields, would be systematically excluded. In addition, many immigrant women perform their work in other important occupations (such as child care, elder care, and domestic work), which are not valued skills in the proposed point system.
 
This is not the first time Congress has explored this change in how we select immigrants. In 2013 a similar proposal included a dedicated path for low-wage immigrants and attempted to address the gender gap by including points for being a caregiver. Low-wage immigrants play a fundamental role in the economy which encompasses the food services and hospitality industries, construction, agriculture, elder care, and manufacturing. The Act does not even attempt to acknowledge or remedy this concern.
 
As the Summer draws to a close we are pleased to see the RAISE Act percolate to the surface as it will serve as a catalyst for discussion about changes to the US immigration law system in the Fall. 

If you, your colleagues, your friends or your family members require the assistance of an immigration lawyer or attorney, we remind you that our national practice is only a phone call or e-mail away. You can email us at info@visaserve.com or you can call us at 201-670-0006 (x107). 
On April 18th, 2017, President Trump signed the "Buy American and Hire American" Executive Order, which seeks to create higher wages and employment rates for U.S. workers and to protect their economic interests by rigorously enforcing and administering our immigration laws. It also directs DHS, in coordination with other agencies, to advance policies to help ensure H-1B visas are awarded to the most-skilled or highest-paid beneficiaries.

USCIS provided an update on its implementation of  Executive Order "Buy American and Hire American", stating it is "working on a combination of rulemaking, policy memoranda, and operational changes to implement the Buy American and Hire American Executive Order." 
 
USCIS also provided statistics on H-1B filings from FY2007 to FY2017, as well as data on approved H-1B petitions for FY2015 and FY2016. DHS also posted statistics on approved employment authorization documents, broken down by basis for eligibility and statutory eligibility.
 
 
There's no denying that immigration is a hot button issue in America today.  But almost everybody agrees that creating jobs in America and boosting its economy are beneficial outcomes, so federal law allows qualified  entrepreneurs or investors to obtain "EB-5" visas to come to America to develop their businesses.
 
Who qualifies for an Investor's Visa?
There are three basic ways to qualify for an EB-5 Entrepreneur/Investor's Visa:
  • Invest at least $1 million directly in a new commercial venture
  • Invest at least $500,000 in a "targeted employment area"
  • Invest at least $500,00 in a "regional center business"
Additionally, this investment must be expected to create or preserve at least 10 American jobs. 
 
THE RAISE ACT CONTINUES TO RAISE QUESTIONS: PRESIDENT TRUMP BACKS RAISE ACT.
On August 2nd 2017, Senators Tom Cotton (R-AR) and David Perdue (R-GA) introduced the Reforming American Immigration for a Strong Economy (RAISE) Act, which would create a skills-based immigration points system, end the Diversity Visa Program, and reduce the number of family-based immigrants and refugees.

The legislation would award points based on education, ability to speak English, high-paying job offers, age, record of achievement and entrepreneurial initiative.

President Donald J. Trump supported the Reforming American Immigration for a Strong Economy (RAISE) Act to prioritize immigrants based on the skills they bring to our Nation while safeguarding the jobs of American workers.
 
INTERNATIONAL STUDENTS HAVE QUESTIONS ABOUT STUDY IN THE U.S. WITH AN F-1 ACADEMIC VISA IN THE FALL.  
How can I obtain an academic visa to come to the United States?

The United States has some of the greatest academic programs and institutions in the world.  Foreign students desiring to come to the U.S. to study can apply for an F-1 visa. 

Thousands of schools across the nation are approved to accept foreign students as full time students. 

Other options for students seeking to come to the U.S. include a J exchange visitor visa.  The immigration attorneys at NPZ Law Group can discuss your options for a student visa.
 
 
GLOBAL ENTRY SEES GLOBAL EXPANSION: CBP NOTICE ON EXPANSION OF GLOBAL ENTRY TO COLOMBIA, SINGAPORE, AND SWITZERLAND.
On August 14th, 2017, CBP issued a notice in Federal Register stating that the Global Entry international trusted traveler program has been expanded to include certain citizens of Colombia, Singapore, and Switzerland. Applications will be accepted from qualified citizens of these countries beginning August 14th 2017.

Global Entry is a voluntary program that provides pre-approved travelers arriving in the US with dedicated CBP processing at Global Entry kiosks located at designated airports.

In a final rule published in the Federal Register (77 FR 5681) on February 6th, 2012, CBP promulgated the regulation (8 CFR 235.12) to establish Global Entry as an ongoing voluntary regulatory program. Eligibility for participation in Global Entry is limited to U.S. citizens, U.S. nationals, U.S. lawful permanent residents, and certain nonimmigrant aliens from countries that have entered into arrangements with CBP regarding international trusted traveler programs. Specifically, certain nonimmigrant aliens from countries that have entered into arrangements with CBP concerning international trusted traveler programs may be eligible to apply for participation in Global Entry.
 
 
DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR SEPTEMBER 2017 - IF YOUR "PRIORITY DATE" IS CURRENT PLEASE LET US KNOW?  
The Visa Bulletin for September 2017, which is the last visa bulletin of fiscal year 2017, was released by the U.S. Department of State (DOS) this morning. There was no movement in the dates for filing chart, and only a bit of progress in the final action (FA) chart.
 
The employment-based, second preference (EB2) cutoff date for India moves ahead by one month, to August 22nd, 2008. This is a bit surprising, in that DOS predicted no forward movement for EB2 India this month, and actually was concerned it may retrogress. EB2 China edges ahead by three weeks, to a May 15th, 2013, cutoff date.

In the employment-based, third preference (EB3) category, India's cutoff date advances by three months, to October 15th, 2006. EB3 China, on the other hand, holds steady at January 1st, 2012. 


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

O Serviço de Cidadania e Imigração dos Estados Unidos divulgou em 17 de julho uma versão revisada do Form I-9, Employment Eligibility Verification Form (Formulário de Verificação de Elegibilidade para Trabalho). A partir de 18 de setembro de 2017, os empregadores devem usar o formulário revisado com data de 07/17/17 N. Eles podem usar a versão anterior do Form I-9 com data de revisão em 11/14/16 N até 17 de setembro. Os empregadores devem continuar seguindo as regras de armazenamento e retenção existentes para qualquer Form I-9 preenchido anteriormente. 
 
 
A classificação de visto de não imigrante B-1 (incluindo admissões pelo Programa de Isenção de Visto, VWP na sigla em inglês) é apropriada para estrangeiros que viajam aos Estados Unidos para um período temporário, em base limitada, para participar de atividades de negócios legítimas pelas quais não estão sendo remunerados por uma fonte americana. A exceção são reembolsos de despesas enquanto estiverem no país. 
 

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.