UPCOMING EVENTS
Family Based Immigration Visas/Immigration Law Practice in 2017 & Beyond
Location:
New Jersey Law Center
1 Constitution Sq. New Brunswick, NJ 08901
Date:
February 1, 2017
Time: 9:00 AM - 12:35 PM ET
----------
WEBINAR - IMMIGRATION RELATED EMPLOYMENT AUDITS AND INVESTIGATIONS
Location:
Online
Date:
February 23, 2017
Time: 12:00 PM - 1:40 PM ET
* * * * * * *
|
|
- - - - - - - - - - - -
:: 201-670-0006 (X100)
|
|
OUR OFFICES*:
NEW JERSEY OFFICE:
VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006 (x107)
Please feel free to ask about our Princeton, New Jersey, Satellite Office and 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.
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
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).
- - - - - - - - - - -
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.
- - - - - - - - - - - -
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 a few days it will be Trump's Administration. Apparently, Obamacare is going to be the first target. We are unsure if U.S. immigration law will play "second fiddle". As we have said, the one thing remains constant in immigration law is change. This week we saw the end of "wet-foot, dry-foot" policy for Cuban migrants. Cubans, who attempt to enter the U.S. unauthorized, will now be treated the same as other migrants. It means that they
will not be automatically paroled (granted entry to the United States by an immigration officer), and thus be eligible for benefits under the Cuban Adjustment Act (CAA), which includes eligibility for permanent residence after one year.
This past week, Senator Jeff Sessions, who has been nominated to be Attorney General by President-elect Donald Trump, endured a 10-and-a-half-hour confirmation hearing in which he responded to questions about on a wide range of issues. During his confirmation hearing, Sessions was questioned about immigration topics including: the Deferred Action for Childhood Arrivals (DACA), a Muslim registry (NSEERS), border prosecutions and the Board of Immigration Appeals (BIA). Sessions told lawmakers to fix the immigration system. No surprise really. We are cautiously optimistic that this could actually happen.
Bipartisan legislation was introduced this past week in Congress called "The Bar Removal of Individuals who Dream and Grow our Economy" (BRIDGE) Act. The BRIDGE Act seeks to provide work authorization and relief from removal for three years to DACA eligible individuals. Presently, over 741,000 individuals have received DACA, allowing them to make significant contributions to the economy and their communities.
In addition, this past week, t
he Senate Homeland Security and Government Affairs Committee held a hearing on the nomination of General John Kelly for the position of Secretary of the Department of Homeland Security (DHS). Interestingly, he stated that he believes that part of the reason migrants are coming to the U.S. is because they carry the notion that once they arrive, they will be able to stay. Hopefully, his need to better understand immigration policies, will translate into engagement with stakeholders concerned with immigration.
What clearly appears to be the case is that the Republican Party will have control of the House of Representatives, U.S. Senate, and the Presidency. In theory, this control allows the Congress to pass and help implement many of the incoming President's immigration priorities.
On the issue of U.S. immigration, Trump has made many promises, however, except for executive actions (that can be issued or rescinded by a President), only Congress can make changes.
For more information about the way that the U.S. immigration and nationality laws may impact you, your family, your friends or your colleagues, please feel free to contact the immigration and nationality lawyers at the NPZ Law Group by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x107).
|
ABC's OF H-1Bs (THIS IS PART 1 OF AN 8 PART SERIES) H-1B FILING SEASON (FOR THE 2017 DEADLINE ON APRIL 1ST) GETS INTO FULL-SWING FOR H-1B EMPLOYERS AND PROSPECTIVE H-1B EMPLOYEES By: David Nachman, Esq., Michael Phulwani, Esq. and Ludka Zimovcak, Esq.
|
Based on the current predictions, given the new Republican Administration, the U.S. economy will rebound. What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? Assuming that the economy performs as projected, it is highly likely that we will once again, as we did in 2016, witness the H-1B lottery (technically referred to as "Random Selection Process") during April 2017. To better prepare for the H-1B cap, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee needs to know.
Limited Numbers: Not 65,000; There Are Only 58,200 Regular H-1B Visas.
The current annual cap on the H-1B category is 65,000. However, all H-1B nonimmigrant visas are not subject to this annual cap. Up to 6,800 visas are set aside from the cap of 65,000 during each fiscal year for the H-1B1 program designed specifically for the Nationals of Chile and Singapore. Unused numbers in the H-1B1 pool are made available for H-1B use for the next fiscal year. Thus, in effect, only 58,200 H-1B visas are granted each year with the exception of the 20,000 additional H-1B visas which are reserved for individuals who have received master's or higher degrees from a U.S. college or university. In an upcoming article, we will discuss, in detail, whether or not every master's degree from a U.S. academic institution qualifies an individual for the H-1B master's cap.
|
AAO PRECEDENT DECISION: A RECENT AAO PRECEDENT CASE LIBERALIZES THE NATIONAL INTEREST WAIVER (NIW) STANDARD BY OVERRULING NEW YORK STATE DEPARTMENT OF TRANSPORTATION.
|
The USCIS gave talented immigrants, including those with OPT, STEM OPT, H-1B and O-1 status, a wonderful gift at the end of 2016.
The Administrative Appeals Office (AAO) of the USCIS made it far easier for exceptional and highly-educated immigrants to qualify for green cards by self-petitioning for National Interest Waivers (NIWs) by focusing on the value that is brought to the U.S. economy by entrepreneurs and those involved in the Science, Technology Engineering and Mathematics ("STEM") arenas.
Matter of New York State Dept. of Transportation:
The AAO vacated a restrictive test regarding who qualifies for an NIW which was enunciated in Matter of New York State Department of Transportation (NYSDOT) in 1998.
The NYSDOT legal standard set forth a very restrictive subjective criteria that made it very difficult to obtain the green card for many foreign nationals:
1. That the person seek employment in an area of "substantial intrinsic merit"; and
2. That the proposed benefit be "national in scope"; and
3. That the nation's interest in the Labor Certification process is outweighed by the Nation's interest in giving the petitioner a waiver of that process.
|
NEW ENTREPRENEUR PAROLE RULE: USCIS FINAL RULE ON PAROLE FOR START-UP ENTREPRENEURS.
|
On January 17th, 2017, USCIS published in the Federal Register the FINAL rule for Start-Up Entrepreneurs that amends the Department of Homeland Security (DHS) regulations to implement the Secretary of Homeland Security's discretionary parole authority in order to increase and enhance entrepreneurship, innovation, and job creation in the United States.
The final rule adds new regulatory provisions guiding the use of parole on a case-by case basis with respect to entrepreneurs of start-up entities who can demonstrate through evidence of "substantial and demonstrated potential for rapid business growth and job creation" that they would provide a "significant public benefit" to the United States.
Such potential would be indicated by, among other things, the receipt of significant capital investment from U.S. investors with established records of successful investments, or obtaining significant awards or grants from certain Federal, State or local government entities. If granted, parole would provide a temporary initial stay of up to 30 months (which may be extended by up to an additional 30 months) to facilitate the applicant's ability to oversee and grow his or her start-up entity in the United States.
|
NPZ LAW GROUP IS PLEASED ABOUT THE NEW NATIONAL WAIVER TEST THAT WILL AID ENTREPRENEURS SEEKING GREEN CARDS.
|
Staying in the U.S. can be a tricky process for start-up founders, but a new decision could make it easier for entrepreneurs to get key waivers and green cards, according to attorneys, with the ruling coming as the government prepares to roll-out a separate regulation for entrepreneurial immigrants.
In a last-minute holiday gift to immigration attorneys and foreign nationals with "exceptional ability," a U.S. Citizenship and Immigration Services Appeals Office on December 27th issued its first precedent decision in more than a year, unveiling a fresh standard for a crucial waiver available to some green card applicants.
The office - known as the Administrative Appeals Office - revamped the test for granting a "national interest waiver," which can be used by immigrants seeking green cards through the EB-2 visa category. The visa is for people with "exceptional abilities" or advanced degrees, and the waiver allows immigrants to avoid the usual job offer requirement, as well as the PERM labor certification process.
|
|
|
Recently the U.S. Department of Homeland Security (DHS) proposed to amend its regulations governing the employment-based, fifth preference (EB-5) immigrant investor classification and associated regional centers to reflect statutory changes and modernize the EB-5 program.
In general, under the EB-5 program, individuals are eligible to apply for lawful permanent residence in the United States if they make the necessary investment in a commercial enterprise in the United States and create or, in certain circumstances, preserve 10 permanent full-time jobs for qualified U.S. workers.
This proposed rule would change the EB-5 program regulations to reflect statutory changes and codify existing policies. It would also change certain aspects of the EB-5 program in need of reform.
|
|
MORE OF THE SAME - THE OBAMA IMMIGRATION LEGACY - SKILLED LABOR REGULATION TO EASE JOB PORTABILITY WITH NOT A MOMENT TO SPARE.
|
The final version of the long-awaited U.S. Department of Homeland Security (DHS) regulation, "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers," was recently promulgated and it is due to take effect on January 17, 2017.
The rule updates and amends current regulations and guidance concerning employment-based visa programs to better enable U.S. employers to sponsor and retain highly-skilled nonimmigrant workers and provide greater stability and job flexibility for those workers. The rule also clarifies several agency guidance memoranda, judicial determinations and procedures and seeks to provide consistency among agency adjudications.
The new regulation is quite comprehensive and addresses numerous areas of skilled worker visa nuances.
|
GOOD TIMES FOR NRI INVESTMENTS IN INDIA - By: Shekhar Raj Sharma (Practicing Lawyer at the Supreme Court of India)
.
|
THE UPCOMING ORGANISED REAL ESTATE SECTOR IN INDIA
This article is in continuance of my previous article "Modi Trumped Donald on Demonetization". In this article, I'll be focusing on estate planning for NRIs or investments in real estate considering the recent demonetization. The Indian Government this year notified a new act called The Real Estate (Regulation and Development Act,2016). It is commonly known as RERA. This will now bring transparency in the developers and they will be accountable to the consumer through a law in force for timely delivery etc.
The Real Estate sector in India was one where maximum unaccounted money or cash was used. It is said that in any Estate deal 60% accounted money was used and remaining 40% was through cash, irrespective of the amount. Now for two years this proportion came down due to slow down in corrupt practices and vigilance of the current regime. Therefore, there is a massive availability of ready to move in Flats, Apartments, Pent Houses etc. and their price have come down to 50 %. Hence there is a negative Growth in real estate market in India. Total FDI in the construction sector, from April 2000-March 2016 stood at US$ 24.188 billion.
|
|
|
Employment-Based, Second Preference (EB-2):
In the EB-2 category, China advances by one month, to November 15th, 2012. The cutoff date for EB-2 India holds steady at April 15th, 2008.
Employment-Based, Third Preference (EB-3):
The cutoff date for EB-3 India continues to snail forward by only a week-per-month, now set at March 22nd, 2005. EB-3 China's cutoff date moves up by three weeks, to October 1, 2013. The EB-3 cutoff date for the Philippines advances by nearly three months, to October 15th, 2011.
Employment-Based, Third Preference (EB-3): Other Workers
As usual, the cutoff dates for EB-3 other workers continue to match the general EB-3 cutoff dates for all countries other than China. EB-3 other workers for China remains still, at December 1st, 2005.
Employment-Based Fourth Preference (EB-4):
In the EB4 category, the cutoff date for El Salvador, Guatemala, Honduras, and Mexico remains unchanged, at July 15th, 2015. This category is current for all other countries of chargeability.
Employment-Based Fifth Preference (EB-5):
EB-5 for China advances by one week, to April 15th, 2014. This category remains current for all other countries.
|
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 . . .
NPZ LAW GROUP'S IMMIGRATION VIDEO CHANNEL ON YOUTUBE
https://www.youtube.com/watch?v=3Crfb5L_vlo
|
|
H-1B SEASON IS NEARLY UPON US: PROFESSIONAL AND SPECIALTY OCCUPATION WORK VISAS EXEMPT FROM THE H-1B 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.
|
|
| |
|
