|
- - - - - - - - - - - -
:: 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)
|
|
|
|
The beginning of February was marked by nothing less than "confusion" in the U.S. immigration law arena as the Trump Administration continues to "settle-in". Members of the NPZ Law Group continue their active community outreach efforts through both civic and professional organizations. It continues to be our goal to help explain recent U.S. immigration law initiatives to what appears to be an extremely "confused" public.
To date, the Ninth Circuit's decision stands and the TRO (the Temporary Restraining Order against the Travel Ban) remains in-place. The President has announced that he is in the process of preparing a NEW Executive Order to address the deficiencies he sees in the original travel ban. See NPZ's recent PRESS RELEASE.
Stay tuned for more confusion at the Ports-of-Entry and for additional litigation about the "constitutionality" over the President's pronouncements. As we continue to tell our followers, the silver-lining about all the immigration confusion is that the "system" seems to work. The U.S. political system (our government) was designed to resist "despotic rule". Often a system needs to be tested to show its "true value" and "true strength".
New developments in the U.S. immigration law arena that impact day-to-day operations of our HR clients include the issuance of a new M-274, Employer's Handbook by USCIS. We continue to receive questions about Form I-9 compliance, DOL investigations about H-1Bs, and FDNS H-1B and L-1 Visa site visits. Our continuing experience with increasing enforcement and government scrutiny in the immigration law arena leads to the inescapable conclusion that NOW is a good time to consider focusing on your organization's business and corporate immigration compliance issues. See NPZ page about Immigration Audits and Investigations.
The NPZ Law Group, in its efforts to continue to expand its U.S. immigration and nationality law services to our clients (and prospective clients), is seeking to further expand representation in Immigration Court and in connection with Removal/Deportation services. If you should have any questions about how NPZ Law Group can assist you (or anyone you know) with representation in Immigration Court (in Newark, New York City or elsewhere), we encourage you to contact us. Check out our Removal and Departation Page at the NPZ website.
In addition, we remind our readers to begin to only use NEW USCIS Forms after February 21st. We remind our readers to take a moment to check out NPZ Law Group's U.S. immigration and nationality law - "News and Views". For information about how you, your colleagues, your friends or your family members may obtain legal immigration benefits in the U.S. (and Canada), we welcome you to feel free to contact us at info@visaserve.com or to call one of our immigration and nationality lawyers or attorneys at 201-670-0006 (x107).
|
TRUMP ADMINISTRATION TRAVEL BAN UPDATE: THE APPEALS COURT RULES IN FAVOR OF AMERICAN VALUES BY REFUSING TO REINSTATE PRESIDENT TRUMP'S TRAVEL BAN.
|
On February 9th, 2017, a Federal Appeals Court refused to restore President Donald Trump's controversial executive order banning U.S. borders to refugees and migrants from seven (7) mostly Muslim countries, dealing another legal setback to the new administration's immigration policy.
In a unanimous decision (per curiam), a three-judge panel from the San Francisco-based 9th U.S. Circuit Court of Appeals declined to block a lower-court ruling that suspended the ban and allowed previously barred travelers to enter the U.S.
The Court of Appeals rejected the Administration's claim that it did not have the authority to review the President's Executive Order. "There is no precedent to support this claimed unreview ability [nonreviewability], which runs contrary to the fundamental structure of our constitutional democracy," the Court stated.
The judges noted that the states had raised serious allegations about religious discrimination.
|
A VIEW OF TRUMP'S INITIATIVES THROUGH INTERNATIONAL EYES: U.S. PRESIDENT'S IMMIGRATION POLICY & ITS EFFECT ON WORLD PERCEPTION - IS IT REALLY MAKING "AMERICA GREAT AGAIN?" - A CONTRIBUTION FROM ONE OF OUR INDIAN PARTNER OFFICES.
|
The newly-elected Republican President of the United States has lobbed yet another hardship grenade on immigrants from seven (7) predominately Muslim countries. However, there has been a great deal of criticism about the recently announced travel ban from corporate managers and directors of Indian organizations with affiliates and subsidiaries in the U.S.
From our perspective, it is important to report not just about the view of the new President's U.S. immigration initiatives from a U.S. vantage point but also to take a look at the impact that these initiatives have from an international viewpoint. President Trump continues to tout that he is working to "Make America Great Again". However, is this really how the rest of the world sees it?
THE DIRECT EFFECT OF IMMIGRATION POLICY ON THE GLOBAL FRONT.
UK & Europe (especially Paris, France) has criticized the move followed by others. The policy directly effects those who hail from these seven banned countries and are either on legitimate visas or are traveling to US for work. Before the issuance of the Restraining Order, a citizen from these seven countries will be restrained from boarding a flight to US from any port of origin, even if they are a green card holder. This also applies for those who are born in these seven countries but holding passports of allied countries. The immediate sentiments on this ban has sent shockwaves through the international community and international markets are watching this closely.
|
H-1B SEASON PRIMER: THE ABCs OF H-1Bs (THIS IS PART IV OF AN VIII PART SERIES): THE WHYS AND HOWS OF EDUCATION AND/OR EXPERIENCE EVALUATIONS IN THE CONTEXT OF AN H-1B VISA PREPARATION AND FILING.
|
The threshold question for an H-1B nonimmigrant work visa is whether the intending H-1B nonimmigrant has the equivalence of a U.S. Bachelor's Degree. Most of the prospective H-1B employees and H-1B employers begin with either of the following two thoughts: "I would like to work in the U.S. using an H-1B visa, but am not sure if I qualify" or "I want to hire a foreign worker but not sure if the individual qualifies for an H-1B visa."
As briefly touched upon in Part I of this VIII Part H-1B series, it is mandatory that not only the prospective H-1B employee ("H-1B employee" or "Beneficiary") but both the proffered position and prospective employee should be qualified to be able to obtain the H-1B nonimmigrant work visa. Building upon the previous articles, the following will explore the importance of educational and/or experience equivalency evaluations, and explain precautions that an employer and/or prospective H-1B employee can take in order to avoid a dreaded Request-for-Evidence (RFE) and/or Notice of Intent To Deny (NOID) the H-1B nonimmigrant petition.
H-1B nonimmigrant work visa season is upon us . . .
Think about your H-1B back-up plan now . . .
|
USCIS FORM AND SUBSTANCE CORNER: THE USCIS WILL ONLY ACCEPT NEWLY ISSUED FORMS STARTING ON FEBRUARY 21ST, 2017.
|
On February 15th, 2017, USCIS released an important reminder regarding the acceptance of new forms recently posted to the USCIS website starting February 21st, 2017. It is to be noted that ONLY the new forms will be accepted by the USCIS after February 21st, 2017.
On December 23rd, 2016, USCIS new fees took effect and the USCIS also published updated versions of many forms. We strongly encourage our readers to go to uscis.gov/forms to download and submit the new versions, which are updated with the new fees and which reflect an edition date of 12/23/16.
On February 21st, 2017, USCIS will no longer accept previous editions of the revised forms. To view the complete list of the new fees, please visit at uscis.gov/forms/our-fees. If the new fee and the new form are not included with the filing then it is important to note that the USCIS will reject and return the filing.
|
|
|
If you were admitted to the United States as the spouse of an A, E-3, G, or H nonimmigrant who has abused you, you may be eligible for employment authorization. Provisions added to the Immigration and Nationality Act (INA) by the Violence Against Women and Department of Justice Reauthorization Act of 2005 allow certain abused nonimmigrant spouses to file for employment authorization.
Employment authorization enables victims to seek both safety and independence from their abuser, who may not be notified about the filing. The employment authorization provisions apply equally to men and women. Initial employment authorizations will be issued for 2 years and may be renewed in certain circumstances. The issuance of employment authorization will not establish eligibility for or extend lawful status in the United States.
To be eligible for employment authorization as an abused nonimmigrant spouse, the abused spouse must submit credible evidence meeting its eligibility requirements.
USCIS published a new Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse, and provides FAQs regarding how to get help, who may file this form, eligibility requirements, and filing requirements.
***THIS INFORMATION IS PROVIDED COURTESY OF AILA - of which David Nachman, Esq., one of the Managing Attorneys at NPZ Law Group, is an AILA Mentor, a Former State of New Jersey AILA Chapter Chair and a present Member of the AILA National.
|
|
TREMENDOUSLY HELPFUL INFORMATION RELEASED RECENTLY FOR HUMAN RESOURCES MANAGERS AND STAFF ABOUT NEW EMPLOYMENT ELIGIBILITY VERIFICATION GUIDANCE: USCIS RELEASES UPDATED HANDBOOK FOR EMPLOYERS.
|
USCIS released an updated Handbook for Employers, Guidance for Completing Form I-9 (Employment Eligibility Verification Form), dated January 22nd, 2017.
HR Managers and Professionals can obtain electronic copies of English and Spanish versions of Form I-9 from the U.S. Citizenship and Immigration Services (USCIS). Because immigration law and employment eligibility verification regulations can change over time, USCIS encourages users of the Form to periodically check I-9 Form Central for updated information.
|
|
|
The employment-based, second preference (EB-2) category for India advances by six weeks, to June 1st, 2008. EB-2 China advances by one month, to December 15th, 2012.
For the employment-based, third preference (EB-3) category, India sees no movement, remaining with a cut off date of March 22, 2005. EB-3 China moves ahead by more than five months, to March 15th, 2014. EB-3 Philippines also advances, to a new cut off date of March 15, 2012.
Click here to view the March 2017 Visa Bulletin from the U.S. Department of State.
|
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 SEASON IS NEARLY UPON US: PROFESSIONAL AND SPECIALTY OCCUPATION WORK VISAS EXEMPT FROM THE H-1B CAP.
|
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.
H-1B nonimmigrant work visa considerations.
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.
|
|
| |
|
