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

UPCOMING
NPZ EVENTS:

Webinar- Immigration Related Employment Audits and Investigations

Location:  Online

Date:  May 24th, 2017

Time:  12:00 PM - 1:40 PM ET
 
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U.S. Immigration Law Basics

Location:

New Jersey Law Center
1 Constitution Sq. New Brunswick, NJ 08901

Date: June 28th, 2017

Time: 9:00 AM - 4:00 PM ET 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
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Venue: NPZ Law Group NYC Offices, 108 West 39th Street, Suite 800
New York, NY 10018

Date: April 1st & 2nd, 2017

Time: 10:30 PM to 4:00 PM.





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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.

OUR NEW - NEW JERSEY OFFICE:
 
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Kaival Chalishazar & Co. 
22 Vasant Kunj 
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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).
   
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Law Office of Michael Phulwani
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Veera Desai Road
Andheri West 
Mumbai 400 053, India

Call us at 201-670-0006 (x104) 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: 
 
As we pack-up our H-1B nonimmigrant work visas and send them to the USCIS we are reminded about the "good old days" when there was no cap on the H-1B. This meant that all of our clients who wanted (or needed) a work visa in the US were able to get one. Today the competition for the H-1B visa is quite steep. It is undoubtedly the case that there will be an H-1B lottery announced next week by the USCIS but the question is ... will be he odds be 3:1 or 4:1 or 5:1 this year? The "silver lining" is that an uptick in the demand for the H-1B nonimmigrant visa signals a positive economy for 4th quarter.

This past week the NPZ Law Group lawyers continued their community outreach efforts. In Union City NPZ Lawyers attended Law Day sponsored by the NJSBA and the Hispanic Bar Association, the Hudson County Prosecutor's Office, etc. It was great to see our friends and to be able to help many who had general questions about immigration, landlord-tenant, guardianship, benefits, etc.

As a reminder, the NPZ law group lawyers will be visiting Paris, France in early May, 2017, and conducting a series of seminars for HR Managers and Professionals and Investors about the new business immigration initiatives of the Trump Administration and the basics and nuances of business immigration options for temporary and permanent immigration to the U.S. Please see the flyers for these events attached to this e-zine and feel free to forward them to any interested parties that you may know.     

Other breaking news on the US immigration law front is that the "temporary" restraining order issued by a Hawaii Federal Court was recently converted to a "preliminary" injunction. Some folks may not understand the importance of this (because the outcome of the case does not really change), but this is very important because temporary relief is restrictively granted by any Court. Conversion of a "Temporary" Restraining Order to a "Preliminary" one sends a message to the parties that a Court is likely to grant a decision on the "merits of the case".

As the issue of "sanctuary cities" continues to be hotly contested at both state and local levels, immigration enforcement authorities recently issued a new detainer procedure and form. Stay tuned for more on how this process is going to be implemented. We remind our readers that NPZ continues to be able to assist with removal/deport defense before the EOIR. 

We also remind our readers, clients, potential clients and their friends and family members that the attorneys at Nachman Phulwani Zimovcak (NPZ) Law Group are immigration lawyers and that we handle a full-spectrum of U.S. and Canadian immigration law services throughout the U.S. and the world. If you should have any questions or require any immigration and nationality law assistance please feel free to contact us at info@visaserve.com or you can call us at 201-670-0006 (x107). 
H-1B SEASON UPDATE: USCIS WILL ACCEPT H-1B PETITIONS FOR FISCAL YEAR 2018 BEGINNING APRIL 3RD. ARE YOU "IN" THE H-1B LOTTERY?    
U.S. Citizenship and Immigration Services will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2017 - 2018  cap  on   April 3rd, 2017.  All  cap-subject H-1B  petitions filed  before April 3rd , 2017,  for the FY 2017 - 2018 cap will  be rejected.

The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly-specialized knowledge and a bachelor's degree or higher in the specific specialty, or its equivalent. H-1B specialty occupations may include fields such as science, engineering and information technology.
 
Congress has set a cap of 65,000 H-1B visas per Fiscal Year. An advanced degree exemption from the H-1B cap is available for 20,000 beneficiaries who have earned a U.S. Master's Degree or higher. The USCIS will monitor the number of petitions that it receives and notify the public when the H-1B cap has been met.
 
USCIS recently announced a temporary suspension of premium processing for all H-1B petitions starting April 3rd for upto six months. While H-1B premium processing is suspended, petitioners will not be able to file  Form I-907, Request for Premium Processing Service, for a   Form I-129, Petition for a Nonimmigrant Worker  which  requests the  H-1B nonimmigrant classification.  While premium processing is suspended any Form I-907 filed with an H-1B petition  will be rejected. If the petitioner submits one combined check for both the Form I-907 and Form I-129 H-1B fees, both forms  will be rejected.
 
H-1B SEASON NEWS UPDATE: USCIS CONFIRMS THERE WILL BE A LOTTERY FOR FY 2018 H-1B CAP CASES (UPDATED MARCH 27, 2017).     
USCIS confirmed recently that the process for receiving and receipting H-1B cap cases for Fiscal Year 2017-2018 will be the same as prior years, including a random lottery. Therefore, a lottery will be conducted if, during the period of  April 3-7th, 2017, enough petitions are received to reach the 65,000 statutory H-1B cap and the 20,000 cap for petitions filed under the advanced degree exemption, often referred to as the Master's cap.

As in the past, a random computer selection will be run first for those petitions under the 20,000 Master's cap exemption. Any petitions not selected for the Master's cap will then be included in the random selection process for the 65,000 regular cap.

***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. 
AS THE TRUMP ADMINISTRATION ANNOUNCES POTENTIAL FOR RAIDS, THE IMMIGRATION AND NATIONALITY LAWYERS AT NPZ LAW GROUP ENHANCE REMOVAL AND DEPORTATION DEFENSES - BY DONALD LINDOVER, ESQ., COUNSEL TO NPZ LAW GROUP, P.C.  
What are my rights if I am facing removal?

It is estimated that between 11 and 20 million undocumented immigrants currently reside in the United States. Undocumented immigrants typically enter the United States without legal permission or inspection, or through the use of false papers. Immigrants that enter legally but remain on expired paperwork or those involved in deportation proceedings are also considered illegal immigrants. President Trump has pledged to crackdown on illegal immigrants, raising concerns among many individuals who are here illegally. The following is an overview of removal proceedings, 1) The Removal Process 2) The First Hearing 3) The Merits Hearing.  
 
 
If you or a friend or a family member may be facing potential deportation/removal, contact the VISASERVE Team and the NPZ Law Group by e-mail at  info@visaserve.com  or by calling  (201) 670-0006 (x107) . Our team of experienced attorneys will provide you with the skilled representation you need when your life and freedom are on the line.
THE ACLU AND OTHER CIVIL RIGHTS ORGANIZATIONS CONTINUE TO PROMULGATE INFORMATION AND DOCUMENTATION TO HELP THE PUBLIC UNDERSTAND THE CONSTITUTIONAL RIGHTS OF UNDOCUMENTED IMMIGRANTS.
Do undocumented immigrants have legal rights?

In the aftermath of the recent immigration raids, many are asking whether or not undocumented immigrants have legal rights. The fact is that certain rights under the U.S. Constitution apply to immigrants who are not lawfully in the country. This is because they are considered "persons" under the law. Let's take a brief look at some of these rights.

Constitutional Rights.

First, undocumented immigrants are entitled to the Fourteenth Amendment's guarantees of due process and equal protection of the laws. This means that these individuals have the right to a trial and to defend themselves against criminal charges. Similarly, undocumented immigrants have rights in civil matters, including the right to receive notice of a lawsuit and to defend the matter in court.

In addition, undocumented immigrants are also protected against unlawful searches and seizures by law enforcement (under the Fourth Amendment) as well as self incrimination (under the Fifth Amendment). Lastly, undocumented immigrants can also bring lawsuits in federal court and in some jurisdictions, state court.
 
FOR MORE INFORMATION, PLEASE CLICK HERE . . . 
NPZ IMMIGRATION AND NATIONALITY LAWYERS HELP HUMAN RESOURCES MANAGERS AND HR PROFESSIONALS UNDERSTAND RIGHTS THAT GREEN CARD EMPLOYEES HAVE AT THE U.S. PORTS OF ENTRY.
Upon return to the United States from travel abroad, Lawful Permanent Residents (LPRs) or Green Card holders have certain due process rights, including the right to a hearing before an immigration judge before they can be stripped of their permanent resident status. In addition, given increasing reports of CBP inspection of traveler's electronic devices and/or social media accounts, it is important for Green Card holders or LPRs to understand the risks of refusing such a request.
 
LPRs enjoy greater due process rights than nonimmigrants when returning to the United States after travel abroad. Like all international travelers, upon return, LPRs are subject to inspection by CBP. CBP may question and screen LPRs to determine whether they are a "returning resident" or whether they should be treated as an "arriving alien."
 
U.S. IMMIGRATION LAW MYTHS OR MYSTERIES: TARGETED ICE ENFORCEMENT ACTIONS ARE UNDERWAY?
The immigration law community has received information that ICE has, once again, commenced "targeted enforcement" actions by reinstituting "Operation Cross Check." The operation is focused on three populations:
 
1. Fugitives - Anyone with an outstanding order of removal;
 
2. Individuals who reentered after they were deported. No need for criminal conviction related to reentry to be targeted;
 
3. At large "criminal aliens" - Anyone with any criminal conviction.
 
It also appears that other individuals who are identified in the course of an Operation Crosscheck action against a specific person may also be picked-up if they fall within the broader enforcement priorities outlined in the President's Executive Order. Note that the new priorities are very broad and any undocumented individual could be deemed a "priority". 
 
PROVISIONAL WAIVERS PROVIDE A ROAD TO FAMILY UNITY: USCIS PROVIDES TIPS FOR FILING FORM I-601A, PROVISIONAL WAIVER APPLICATION.  
USCIS notes that it has seen an increase in rejections of Form I-601A, Application for Provisional Unlawful Presence Waiver, and provides filing tips. If you are requesting a provisional unlawful presence waiver, you must file the current version of Form I- 601A with the proper fee(s) and in accordance with the form instructions. 
 
When submitting Form I-601A, please make sure you: 
 
* Submit the current version of Form I-601A (edition date 12/23/16). 
 
* Complete all required fields and sign the form.
 
* Submit the proper filing fee of $630. If you are younger than 79, you must also pay $85 for biometric services. 
 
On March 9th, 2017, the Department of State released the April 2017 Visa Bulletin.  EB-1 India and China have already surpassed their per country limits of 2,800 visas, with EB-1 India using more than 9,000 numbers, and EB-1 China using more than 4,500 numbers. DOS is watching these categories very carefully. As the availability of "otherwise unused" numbers diminishes, a Final Action cut-off date will likely be imposed for both countries at some point this summer.

The China EB-3 Downgrade Phenomenon. For the last few years, the Final Action Date for EB-3 China has been closer to "Current" than the EB-2 China Final Action Date. This phenomenon has spurred EB-2 beneficiaries to file new I-140s to "downgrade" to EB-3. Once a sufficient number of "downgrades" materialize into demand for EB-3 China numbers, EB-3 and EB-2 China are likely to come back into alignment. Historically, this realignment typically happens in May.
 
 

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: LOTTERY AGAIN? SEEMS SO!  
 
 The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(17)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the U.S. Effective January 17, 2017, USCIS modified the rules to allow a grace period of up to 60 days.

The regulations define a "specialty occupation" as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including but not limited to biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor's degree or its equivalent as a minimum (with the exception of fashion models, who must be "of distinguished merit and ability"). Likewise, the foreign worker must possess at least a bachelor's degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer.
      

EXTREME VETTING: CHANGES TO THE VETTING PROCESS PROPOSED BY PRESIDENT TRUMP.  
 
 
 Donald Trump's speech on the threat of radical Islam included a section about immigration policy that has the usual suspects in a tizzy. This section focused not on terrorism, but rather on what Andy McCarthy calls the "grand jihad," the importation of Islamist ideology that rejects our constitutional order and open society.

In his trademark manner, Trump departed from the prepared text to Archie Bunker-ize the speech by calling this "extreme vetting," which is not the phraseology you should use once you've won the nomination and are trying to persuade the middle-of-the-road voter in Ohio and Florida. But rather than calling for body-cavity searches, as this label might suggest, he was instead calling for ideological/values screening, with the commonsense goal that "we should only admit into this country those who share our values and respect our people."
      
Join NPZ Law Group, US immigration and nationality lawyers, for multiple presentations about immigrant and nonimmigrant investor visas in Paris, France, in early May, 2017.
 
Please feel free to forward the invitation to others that you think may be interested. You can RSVP by emailing us at USAimmigration@visaserve.com