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:: 201-670-0006 (X100)
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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).
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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.
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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)
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This past week the immigration and nationality lawyers at Nachman Phulwani Zimovcak (NPZ) Law Group, PC continued their outreach to the greater immigrant community by providing information and documentation about President Trump's new Travel Ban Executive Order.
The new Order, which was to be effective on March 16th 2017, has sent numerous States scurrying for ways to challenge its constitutionality. The Travel Ban was challenged by Hawaii and Maryland on a variety of grounds. NPZ's lawyers continue to take an active role at social, religious and community events to help the greater foreign national community "know and understand their rights". Please contact us if you would like us to provide you with a "know your rights" card.
Recently, the USCIS announced the suspension of the premium processing program effective on April 3rd, 2017. The reasoning for the initiative appears to be that the government is seeking additional time to organize and adjudicate pending H-1B visas. We remain skeptical.
It is important for our readers to note that this initiative affects ALL (not just "cap") H-1B cases filed after April 3rd. In other words, the initiative includes both H-1B amendments and extensions. Anyone desirous of obtaining a new Form I-797 or who may be contemplating consular processing within the next six months will need to file for Premium Processing before April 3rd.
As we "slowly approach the finish line" with the cap H-1B's and the preparation of H-1B Cap Filings for the April 1st (April 3rd) deadline, we remind our readers that we are US and Canadian immigration and nationality lawyers.
We also remind our readers that we continue to grow our removal defense practice and invite you to have a consultation with one of our removal defense lawyers if you find yourself, a friend or relative served with an NTA, being detained or placed into a removal proceeding before the EOIR (the "immigration court").
We remain committed to assisting our clients, their friends, and their family members, with obtaining the most favorable US immigration and nationality law results in the most economically feasible manner.
To speak to one of our US immigration lawyers, please feel free to contact us by email at info@visaserve.com or you can call us at 201-670-0006 (x107).
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H-1B SEASON UPDATE: USCIS WILL ACCEPT H-1B PETITIONS FOR FISCAL YEAR 2017-2018 BEGINNING APRIL 3RD.
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U.S. Citizenship and Immigration Services will begin accepting H-1B petitions subject to the fiscal year 2018 cap
on April 3, 2017. All cap-subject H-1B petitions filed
before April 3rd, 2017, for the FY 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 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 agency will monitor the number of petitions received and notify the public when the H-1B cap has been met.
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PREMIUM PROCESSING UPDATE: USCIS WILL TEMPORARILY SUSPEND PREMIUM PROCESSING FOR ALL H-1B PETITIONS.
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Starting April 3rd, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 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. USCIS will notify the public before resuming premium processing for H-1B petitions.
FOR MORE INFORMATION, PLEASE CLICK HERE . . .
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ABCs OF H-1Bs (THIS IS PART V OF AN VIII PART SERIES): DOES MY MASTER'S DEGREE QUALIFY ME FOR THE H-1B MASTER'S CAP?
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Many F-1 visa holders, particularly those who are engaged in OPT change their immigration status to become professional and specialty workers (H-1B workers). The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year. Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 capi. There are an additional 20,000 H-1B visas, which are limited to individuals who receive a master's degrees (or higher degree) from a United States College or University.
Immigration practitioners, F-1 students, and prospective H-1B employers should note that not every master's degree from a United States College or University qualifies a foreign national for the additional 20,000 H-1B visas under the H-1B "master's cap". In order for an individual to qualify for the master's cap, a few criteria need to be met. First, the degree must qualify as a master's degree. Additionally, the master's degree must be issued by a "U.S. institution of higher education" as defined by section 101(a) of the Higher Education Act of 1965.
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ABCs OF H-1Bs (THIS IS PART VI OF AN VIII PART SERIES): THE H-1B WAS CAP REACHED; DO I STILL HAVE A CHANCE OF GETTING AN H-1B VISA?
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In the first week of April during the last several years the U.S. Citizenship and Immigration Services ("USCIS") announced that it has received a sufficient number of H-1B petitions to reach the statutory cap, both regular and master's. Because of the surge of petitions filed, USCIS conducts a lottery (technically referred as "random selection process"), to determine which petitions received in the five-day submission period, the minimum time USCIS can accept petitions, will actually be considered. USCIS then begins sending receipt notices for the petitions selected in the random selection process.
The H-1B lottery is a very stressful time for thousands of potential H-1B Candidates. Until the prospective H-1B employers (or their legal representatives) start receiving receipt notices, and the dark clouds of uncertainty over prospective H-1B visa holders move past, the question worth asking and exploring is: "Do I still have a chance of getting an H-1B visa even if my H-1B petition does not make it to the H-1B cap?"
TO READ MORE, PLEASE CLICK HERE . . .
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TRAVEL BAN UPDATE: HAWAII AND MARYLAND DISTRICT COURTS RESTRICT IMPLEMENTATION OF PRESIDENT TRUMP'S SECOND EXECUTIVE ORDER OR TRAVEL/REFUGEE BAN.
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On March 15th, 2017, the U.S. District Court for the District of Hawaii issued a temporary restraining order (TRO) enjoining the government from enforcing or implementing Section 2 (90-day travel ban) and Section 6 (120-day ban on U.S. refugee program) of the March 6th, 2017, Executive Order (EO 13780) Nationwide. Also, lon March 16th, 2017, the U.S. District Court for the District of Maryland issued an injunction barring enforcement nationwide of Section 2(c) of the order. DOS announced that it will suspend implementation of the provisions of the Executive Order as required by the relevant court orders, and that U.S. embassies and consulates will continue to process visas for nationals of Syria, Iran, Libya, Somalia, Sudan, and Yemen.
***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.
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TPS UPDATE: EMPLOYMENT AUTHORIZATION DOCUMENT (EAD) VALIDITY EXTENDED FOR TPS EL SALVADOR BENEFICIARIES.
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USCIS is automatically extending the validity of certain EADs issued under Temporary Protected Status (TPS) for El Salvador for an additional 6 months. On July 8th, 2016, DHS announced the extension of the designation of El Salvador for TPS for a period of 18 months.
With that extension, DHS also automatically extended the validity of EADs issued under TPS El Salvador for 6 months, through March 9th, 2017. To avoid gaps in work authorization, USCIS is now automatically extending the validity of those EADs for an additional 6 months, through September 9th, 2017.
FOR MORE INFORMATION, PLEASE CLICK HERE . . .
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The
April 2017 Visa Bulletin
was recently released. Once again, there is no movement in the dates for filing (DF) chart. In the final action (FA) chart, the employment-based, second preference (EB2) category for India advances by three weeks, to June 2nd, 2008. EB2 China moves ahead by one month, to January 15th, 2013.
For the employment-based, third preference (EB3) category, India moves by a mere two days, to March 24th, 2005. EB3 China advances by five months, to August 15th, 2014. EB3 Philippines advances by six months, to September 15th, 2012.
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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 . . .
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AN H-1B SEASON VIDEO: H-1B SEASON REQUIRES THOUGHTS ABOUT OTHER OPTIONS: PROFESSIONAL AND SPECIALTY OCCUPATION WORK VISAS EXEMPT FROM THE H-1B CAP.
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There are H-1B Cap-Exempt employers that hire professionals on H-1B visa throughout the year regardless of the H-1B quota. Cap exempt employers are those establishments which are not subjected to the annual H-1B visa numerical limitation as set by the US Government. The 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. A for-profit entity related or affiliated with 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:"
The most common form of institutions of higher 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 with colleges and universities. Other types of 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:
The organization must meet both the criteria that the establishment be "not for profit" as well as a "research" entity.
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