UPCOMING
NPZ EVENTS:
Tri-State Conference 2017: President Trump's New Immigration
Initiatives, Impact of January 2017 Revisions of I-9 Form, Site Visits and Immigration-related Investigations. Considerations for HR Professionals.
When:
May 4th, 2017
Time: 11:00 AM to 12:15 PM
Where:
555 Fellowship Road, Mount Laurel, NJ 08054
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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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:: 201-670-0006 (X100)
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OUR OFFICES*:
NEW NORTHERN 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.
OUR NEW - CENTRAL NEW JERSEY OFFICE:
1348 U.S. 202
Neshanic Station
NJ 08853
Phone: 1-866-599-3625
NEW YORK CITY 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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We want to take a moment to wish all of our readers the best for a safe, happy and healthy holiday. The past few weeks were marked by increased concern from the business immigration community about potential for scrutiny, audits and investigations. We continue to assist our HR Professional clients to understand ways to insulate themselves (and their businesses) from immigration-related violations and associated penalties and the potential ripple effects of same.
As the vote (and appointment) of our new Supreme Court Justice took center-stage over the past several weeks, fights about the Travel Ban moved to the back-burner. While our new Supreme (Gorsuch) has a clear conservative bent, it remains to be seen whether a "measured" approach will be taken with regard to the U.S. immigration law. Several interesting and important immigration-related constitutional questions are knocking on SCOTUS' door. We will continue to keep our readers posted.
Since the premium program has been suspended for H-1B nonimmigrant visas effective on April 3rd (for a period of 6 months or so), we are unable to inform our readers about the results of the "lottery". This "nail biter" makes us think about the recent lawsuit filed against the government seeking clarification about the way the "lottery" is conducted. Hmmm.
Perhaps premium processing was suspended so the government could take time (never done before) to perform a "lottery" that can be properly documented for an appropriate response to a FOIA request. Perhaps premium processing was suspended so USCIS could perform an algorithm to determine how the "lottery" system is being used by multiple H-1B petitioners. Stay tuned . . . we smell RICO.
WE KNOW THE L-1 VISA CLASSIFICATION ALLOWS FOR COMPENSATION FROM ABROAD BUT a new precedent decision from the AAO (issued this past week) is important insofar as it highlights the critical intersection of the U.S. Labor and Employment Laws and U.S. Immigration and Nationality Laws.
In Matter of I-Corp., the USCIS clarifies that a petition cannot be approved if sponsorship is based upon an illegal or otherwise invalid employment agreement. In this case, the Indonesian wage offered to the prospective L-1B "specialized knowledge" beneficiary translated into $6.47 per hour which was below the Federally Mandated Prevailing Wage specified in the FLSA.
Check out AAO Precedent "Matter of I-Corp" . . .
We remind our readers that we are US and Canadian immigration and nationality lawyers and that we perform services for foreign nationals throughout the U.S. and the world. Please feel free to contact us if we can help you, your colleagues, your friends and/or your family members. Please feel free to contact us at
info@visaserve.com or you can call our offices at 201-670-0006 (x107).
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H-1B NONIMMIGRANT WORK VISA UPDATE: With a Looming Cloud of Anticipated Investigations, Audits and Site Visits, USCIS Reaches FY 2017-2018 H-1B Cap.
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U.S. Citizenship and Immigration Services has reached the congressionally mandated 65,000 visa H-1B cap for fiscal year 2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, also known as the master's cap.
The agency will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. However, please keep in mind USCIS suspended premium processing April 3 for up to six months for all H-1B petitions, including cap-exempt petitions. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally mandated FY 2018 H-1B cap. USCIS will continue to accept and process petitions filed to:
TO READ MORE, PLEASE CLICK HERE . . .
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WHAT IF MY CASE DID NOT GET CHOSEN IN THE H-1B LOTTERY: EXPLORING WORK VISA OPTIONS BEYOND THE H-1B CAP [i] (PART VII of an VIII Part Series). By: Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - immigration and nationality lawyers.
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Last year USCIS announced earlier that it received approximately 172,500 H-1B petitions for the fiscal year 2016. Once the lottery (also referred as "random selection process") has been completed USCIS starts to send receipt notices. With uncertainty looming large as to who may or may obtain an H-1B in the 2017-2018 H-1B Fiscal Year Lottery, it is time that prospective H-1B visa beneficiary hopefuls start exploring other work visa options that may allow them to work and live in the United States on a temporary basis.
This article provides a snapshot of possible work visa options that may be available to prospective H-1B nonimmigrant work visa beneficiaries who do not get chosen to be among the lucky few who are chosen to be in the 2017-2018 Fiscal year H-1B cap.
TO READ MORE, PLEASE CLICK HERE . . .
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U.S. JUSTICE DEPARTMENT CAUTIONS EMPLOYERS SEEKING H-1B VISAS NOT TO DISCRIMINATE AGAINST U.S. WORKERS.
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The Justice Department cautioned employers petitioning for H-1B visas not to discriminate against U.S. workers. The warning came as the federal government began accepting employers' H-1B visa petitions for the next fiscal year. The H-1B visa program allows companies in the United States to temporarily employ foreign workers in specialty occupations such as science and information technology.
The anti-discrimination provision of the Immigration and Nationality Act (INA) generally prohibits employers from discriminating against U.S. workers because of their citizenship or national origin in hiring, firing and recruiting. Employers violate the INA if they have a discriminatory hiring preference that favors H-1B visa holders over U.S. workers.
TO READ MORE, PLEASE CLICK HERE . . .
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THERE HAS BEEN A RECENT INCREASE IN IMMIGRATION ENFORCEMENT ACTIONS: What Defenses Are Available to Persons Facing Deportation?
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Deportation proceedings, now referred to as Removal Proceedings, can be frightening. Your entire future in the United States is on the line. If you are the breadwinner of your family, you have more at stake: the stability and safety of your family. Once deported or removed from the U.S., it is usually very difficult to return to the United States legally. This does not have to be your fate.
There are several defenses available to permanent residents, documented and undocumented immigrants facing removal and/or deportation before an immigration judge who is appointed to serve as a head of a tribunal run by the Executive Office of Immigration Review (EOIR) commonly called "Immigration Court". Enlisting the assistance of an Immigration and Nationality Lawyer or Attorney who is specialized in removal and/or deportation proceedings can mean the difference between staying in the US or being permanently removed.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
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ISO UPDATE: USCIS INSTRUCTION FOR B-1/B-2 VISITORS WHO WANT TO ENROLL IN SCHOOL.
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Is it permissible to enroll in school while in B-1/B-2 status?
No, it is not. The regulations, at 8 CFR 214.2(b)(7), specifically prohibit a course of study in the United States while in B-1 or B-2 status.
Before enrolling in a course of study, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status. Enrolling in a course of study while in B-1/B-2 status will result in a status violation. Individuals in B-1 or B-2 status, who have violated their nonimmigrant status by enrolling in a course of study, are not eligible to extend their B status or change to F-1 or M-1 status. These regulations provide no exceptions.
To change your nonimmigrant status from B-1 or B-2 to F-1 or M-1, you must file a Form I-539, Application to Extend/Change Nonimmigrant Status and include the required fee and documents listed in the instructions.
You must maintain your B-1 or B-2 status while your Form I-539 is pending.
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USCIS ALERT: BATTLING FRAUD AND ABUSE IN THE H-1B VISA PROGRAM. WHAT THE FUTURE HOLDS.
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U.S. Citizenship and Immigration Services (USCIS) today announced multiple measures to further deter and detect H-1B visa fraud and abuse. The H-1B visa program should help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged. Protecting American workers by combating fraud in our employment-based immigration programs is a priority for USCIS.
Beginning April 3rd, USCIS will take a more targeted approach when making site visits across the country to H-1B petitioners and the worksites of H-1B employees. USCIS will focus on: Cases where USCIS cannot validate the employer's basic business information through commercially available data; H-1B-dependent employers (those who have a high ratio of H-1B workers as compared to U.S. workers, as defined by statute); and Employers petitioning for H-1B workers who work off-site at another company or organization's location.
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CBP UPDATES: CBP PROVIDES INFORMATION ABOUT THE INSPECTION OF ELECTRONIC DEVICES.
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Why You May Be Chosen for an Inspection?
You may be subject to an inspection for a variety of reasons, some of which include: your travel documents are incomplete or you do not have the proper documents or visa; you have previously violated one of the laws CBP enforces; you have a name that matches a person of interest in one of the government's enforcement databases; or you have been selected for a random search.
If you are subject to inspection, you should expect to be treated in a courteous, dignified, and professional manner. Because the border is a law enforcement environment, CBP officers may not be able to answer all of your questions about an examination that is underway. If you have concerns, you can always ask to speak with a CBP supervisor.
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DOS released the Visa Bulletin for May 2017, which includes "Application Final Action Dates" and "Dates for Filing Applications" for the family- and employment-based categories.
The Bulletin also contains notes regarding visa availability in employment-based preference categories; the scheduled expiration of the employment-based, fourth preference certain religious workers (SR) category and the employment-based, fifth preference (I5 and R5) categories; and the expectation that the Special Immigrant Visas allocated for Afghan nationals employed by or on behalf of the U.S. government in Afghanistan will be exhausted by June 1st, 2017.
USCIS has not yet advised whether it will accept adjustment of status applications for family- or employment-based petitions based on filing dates, rather than final action dates, in May 2017.
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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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NPZ LAWYERS LOOK AT THE H-1B LOTTERY -
LOTTERY AGAIN? SEEMS SO! STAY TUNED.
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The H-1B is a nonimmigrant 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 nonimmigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the U.S. effective January 17th, 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.
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NPZ LAWYERS TALK ABOUT TRUMP'S AIM TO DO
EXTREME VETTING: CHANGES TO THE VETTING PROCESS PROPOSED BY PRESIDENT TRUMP.
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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."
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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
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