UPCOMING
NPZ EVENTS:
Webinar- Immigration Related Employment Audits and Investigations
Location:
Online
Date:
May 24th, 2017
Time:
12:00 PM - 1:40 PM ET
- - - - -
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
- - - - -
Building Bridge or Building Walls? Crossing the Canada - U.S. Border in the Era of Trudeau and Trump
When:
Thursday, June 8th, 2017
Time:
3 PM to 4:30 PM
Where:
Twenty Toronto Street Conference and Event
20 Toronto Street
2nd Floor
Toronto, CANADA
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
----------------
|
|
- - - - - - - - - - - -
:: 201-670-0006 (X100)
|
|
OUR OFFICES*:
NORTHERN NEW JERSEY OFFICE:
VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006 (x107)
Please feel free to ask about our Branchburg, 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).
- - - - - - - - - - -
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)
|
|
|
|
As many continue to experience the ripple effects of "Trump travel" we continue to remind prospective international travelers to be sure that they understand the vague nuances associated with the nonimmigrant or immigrant classifications they may be seeking when entering the U.S.
International travel continues to be a tricky and often risky proposition. While it continues to be a very conservative approach, NPZ Law Group encourages reduction and/or elimination of international travel, if and when possible. With additional guidance about what is "extreme vetting", we remain mindful of the very subjective nature of admissibility determinations.
Enforcement in the H-1B arena continues to percolate. Interestingly, many investigations seem to be initiated by the USDOS. DOS and DHS seem to be "knocking on doors" at IT companies and auditing "Public Access Files" as well as the accuracy of third-party worksite designations and accurate LCA information generally. We encourage keen attention to detail in the his regard.
As the Trump Travel Ban challenges slowly wind through the U.S. Federal Court system, the vast majority of US business and family-based immigration law benefits continue to be available and remain unscathed amidst a vast array of "Trump-isms".
The Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group continue to assist clients with US and Canadian immigration law matters. We would be pleased to assist you, your organization, your friends (or your family members) with regard to their immigration law matters. Please feel free to contact us by email at
info@visaserve.com or call us at 201-670-0006 extension 107.
|
USCIS UPDATE: CAP GAP FOR STUDENTS WITHOUT A H-1B APPLICATION REJECTION OR DECISION.
|
USCIS announced on May 3rd, 2017, that data entry for FY2018 has been completed and that petitions not selected in the lottery would begin to be returned. However, it may take several weeks for all unselected petitions to be returned. In the interim, for those cases where neither a receipt nor a rejection notice has been received, students may continue to benefit from an automatic cap-gap extension until a rejection notice is received. Once such a notice is received, a student has the standard 60-day grace period starting from the date of the rejection notice or their program end date, whichever is later, to prepare for and depart the United States.
|
GETTING THE GREEN CARD THROUGH FAMILY SPONSORSHIP: One Way To Immigrate to the U.S.
|
One way of permanently immigrating to the U.S. is through sponsorship from one of your close relatives. This falls under the category of family-based immigration and it is one of the ways Congress has emphasized the importance of family unification in American Immigration Law. There are numerous important criteria that need to be met in order to successfully qualify a family relationship as eligible for family-based immigration and in order for an individual in that process to qualify as a relative's sponsor.
To act as sponsor, the petitioner must first be either a U.S. citizen or a lawful permanent resident of the United States and be able to provide documentation proving his or her status. A lawful permanent resident, also referred to as a green card holder, is defined as a foreign national who has been granted the privilege of permanently living and working in the United States. An important notion for green card holders to understand is that, under certain circumstances, the green card can be rescinded, revoked or terminated. It is important for green card holders to be properly educated about the requirements for properly maintaining lawful permanent residence in the U.S.
TO READ MORE, PLEASE CLICK HERE . . .
|
DOS UPDATES: STATE DEPARTMENT OUTLINES 'EXTREME VETTING' MEASURES FOR U.S. VISA APPLICANTS.
|
Recently, the U.S. Department of State ("DOS") issued a notice in the Federal Register that it proposes to carry out President Trump's goal of "extreme vetting" by requesting information from a subset of visa applicants (both immigrant and nonimmigrant) worldwide "in order to more rigorously evaluate applicants for terrorism or other national security-related visa ineligibilities."
The Department proposes to request the information such as Travel history during the last fifteen years, including source of funding for travel; Address history during the last fifteen years; Employment history during the last fifteen years; All passport numbers and country of issuance held by the applicant; Names and dates of birth for all siblings; Name and dates of birth for all children; Names and dates of birth for all current and former spouses, or civil or domestic partners; Social media platforms and identifiers, also known as handles, used during the last five years; and Phone numbers and email addresses used during the last five years.
|
PAROLE UPDATE: THE ENTREPRENEUR PAROLE RULE WILL BE EFFECTIVE ON JULY 15TH, 2017.
|
The U.S. Department of Homeland Security ("DHS") released its FINAL International Entrepreneur Rule, which amends regulations on DHS' parole authority to enhance entrepreneurship, innovation, and job creation in the U.S. The rule will be included in new section 8 C.F.R. § 212.19 and it establishes criteria for the use of parole authority of the DHS with respect to entrepreneurs of start-up entities who can demonstrate substantial potential for rapid growth and job creation which would provide a significant public benefit to the United States. The rule will become effective on July 17th, 2017.
"Parole" allows an individual, who may be inadmissible or otherwise ineligible for admission to the U.S., to be "paroled" for a temporary period. Parole is discretionary and such determinations are made on a case-by-case basis. An individual paroled into the U.S. is NOT formally "admitted" for purposes of immigration law. A "parolee" is not granted immigration status. Parole normally ends on the date the parole period expires or when parolee departs the United States or acquires an immigration status. Parole can be revoked at any time and without notice if DHS determines that this form of classification is no longer warranted or the beneficiary fails to comply with any of the conditions of parole.
|
EXECUTIVE ORDERS ON IMMIGRATION: An Analysis on the Present State of President Trump's Travel Ban Attempts. By: Snehal Batra, Esq.
|
Since his inauguration, President Donald Trump has spent his first 100 days in office issuing Executive Orders. Among them, Trump has signed two Executive Orders directing travel bans for non-U.S. citizens of certain Muslim-majority countries: on January 27, 2017, Executive Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the United States)); and a revised Order on March 6, 2017 Executive Order 13780. The first Executive Order sparked litigation in federal courts around the country, and many suits are continuing forward to challenge the revised Order.
Executive Orders are controversial because it seems to override our system of checks and balances. However, the President has broad powers to issue executive directives under Article II of the U.S. Constitution. In addition, the Immigration and Nationality Act (INA) section 212(f) gives the President broad authority to exclude certain individual aliens or class of aliens if it would be detrimental to the interests of the United States.
|
ANATOMY OF H-1B AUDITS AND INVESTIGATIONS
|
Following President Donald Trump's promise to crack down on fraudulent misuse of the H-1B visa program, a number of federal agencies have kicked-off joint efforts to re-interpret and re-enforce H-1B visa regulations. Already, a number of significant changes have been made to H-1B visa categorizations. Many employers of foreign workers will be affected by these changes and would be well-advised to act, as soon as possible, to ensure they are in compliance with the new changes.
If your firm employs foreign workers under the H-1B visa program, contact an H-1B audit and investigations attorney today so that you don't get caught bending the rules, even if out of ignorance.
The H-1B visa program was launched to help American companies hire foreign workers for jobs that require specialty skills. The law prescribes in detail the specialties that qualify for work visas as well as the application and record-keeping requirements for employing foreign workers. Employers are required by law to maintain a labor condition application (LCA) for every foreign worker they employ, alongside all relevant documentation, at their official place of business. If requested by the United States Department of Labor (USDOL), the file of each foreign worker should be availed one working day after it was requested.
Do not get caught flat-footed by federal compliance agents. Schedule a consult with an H-1B audit and investigations attorney at NPZ Law Group for advice on how to comply with the new regulations without hurting your business.
|
USDOS UPDATE: THE U.S. DEPARTMENT OF STATE PROMULGATES THE JUNE 2017 VISA BULLETIN - IF YOUR VISA PRIORITY DATE IS CURRENT, PLEASE LET US KNOW.
|
The
Visa Bulletin for June 2017
was released by the U.S. Department of State (DOS) this afternoon. For the month of June, there is no movement in the dates for filing (DF) chart. In the final action (FA) chart, the employment-based, first preference (EB1) category for India and China retrogresses to a January 1st, 2012 cutoff date. This category will return to being current for both countries on October 1st, 2017, which is the first day of fiscal year 2018 (FY18).
In the employment-based, second preference (EB2) category, the cutoff date for India advances only by one week, to July 1st, 2008. EB2 China advances by a few weeks, to March 1st, 2013. In the employment-based, third preference (EB3) category, India's cutoff date moves ahead by more than one month, to May 15th, 2005, while EB3 China holds steady at October 1st, 2014.
|
|
CANADA IMMIGRATION UPDATES FROM NPZ'S CLG.
|
|
|
Canada has just pronounced itself on how it views marriage fraud and its relationship to false sponsorships.
Do you remember the movie "Green Card," starring Gérard Depardieu, in which the protagonist from France (Depardieu) married a U.S. citizen solely to obtain permanent residence (the "green card") in the U.S.A.? Of course, à la Hollywood, in that movie the applicant ended up truly falling in love with the sponsor and they lived happily ever after. However, in real life, when there is marriage fraud, this almost never happens.
|
AUDIO: IMMIGRATION LAWYER VERONIQUE MALKA GIVES INTERVIEW ON NATIONAL RADIO ABOUT THE EFFECTS ON CANADIAN IMMIGRATION FOLLOWING THE TRUMP ELECTION.
|
Veronique Malka, the Managing Lawyer (Licenced in Ontario by the Law Society of Upper Canada, but practicing from the USA) at Canadian Law Group (a Canadian Immigration Firm in New Jersey) and an affiliate of the NPZ Law Group, gives an interesting interview.
|
NPZ ASSISTS THE GREATER BRAZILIAN COMMUNITY - OUR STAFF SPEAKS PORTUGUESE AND MANY OTHER LANGUAGES.
|
|
|
Uma forma de imigrar permanentemente para os Estados Unidos é ter o seu visto patrocinado por um dos seus parentes próximos. Esse processo se enquadra na categoria de imigração baseada na família e é uma das formas pelas quais o Congresso do país tem enfatizado a importância da unificação familiar na Lei de Imigração Americana. Há inúmeros critérios importantes que precisam ser cumpridos para que a pessoa atenda às exigências de modo que a sua relação familiar a qualifique para a imigração baseada na família, assim como para que um indivíduo nesse processo se enquadre na posição de familiar apto para patrocinar o visto.
|
|
|
O Serviço de Cidadania e Imigração dos Estados Unidos (USCIS, na sigla em inglês) anunciou em 3 de maio que concluiu o registro das informações das petições selecionadas para a cota do ano fiscal de 2018 pelo processo computadorizado randômico, conhecido como loteria. O USCIS começará agora a devolver todas as petições sujeitas a cota que não foram selecionadas. Devido ao volume elevado de aplicações, a agência não consegue precisar um prazo para quando todas essas petições serão devolvidas.
|
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 LAWYERS LOOK AT THE H-1B LOTTERY -
LOTTERY AGAIN? SEEMS SO! STAY TUNED.
|
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.
|
|
NPZ LAWYERS TALK ABOUT TRUMP'S AIM TO DO
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."
|
|
| |
|
