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
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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 . . .
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:: 201-670-0006 (X100)
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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).
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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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As the month of June draws to a close the immigration and nationality lawyers at the Nachman Phulwani (NPZ) Law Group, remind our loyal readers that a new "Entrepreneur Parole" rule is only a few weeks away from implementation. Additionally, we are closely monitoring the challenges to President Trump's Travel ban. We anticipate that a Supreme Court showdown is right around the corner.
This past week NPZ lawyers continued pro bono outreach through a variety of NGO organizations and their members. We continue to remind foreign nationals in the U.S. that they do possess constitutional protections. If any of our readers are not familiar with these rights, we invite them to e-mail to us at info@visaserve.com and will will send a "Know Your Rights" card that they can carry with them always.
We continue our extensive outreach into the Hispanic, Portuguese, Gujarati and Israeli communities (among others). If you may be interested in organizing a FREE presentation with or through an NGO or a Professional Association or Organization (by a member of our staff), please let us know.
Some recent changes to the USCIS Directorate seem to point in the direction of H-1B reform. Of course, this is no surprise to our immigration lawyers and immigration staff given the recent uptick in H-1B and L-1A audits and investigations that appear to have been initiated in all industrial sectors.
The U.S. and Canadian immigration and nationality lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group continue to closely monitor recent developments in the U.S. and the Canadian immigration and nationality arenas. We do so in order to continue to better serve our clients.
If you, your family, your friends or your colleagues require any immigration and/or nationality law assistance, please feel free to e-mail us at info@visaserve.com or call us at 201-670-0006 (x107).
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TRUMPISM UPDATE: VISAS MANTIS AND IMPLICATIONS FOR TRUMP'S "EXTREME VETTING".
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In recent months, a Presidential Memorandum, leaked Department of State cables, and a Federal Register notice have detailed the Trump Administration's plans to implement "Extreme Vetting" of individuals determined by consular officers to warrant additional scrutiny in connection with terrorism or other national security-related ineligibilities. Although it is impossible to know what the exact implementation mechanism and full impact of "Extreme Vetting" will be on individuals seeking U.S. visas at this early stage in the process, it may useful to apply the lessons of the VISAS MANTIS program, which was established in 1998 to apply increased scrutiny in connection with illicit technology transfer.
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DHS UPDATE FOR INTERNATIONAL STUDENTS: Summer Vacation Reminders for F-1 Students.
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As several U.S. schools prepare to end their current terms and begin a summer recess, we want to remind F-1 students to regularly visit the "Study in the States" blogsite during your break to keep informed about maintaining your status.
To help kick-off the summer vacation, take a minute to re-read some of these previously published "Study in the United States" posts written specifically to help F-1 students prepare for their time away from the classroom.
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DHS CHANGE OF STATUS UPDATE: B-1/B-2 Visitors Who Want to Enroll in School .
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Per the federal regulations, B-1 and B-2 nonimmigrants (i.e., visitors who are in the United States for business and pleasure purposes) are prohibited from enrolling in a course of study at a U.S. Student and Exchange Visitor Program (SEVP-certified school).
If you are a B-1 or B-2 nonimmigrant and wish to study at a U.S. school, you must file a Form I-539, "Application to Extend/Change Nonimmigrant Status," with the U.S. Citizenship and Immigration Services (USCIS) to change to either an F-1 or M-1 status and pay the required fee and include the required documents listed in the instructions. While your Form I-539 is pending, you must maintain your B-1 or B-2 status and cannot enroll in your SEVP-certified program until USCIS approves your change of status request. Enrolling in a course of study as a B-1 or B-2 nonimmigrant, prior to receiving authorization, will result in a status violation and ineligibility to extend your B status or change to F-1 or M-1 status in the future.
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STEM OPT REMINDER: ONE YEAR OF THE 24-MONTH STEM OPT EXTENSION.
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On May 10th, 2016, the U.S. Department of Homeland Security's rule for the 24-month science, technology, engineering and mathematics (STEM) optional practical training (OPT) extension went into effect.
The rule strengthened oversight of the STEM OPT extension and enhanced DHS' mission by requiring that:
Students work with their employer to complete a Form I-983, "Training Plan for STEM OPT Students," that clearly articulates a student's learning objectives and their employer's commitment to helping them achieve those objectives.
DHS performs site visits to employers that train STEM OPT students to confirm that the information included on the student's Form I-983 is accurate and reduces the potential for abuse of the STEM OPT extension.
Students, employers and designated school officials each complete specific reporting requirements throughout a student's STEM OPT extension.
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H-1B WORKAROUND? AS THE H-1B VISA IS SLOWLY DISMANTLED, INDIAN IMMIGRANTS LOOK TO THE EB-5 VISA.
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What are the requirements for an EB-5 visa?
The H-1B visa program will soon be changing. President Trump has stated that he will sign an executive order calling for review of the H-1B immigration visa. Through the H-1B program, companies can bring in immigrant workers who work in a specialty occupation. Specialty occupations could include technology, chemistry, social sciences, education, law, and the like. In practice, most H-1B visas have gone towards workers in the technology field, with many coming out of India and Southeast Asia. Now, Indian workers looking to immigrate into the U.S. may turn to the EB-5 visa program.
The EB-5 immigrant investor visa program was created by Bill Clinton in the '90s. Under the program, immigrants can become a conditional permanent resident within two years and move towards permanent resident status shortly thereafter. To be eligible for the EB-5 visa, the alien must have established a business or invested in an existing business. Investments must amount to at least $500,000 or $1 million, depending on factors surrounding the business.
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USCIS TPS UPDATE: TEMPORARY PROTECTED STATUS FOR HAITI EXTENDED FOR ONLY SIX ADDITIONAL MONTHS.
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On May 24th, USCIS issued a press release stating that the Secretary of Homeland Security John F. Kelly has extended Temporary Protected Status (TPS) for eligible nationals of Haiti (and eligible individuals without nationality who last habitually resided in Haiti) through January 22nd, 2018. After consulting with the appropriate U.S. government agencies and reviewing country conditions, Secretary Kelly has determined that a limited, six-month extension is warranted. Although Haiti has made significant progress in recovering from the January 2010 earthquake that prompted its designation, conditions in Haiti supporting its designation continue to be met at this time.
Current beneficiaries of Haiti's TPS designation seeking to extend their TPS must re-register by July 24th, 2017. TPS beneficiaries who re-register may request a new Employment Authorization Document (EAD). Those who re-register and request a new EAD during the 60-day re-registration period may receive an automatic extension of their expiring EAD for up to 180 days from the date their current EAD expires.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
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PERM UPDATE: OFLC ANNOUNCES A CHANGE TO THE PERM SPONSORSHIP VERIFICATION PROCESS.
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The Office of Foreign Labor Certification (OFLC) is currently working to streamline the PERM sponsorship verification process. Effective May 13th, 2017, OFLC updated the automated email request for sponsorship verification process, allowing the employer to respond within 30 days by directly accessing the sponsorship questionnaire online. Employers who do not respond within seven (7) calendar days will be sent a follow up email reminding them that it has 23 days left to respond to the sponsorship request.
If applicable, the employer's attorney/agent will also receive a courtesy e-mail regarding the employer's timeframe to respond to the sponsorship request. Failure to respond to the request within the established timeframe will result in a denial for failure to comply with the request for sponsorship verification. These emails will inform both the employer and the employer's attorney/agent of the consequences of failing to comply with the request for sponsorship verification.
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DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR JUNE 2017 - IF YOUR "PRIORITY DATE" IS CURRENT PLEASE LET US KNOW?
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Employment-Based Preference Categories. Increased demand across the employment-based preferences, including EB-4 and EB-5, has significantly decreased the "otherwise unused numbers" which have traditionally trickled up to EB-1 and potentially down to EB-2. For example, in FY 2016, Special Immigrant Juvenile cases used more than 50% of the entire EB-4 annual limit, thus preventing many of those 5,200 numbers to potentially become available for use by EB-1 applicants. This, together with high EB-1 Worldwide demand, has contributed to a situation where EB-1 India and EB-1 China now have a final action cut-off date, and in which EB-2 China and EB-2 India number usage is restricted to their annual limits. This is creating significant pressure on these categories that is not likely to abate in the foreseeable future.
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CANADA IMMIGRATION UPDATES FROM NPZ'S CLG.
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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.
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NPZ ASSISTS THE GREATER BRAZILIAN COMMUNITY - OUR STAFF SPEAKS PORTUGUESE AND MANY OTHER LANGUAGES.
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Solicitar o green card por meio do casamento com um cidadão dos Estados Unidos é o meio mais rápido de se tornar residente permanente e posteriormente cidadão americano. Os solicitantes do green card por esse meio, porém, podem enfrentar desafios para serem aprovados.
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O Departamento de Segurança Interna dos Estados Unidos (DHS, na sigla em inglês) divulgou a versão final da Regra Internacional de Empreendedor, que altera os regulamentos quanto à autoridade condicional (tradução livre para o termo em inglês "parole", que também significa liberdade condicional) da agência para impulsionar o empreendedorismo, a inovação e a criação de empregos no país.
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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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