UPCOMING
NPZ EVENT:
HR Indiana 2017: NEW I-9 FORM AND IMMIGRATION ENFORCEMENT DURING THE TRUMP ERA
Location:
Indiana Convention Center
JW Marriott
10s West Street
Indianapolis, IN 46204
Date:
August 30th, 2017
Time:
8:15 AM - 9:30 AM CT
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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The Banad Law Offices
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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Dear Readers:
The past two weeks have been a whirlwind for the immigration and nationality staff at the NPZ Law Group as we assisted with final preparations for the Indian International Film Awards - IIFA 2017 - which was held in New York City - IIFA 2017
For the past week, the New York City was "all about" the glitz and glamor that makes Bollywood the incredible movement that it has become. The Nachman Phulwani Zimovcak (NPZ) Law Group is pleased to be a supporter of Bollywood. One of our Managing Attorneys, Michael Phulwani, Esq., was recognized for his continuing service to Bollywood (and its growth and recognition in the United States).
We salute Michael Phulwani, Esq., and congratulate him for his Award! Please see the link below to see Michael Phulwani receive an Award at the IIFA 2017 Press Conference aired on international TV and held at the Sheraton Hotel in New York City last Thursday Night!
While the stars were buzzing around the Tri-state area, the USCIS was busy at work and introducing a NEW I-485 Form. This new form promises to bring more complexity to an already very onerous immigration law process. Our readers should continue to stay tuned.
Also, this past week, we have been guided by the Federal Courts to understand that grandparents are "close relatives" for the purposes of the parameters on the NEW Trump Travel Ban. We also remind our HR professional readers that they are going to see a NEW I-9 Form published in the FEDERAL REGISTER in the next several days and that this new Form will have to be used by all US employers to verify work authorization of all employees in the Fall.
We continue to remind our readers that we are US and Canadian immigration and nationality lawyers and that we would be pleased to assist you, your friends, your colleagues, or your family members with any US or Canadian immigration-related matters. Please feel free to e-mail to us at
info@visaserve.com
or you can also call our offices at 201-670-0006 (x107).
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The Supreme Court has decided to hear the Travel Ban case when its Fall Session begins in October 2017. In the meantime, the Court will allow the administration to implement parts of President Trump's second executive order (EO-2), which bans the entry of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen from the United States for at least 90 days and suspends the admission of all refugees for 120 days.
In a narrow decision, the Court ruled that the government can only enforce the travel ban against foreign nationals who do not have "a credible claim of a bona fide relationship with a person or entity in the United States." The next several weeks promise be be nothing but "confusing" while the courts try to decide what is a "bona fide relationship".
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MORE ABOUT THE TRUMP TRAVEL BAN: STATE OF HAWAII v. NEW TRUMP TRAVEL BAN - CLARITY OR MORE CONFUSION?
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On July 13th, 2017, the U.S. District Court for the District of Hawaii, modified the preliminary injunction that had previously been narrowed by the Supreme Court to prevent the government from enforcing the travel ban against individuals from the six affected countries who have a credible claim of a bona fide relationship with a person or entity in the United States. The District Court overturned the DOS and DHS FAQs noted in its press release dated 06/29/2017 and concluded that the travel ban cannot be enforced against 1) Grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States; and 2) Refugees who have a formal assurance from a resettlement agency in the United States or who are part of the Lautenberg Program.
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NEW ENTREPRENEUR PAROLE RULE UPDATE: DHS DELAYS THE EFFECTIVE DATE OF THE INTERNATIONAL ENTREPRENEUR FINAL RULE.
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On July 11th, 2017, the Department of Homeland Security (DHS) temporarily delayed the effective date of the International Entrepreneur Final Rule (82 FR 5238). This delay will provide DHS with an opportunity to obtain comments from the public regarding a proposal to rescind the rule pursuant to Executive Order (E.O.) 13767, ''Border Security and Immigration Enforcement Improvements.'' On January 17th, 2017, DHS published the International Entrepreneur Final Rule (the IE Final Rule) in the Federal Register with the effective date of July 17th, 2017 which is now delayed until March 14th, 2018 as per the recent DHS announcement (July 11th, 2017).
The Final Rule applied to international entrepreneurs who can demonstrate that their parole into the US under section 212(d)(5) of the Immigration and Nationality Act (INA) would provide a "significant public benefit" to the US. In accordance with the final rule's criteria, such potential would be indicated by, among other things, the receipt of significant capital investment from U.S. investors with established records of successful investments, or obtaining significant awards or grants from certain Federal, State or local government entities. In addition to defining criteria for the favorable exercise of the Secretary's discretionary parole authority, the Final Rule established a period of initial parole stay of up to 30 months (which may be extended by up to an additional 30 months) to facilitate an applicant's ability to oversee and grow his/her start-up entity in the United States.
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I-9 UPDATE RECENTLY ANNOUNCED: REVISED FORM I-9 TO BE PUBLISHED ON JULY 17
TH.
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USCIS will release a revised version of Form I-9, Employment Eligibility Verification Form, on July 17th. Employers will be able to use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through September 17th. On September 18th, employers must use the revised form with a revision date of 07/17/17 N. Employers must continue following existing storage and retention rules for any previously completed Form I-9.
Form I-9 is used for verifying the identity and employment authorization of all individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens.
Both employees and employers (or authorized representatives of the employer) must complete the I-9 Form. On the Form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine on their face and relate to the employee and to record document information on the Form I-9.
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In the wake of IIFA 2017, many folks have been asking us about O and P visas. The following is a brief way that we do the analysis.
QUERY: Am I eligible to receive a P-3 visa?
RESPONSE: For certain artists or entertainers, the P-3 temporary worker visa may allow you to engage in work on a "culturally unique" program within the United States. The P-3 visa may assist those that are looking to enter the U.S. to teach, perform, or coach as an entertainer or artist under a program that is deemed culturally unique. There are several benefits to this visa type for eligible immigrants. The experienced US immigration lawyers at NPZ Law Group offer an overview of the P-3 visa and its eligibility requirements below.
To receive a P-3 visa, you must demonstrate that you are coming to the U.S., either on your own or as part of a group, for the purpose of interpreting, developing, coaching, teaching, or representing a traditional or unique ethnic, theatrical, artistic, cultural, musical, or folk performance or presentation.
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NEW GREEN CARD APPLICATION IS ANNOUNCED: USCIS INTRODUCES REDESIGNED FORM FOR GREEN CARD APPLICANTS.
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On June 26
th
, 2017,
U.S. Citizenship and Immigration Services published a revised Application to Register Permanent Residence or Adjust Status (Form I-485). The new Form I-485 and instructions have been substantially updated to reduce complexity after collecting comments from the public and stakeholders.
The revised version gives applicants better information to accurately complete Form I-485, including clear navigation to the parts of the form and instructions that are relevant to the applicants' specific situations. These updates should increase the efficiency of the adjudication process by reducing errors and requests for evidence. Applicants living in the United States file Form I-485 to adjust their immigration status and become lawful permanent residents, which allows one to live and work permanently in the United States. Adjusting status is a critical step for those seeking U.S. citizenship.
Beginning June 26
th
, 2017 there will be a 60-day grace period during which USCIS will accept both the 01/17/17 and 06/26/17 editions of Form I-485 and Supplement A and J. Beginning August 25th, USCIS will only accept the revised Form and Supplement A and J of Form I-485 and will no longer accept earlier versions of either form.
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USCIS FORM UPDATE: USCIS INTRODUCES A NEW I-485 FORM.
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U.S. Citizenship and Immigration Services today published a revised Application to Register Permanent Residence or Adjust Status (Form I-485).
The new Form I-485 and instructions have been substantially updated to reduce complexity after collecting comments from the public and from stakeholders.
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DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR AUGUST 2017 - IF YOUR "PRIORITY DATE" IS CURRENT PLEASE LET US KNOW?
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The DOS released the
August 2017 Visa Bulletin. In the final action (FA) chart, the cutoff dates in the employment-based, first preference (EB1) category remain unchanged, leaving India and China stuck at January 1st, 2012. In the employment-based, second preference (EB2) category, the only forward movement is for China, which advances by one month, to April 22nd, 2013. EB2 India remains at July 22, 2008. Meanwhile, the EB2 cutoff dates for all other countries of charge ability retrogress to April 1st, 2015; these will return to being current, however, on October 1st, 2017, the first day of fiscal year 2018.
In the employment-based, third preference (EB3) category, India's cutoff date moves up by five months, to July 15th, 2006. EB3 Philippines surges ahead by more than a year, to a new cutoff date of June 1st, 2015. EB3 China's cutoff date holds firm, at January 1st, 2012. Moreover, the EB3 other workers category for China retrogresses by more than two years, to January 1st, 2004.
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CANADA IMMIGRATION UPDATES FROM NPZ'S CLG.
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THE CANADA CORNER: NPZ Law Group's Canadian Law Group Managing Lawyer, Veronique Malka.
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 On June 8th, 2017, our Canadian Law Group's managing lawyer, Veronique Malka, a member of the Executive of the Canadian Bar Association, spoke to an audience of immigration lawyers in Toronto, at the Ontario Bar Association. The Topic was the hot button issue of navigating the U.S. - Canada border in the era of Trump and Trudeau. She was joined by a panel of seasoned cross-border immigration experts on the subject. The discussion concerned key issues such as the future of the North American Free Trade Agreement, what is actually happening at the U.S. and Canadian borders, President Trump's executive orders, and upcoming other immigration legal changes in the United States.
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NAFTA, A VIEW FROM THE NORTH - Will NAFTA BE TRUMPED? By Veronique Malka
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 Canadian and U.S. immigration lawyers have been concerned about the future of the NAFTA, a treaty which has been serving as a useful vehicle to facilitate the cross-border admission of foreign workers in North America since 1994. Throughout his campaign for the Presidency of the U.S.A, President Trump announced that he would be withdrawing from the NAFTA, the North American Fair Trade Agreement, an agreement signed by Mexico, the United States, and Canada, allowing for more open commercial trade between the three countries. It became into force in 1994. Trump's reasoning for withdrawing from NAFTA is that the agreement's downfalls outweigh its benefits to the United States. However, his decision to Trump NAFTA encompasses many obstacles which will need to be overcome in order to move forward with this plan.
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NPZ ASSISTS THE GREATER BRAZILIAN COMMUNITY - OUR STAFF SPEAKS PORTUGUESE AND MANY OTHER LANGUAGES.
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Como solicitar o visto de visitante de intercâmbio, o J-1?
O visto J-1 é um tipo de visto não-imigrante concedido pelos Estados Unidos a professores, estudantes, empreendedores e outros que vão ao país participar de iniciativas que promovem intercâmbio cultural. O visto J-1 para o Programa de Visitante de Intercâmbio (EVP, na sigla em inglês) permite a entrada nos EUA de cerca de 300 mil visitantes estrangeiros de mais de 200 países a cada ano.
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Para alguns artistas e pessoas que trabalham no mundo do entretenimento, o visto de trabalho temporário P-3 pode permitir que esses profissionais participem de um programa que é considerado culturalmente único nos Estados Unidos.
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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 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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