UPCOMING
NPZ EVENTS:
The New Face of Immigration Law Enforcement: What Employers Need to Know about the New I-9 Form & Other Audits and Investigations.
When: Monday, October 16th, 2017
Time: 1 PM to 2:30 PM
Where:
1 Convention Boulevard, Atlantic City, New Jersey 08401
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What HR Professionals Need To Know About Form I-9 in a Trump Era.
When: Monday, October 16th, 2017
Time: 3:15 PM to 4:15 PM
Where:
1 Convention Boulevard, Atlantic City, New Jersey 08401
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 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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Dear Readers:
The really big immigration law news continues to the proposed end to the Deferred Action For Childhood Arrivals (DACA). However, this announcement seems to have moved our Nation one step closer to the possibility of passage of some form of Comprehensive Immigration Reform (CIR). The announcement about DACA by the Trump Administration ignited a flurry of proposals in Congress to rectify the injustices that have been thrust upon the "Dreamers" living and working in the US.
What continues to be extremely frustrating is that the media still seems to NOT get it right. Over and over we hear the media refer to the DACA program as an "Executive Order". We need to remind everyone that the DACA program was an "Executive Action" which was a logical extension of the Memo and pronouncements of Julie Meyers and John Morton (the "Morton Memo"). It will be interesting to see how constitutional challenges to the DACA rescission shake-out in the Federal Courts.
As diplomatic and political tensions mount in the pacific rim, we continue to closely monitor the increased "extreme vetting" process proposed by and implemented by President Trump through one of his Executive Orders. Last week Attorneys from the NPZ Law Group attended the Stakeholder's Meeting at the Vermont Service Center of the US Department of Homeland Security (VSC).
We had a chance to speak with the VSC Directorate and the Washington DC Supervisors and to hear how the "Buy American and Hire American" Executive Order will impact the US immigration and naturalization law process. Of course, the immigration lawyers at the NPZ Law Group will continue to keep you, and the members of your staff, apprised of the potential impact of any new memos or guidance that deal with these issues.
We remind our readers that we are immigration and nationality lawyers and attorneys and that we would be more than happy to assist you, your friends, your family, or the members of your Human Resources staff, with regard to any immigration transfers to the United States (or to Canada). For more information please feel free to contact us at
info@visaserve.com or you can feel free to contact us by phone at 201-670-0006 (x107).
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DEFERRED ACTION FOR CHILDHOOD ARRIVALS: 2017 RESCISSION ANNOUNCEMENT - WHAT IT REALLY MEANS.
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On
September 5th, 2017
, the Department of Homeland Security (DHS) initiated the orderly phase-out of the program known as Deferred Action for Childhood Arrivals (DACA). DHS will provide a limited, six-month window during which it will consider certain requests for DACA and applications for work authorization, under specific parameters.
Next Steps for Phasing Out DACA:
All DACA benefits are provided on a two-year basis, so individuals who currently have DACA will be allowed to retain both DACA and their work authorizations (EADs) until they expire.
USCIS will adjudicate, on an individual, case by case basis:
- Properly filed pending DACA initial requests and associated applications for employment authorization documents (EADs) that have been accepted as of September 5th, 2017.
- Properly filed pending DACA renewal requests and associated applications for EADs from current beneficiaries that have been accepted as of the date of this memorandum, and from current beneficiaries whose benefits will expire between September 5th, 2017 and March 5th, 2018 that have been accepted as of October 5th, 2017.
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FREQUENTLY ASKED QUESTIONS: RESCISSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA).
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On September 5
th
, 2017, U.S Department of Homeland Security issued a frequently asked questions on the Rescission of the Deferred Action for Childhood Arrivals (DACA) Program. Questions such as (1) Why is DHS phasing out the DACA program? (2) What is going to happen to current DACA holders? (3) What happens to individuals who currently have an initial DACA request pending? (4) What happens to individuals who currently have a request for renewal of DACA pending? (5) Is there still time for current DACA recipients to file a request to renew their DACA? and many other FAQs have been addressed by DHS in this release.
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NACHMAN PHULWANI ZIMOVCAK (NPZ) LAW GROUP ECHOS THE DEPARTMENT OF STATE'S ANNOUNCEMENT ABOUT THE 2019 DIVERSITY VISA LOTTERY. AS WE HAVE SAID IN THE PAST . . . "IF YOU ARE NOT IN IT, YOU CANNOT WIN IT!
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The 2019 Diversity Visa Lottery Program (DV-2019) will commence at noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 3rd, 2017, and will close at noon, EDT, Tuesday, November 7th, 2017. Applicants must submit entries electronically during this registration period using the electronic DV entry form (E-DV) at www.dvlottery.state.gov. Paper entries will not be accepted. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon, EDT, on November 7th, 2017.
By way of background, the congressionally mandated Diversity Immigrant Visa Lottery Program is administered on an annual basis by the Department of State (DOS) and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649) amended INA 203 and provides for a class of immigrants known as "diversity immigrants." Section 203(c) of the INA provides a maximum of 55,000 Diversity Visas each fiscal year to be made available to persons from countries with low rates of immigration to the United States. For Fiscal Year 2019, 50,000 Diversity Visas (DVs) will be available. There is no cost to register for the DV Program.
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I-9 FORM REMINDER: USE OF REVISED FORM I-9 BEGINS STARTING MONDAY SEPTEMBER 18TH.
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On July 17th, the USCIS released a revised version of Form I-9, Employment Eligibility Verification Form. 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.
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DOS FINAL RULE ON WAIVER OF PASSPORT AND VISA REQUIREMENTS DUE TO AN UNFORESEEN EMERGENCY.
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On September 5
th
, DOS published the final rule in the federal register regarding
a discretionary waiver of certain documentary requirements for nonimmigrants seeking admission to the U.S. when there is an unforeseen emergency. The rule is effective 10/5/17. CBP published a parallel final rule at 82 FR 41867
.
All nonimmigrants are required to present a valid, unexpired visa and passport upon arrival in the United States.
A nonimmigrant may apply for a waiver of the visa and passport requirement if, either prior to the nonimmigrant's embarkation abroad or upon arrival at a port of entry, the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) district director concludes that the nonimmigrant is unable to present the required documents because of an unforeseen emergency.
The CBP district director may grant a waiver of the visa or passport requirement pursuant to INA 212(d)(4)(A), without the prior concurrence of the Department of State, if the CBP district director concludes that the nonimmigrant's claim of emergency circumstances is legitimate and that approval of the waiver would be appropriate under all of the attendant facts and circumstances.
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USCIS ANNOUNCEMENT: IMMIGRATION HELP AVAILABLE TO THOSE AFFECTED BY HURRICANE IRMA.
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USCIS offers immigration services that may help people affected by unforeseen circumstances, including disasters such as Hurricane Irma.
The following measures may be available on a case-by-case basis upon request:
- Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
- Expedited processing of advance parole requests;
- Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
- Expedited adjudication of employment authorization applications, where appropriate;
- Consideration of fee waivers due to an inability to pay;
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DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR OCTOBER 2017 - IF YOUR "PRIORITY DATE" IS CURRENT PLEASE LET US KNOW?
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EB-1 China and India once again become "current" as does EB-2 Worldwide.
The US Department of State has released its October 2017 Visa Bulletin setting out per-country priority date cutoffs that regulate immigrant visa availability and the flow of status adjustments and consular immigrant visa application filings and approvals.
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NPZ ASSISTS THE GREATER BRAZILIAN AND PORTUGESE COMMUNITY - OUR STAFF SPEAKS PORTUGUESE AND MANY OTHER LANGUAGES.
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Quais as exigências para obter o visto P-1A?
Se você é um atleta que foi contratado por una liga ou um time americano, você pode se qualificar para obter um visto P-1A que pode permitir que você imigre para os Estados Unidos. O visto P-1A está disponível apenas para um grupo seleto de atletas. Para os que atendem às exigências, este tipo de visto pode fornecer as condições necessárias para obter o direito de viver e trabalhar nos EUA.
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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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FALL SEASON IMMIGRATION UPDATE UNDER THE TRUMP ADMINISTRATION.
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President Donald Trump announced his support Wednesday for legislation that would cut in half the number of legal immigrants allowed into the United States while moving to a "merit-based" system of entry.
"That is why we are here today: Merit-based," said Trump, who was joined in the White House Roosevelt Room by the bill's Senate sponsors, Tom Cotton, R-Ark., and David Perdue, R-Ga.
The RAISE Act, which Cotton and Perdue introduced in February, would scrap the current lottery system to get into the U.S. and instead institute a points-based system for earning a green card.
Factors that would be taken into account include English language skills, education, high-paying job offers and age. The number of legal immigrants would be reduced by 50 percent over 10 years.
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