Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - U.S. and Canadian Immigration and Nationality Law Newsletter and Updates.
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In This Issue:
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FOR YOUR U.S. AND CANADA IMMIGRATION LAW QUERIES PLEASE FEEL FREE TO GIVE US A CALL.

:: 201-670-0006 
(ext. 100)


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UPCOMING EVENT:

Employer Immigration Compliance: I-9s and Beyond 

May 12th, 2020

Time: 9 am - 1 pm
 
Location: Sheraton Parsippany, NJ


Free admission but registration is required.  RSVP by 4/26/2020 to:  info@visaserve.com

3 HRCI & SHRM-CP credits available.

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HEAR ABOUT YOUR IMMIGRATION LAW ISSUE:

NPZ LAW GROUP - US and CANADA Immigration and Nationality Law Podcast Library is available to you
on . . .
 
 
 
 
 
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PRESS RELEASE: DAVID H. NACHMAN, ESQ.  CONTINUES
 TO SERVE
 AS CHAIR OF THE NJSBA INTERNATIONAL LAW COMMITTEE.


 
  David Nachman, Esq., one of the Managing Attorneys at the
 Immigration
 and Nationality Law Firm of Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - VISASERVE - continues to serve as Chair of the International Law Section of the New Jersey State Bar Association (NJSBA). 

 
KNOW YOUR RIGHTS!
 

If you are stopped by an Immigration Official or Police Officer; you can choose to ... 
 

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AT NPZ ... WE SPEAK YOUR LANGUAGE:
 
 
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NPZ'S OFFICES*:

NPZ'S 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.

NPZ'S CENTRAL NEW JERSEY OFFICE:
 
907 U.S. Highway
#202 North,
Raritan, NJ   
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:

201 North Illinois Street
16th Floor, South Tower
Indianapolis, IN 46204
Phone: 317-936-6600
 
CANADA AFFILIATED OFFICE:

VISASERVE - Canada
2980 Drew Road
Suite 225
Mississauga, 
ON L4T 0A7
Phone: 905-499-3853

INDIA AFFILIATED OFFICES:

Gujarat Office in India
 
If you are looking for
 a local contact in 
Gujarat (India), please 
call us or send us an 
email at 
and we will point you in the appropriate direction. We have numerous individuals and organizations with 
whom we have relationships in Gujarat and the organizations/persons with whom we work depend upon your demographics in 
Gujarat (India) and the type of case you may 
be calling about. 
 
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Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. (Mailing Address only - Offices
in Mumbai) . 
 
c/o Mr. Shishir Goyal, Authorized Agent 
  201 Nepean House 
85 Nepean Sea Road
Mumbai 400006, India 

Call us at 
201-670-0006 (x100) 
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)
Dear Readers:

Our phones are ringing off the hook about the Coronavirus Pandemic and its impact on immigration. The position of the Immigration and Nationality Lawyers (and Immigration Specialists) at the NPZ Law Group is that ...

"Incidences like these assist us to test our abilities to mobilize our workforce in a way like never before and to continue to deliver very best immigration law services to our clients throughout the US (and the world) even when faced with  challenges like we have never faced before. The Coronavirus Pandemic will likely help the US emerge stronger than ever ... once again proving the incredible resiliency of our nation's workforce!"
 
NPZ Law Group, P.C. continues to closely monitor coronavirus news and we are taking the necessary precautions to protect both our staff and our clients. In this vein, we are implementing the following protocols:
 
1.  We are limiting in-person meetings. Instead, client appointments, consultations, and conferences will take place via teleconference and video (as necessary and appropriate) under the circumstances.
 
2.  It is strongly suggested that visitors to our several offices be limited to those only for "essential operations" only.
 
3.  It is strongly recommended that documents (etc.) be sent to our office via FedEx or other methods by which tracking and confirmation of delivery may be possible.
 
The Nachman Phulwani Zimovcak (NPZ) Law Group - The VISASERVE Team - continues to be "open for business" (fully operational) and our staff of Immigration & Nationality Lawyers and Specialists continue to be equipped with the ability to work remotely. The NPZ Law Group staff continues to assure clients (and potential clients) that all government deadlines will be met. We pride ourselves on our ability to be able to continue to remain responsive to our client's immigration and nationality law needs on a 24x7 basis.
 
The VISASERVE Team is monitoring the current situation and adapting operations as needed for the safety and security of everyone. We thank you in advance for your understanding and cooperation. Most importantly, we hope everyone stays healthy and virus-free during this time.
 
We remind our readers that we are U.S. and Canadian Immigration and Nationality Lawyers and Specialists. We continue to offer a full spectrum of U.S. and Canadian immigration law services to to you, your friends, your family members and to HR Professionals and their staff members. You can check out our Immigration Law Services at  www.visaserve.com  and you can reach our offices by email at  info@visaserve.com
 or you can call us for an initial consultation anytime at 201-670-0006 (x107). Why try to navigate the "troubled waters" of the U.S. and Canadian Immigration Laws without the guidance and able assistance of the NPZ Law Group - VISASERVE?   
ABC's OF H-1Bs (THIS IS PART V OF AN VIII PART SERIES): DOES MY MASTER'S DEGREE QUALIFY FOR THE H-1B MASTER'S CAP? 
Many F-1 visa holders, particularly those who are engaged in OPT change their immigration status to become professional and specialty workers (H-1B workers). The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year. Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 cap. There are an additional 20,000 H-1B visas, which are limited to individuals who receive a master's degrees (or higher degree) from a United States College or University.

On January 30th, 2019, The Department of Homeland Security (DHS) posted a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. As a result, U.S. employers seeking to employ foreign workers with a U.S. master's or higher degree will have a greater chance of selection in the H-1B lottery in years of excess demand for new H-1B visas.
 
 
Calls from clients and potential clients are pouring-in to our US offices with regard to the impact of international travel on individuals in the US with ESTA. It needs to be noted that individuals in the US under ESTA cannot change or extend their stay in the United States. If an individual overstays an ESTA entry they will begin to accrue unlawful presence unless the US government announces a "emergent or humanitarian exception" to the general rule. NPZ immigration & nationality lawyers will continue to monitor the situation and report updates as necessary and appropriate. Please feel free to check out our website at www.visaserve.com  for updates on a regular basis. 

221G ADMINISTRATIVE PROCESSING UPDATES FROM THE DOS.
On March 3rd, 2020, the Department of State (DOS) made an update to the Consular Electronic Application Center (CEAC) website, an online portal for visa applicants. A visa applicant whose case previously displayed as being in "Administrative Processing" on his or her case status page now displays as being "refused." 
 
There has been no change in such applicants' actual cases. This is an administrative change to more accurately communicate case status to visa applicants. 
 
Visa applicants whose case status on CEAC had previously displayed as "Administrative Processing" had been refused under section 221(g) of the U.S. Immigration and Nationality Act (INA). 
 
JUDGE SLAPS USCIS IN SIGNIFICANT H-1B VISA COURT CASE - GOOD CASES MAKE GOOD LAW! 
A federal judge ruled U.S. Citizenship and Immigration Services (USCIS)   improperly denied an H-1B petition after the agency claimed the position did   not qualify as a "specialty occupation." This is the first known case where   a federal judge has analyzed whether the USCIS interpretation of its H-1B   regulation is entitled to deference under the recent Supreme Court Kisor   decision - and the judge determined the USCIS interpretation was not   entitled to deference. 

ISO/DSO/RO WITH SEVP UPDATES: CORONAVIRUS DISEASE (COVID-19) AND POTENTIAL PROCEDURAL ADAPTATIONS FOR F AND M NONIMMIGRANT INTERNATIONAL STUDENTS.
U.S. Immigration and Customs Enforcement's Student and Exchange Visitor Program (SEVP) sent participating colleges and universities the guidance on Monday (March 9th, 2020). The guidance suggests on how schools affected by the disease can report procedural adaptations, including online instruction or alternate physical location, to SEVP. Schools must notify SEVP of procedural adaptations within ten (10) business days of the change.
 
SEVP-certified schools should advise students traveling from countries impacted by COVID-19 to refer to guidance from the Centers for Disease Control and Prevention (CDC), U.S. Department of State (DOS) and U.S. Customs and Border Protection (CBP) for specific port-of-entry screening processes, as well as any travel restrictions. 

DOS UPDATES ITS INFORMATION ON PUBLIC CHARGE FOR VISA APPLICANTS.
The Department of State (DOS) began implementing its amended regulation regarding the public charge grounds of visa ineligibility starting February 24th, 2020.  Visa applicants should attend their visa interviews as scheduled.  Certain applicants may be asked to present or complete a DS-5540 at the visa interview.  Immigrant visa applicants are encouraged to complete the DS-5540 in advance. If a consular officer can assess public charge favorably for the applicant without a form, then the applicant will not be required to present the form. If a consular officer determines that he or she needs information collected in a DS-5540 and the visa applicant does not have that information readily available, then the applicant will be given an opportunity to provide the needed information.  DOS will inform applicants of any changes to current visa application procedure . 
 
DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR APRIL 2020 - IF YOUR "PRIORITY DATE" IS CURRENT PLEASE LET US KNOW?  YES, . . . WE KNOW . . . MOVEMENT HAS BEEN SLOW!  
This Visa Bulletin summarizes the availability of immigrant numbers during April  for: "Final Action Dates" and "Dates for Filing Applications," indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. 

 
CANADIAN IMMIGRATION LAW NEWS .

EXPRESS ENTRY DRAW TO APPLY FOR PERMANENT RESIDENCE.
The processing standard for applications sourced via Express Entry is six months for 80% of cases. Processing time is measured beginning from the day a complete application is received until a final decision is made by an immigration officer.

On February 19th, 2020, The Minister of Citizenship and Immigration issued 4,500 Invitation to Apply ("ITA") for Permanent Residence under the Express Entry system. The minimum Comprehensive Ranking Score ("CRS") is currently 470, a decrease by two points from the previous CRS draw held February 5th, 2020.
 
IN CANADA ... OPEN WORK PERMIT FOR VULNERABLE WORKERS.
The Immigration, Refugees and Citizenship Canada recently updated instructions on the open work permit for vulnerable workers in Canada. 

The migrant workers in Canada on employer-specific work permits who are experiencing abuse, or who are at risk of abuse, in the context of their employment in Canada may be eligible to receive an open work permit that is exempt from the Labor Market Impact Assessment (LMIA) process, per section 207.1 of the Immigration and Refugee Protection Regulations (IRPR).
 
 

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 . . .

 
H-1B VISA (A VIDEO): REGISTRATION FOR THE H-1B THROUGH MARCH 20TH, 2020 - THE NEW FACE OF THE H-1B VISA PROCESS - REGISTRATION.


The U.S. Department of Homeland Security on November 8th 2019 published a final rule to establish an electronic registration program for H-1B petitions for FY 2020. This NEW H-1B registration will require a $10.00 registration fee for the cases that will have to be filed by the April 1st, 2020 cap season deadline. The H-1B Lottery is to be run by the USCIS before April 1st 2020. The Immigration and Nationality Lawyers at NPZ LAW GROUP - VISASERVE - stand ready, willing and able to assist you and/or your HR staff with regard to H-1B Registrations.  
 
In order to submit an H-1B registration, you must first create a USCIS online account.
 
Prospective petitioners (also known as registrants) will use a new "registrant" account that became available as of Feb. 24. Registrants will not be able to add additional information after they select "I am an H-1B registrant" account type until the initial registration period opens at noon Eastern on March 1. Registrants submitting their own registrations will enter their company information as part of their first H-1B registration. Registrants working with a representative will review company information that the representative enters. Please see the video below for instructions about setting up registrant accounts.
 
Representatives can create an account at any time before the end of the registration period, because they will use the same kind of account already available to representatives. Representatives who already have a representative account may use that account; they do not need to create a new account. Unlike registrants, representatives enter information about their law firm or organization as part of setting up an account. Please see the video below for instructions about setting up an attorney or representative account.
 
The initial registration period for H-1B registrations will open at noon on March 1 and run through noon on March 20.
 
Both representatives and registrants must wait until March 1 to create and complete H-1B registrations.

A VIDEO UPDATE DISCUSSING THE BONA FIDES OF A MARITAL RELATIONSHIP FOR US IMMIGRATION PURPOSES IN ENGLISH AND IN GUJARATI.

The "bona fides" of a marital relationship is the legal standard used to determine if a visa can be granted. There are several factors used to determine the bona fides of the marital relationship. Ultimately the legal standard for the determination of the bona fides is a "totality of the circumstances test" but cultural nuances are certainly important to the analysis. In addition, when attending the marriage interview either at the USCIS or at the U.S. Consulate abroad, it is important to know not just what to say and how to say it. David Nachman, Esq. and Ms. Neejal Patel at the Nachman Phulwani Zimovcak (NPZ) Law Group - VISASERVE - explain these issues in both English and Gujarati.

VIDEO UPDATE DISCUSSING THE E-2 VISA - IS THE E-2 INVESTOR VISA FOR YOU?  

General Qualifications of a Treaty Investor ...

To qualify for E-2 classification, the treaty investor must:
  • Be a national of a country with which the United States maintains a treaty of commerce and navigation
  • Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
  • Be seeking to enter the United States solely to develop and direct the investment enterprise.  This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
An  investment  is the treaty investor's placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit.  The capital must be subject to partial or total loss if the investment fails.  The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity. See 8 CFR 214.2(e)(12) for more information.

A  substantial amount of capital  is:
  • Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
  • Sufficient to ensure the treaty investor's financial commitment to the successful operation of the enterprise
  • Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.  The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.