Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - U.S. and Canadian Immigration and Nationality Newsletter and Update.
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* 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.

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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)
Dear Readers: 
 
The past two (2) weeks were a "cliff-hanger" as we have been poised to deal with a new Executive Order from President Trump that is purportedly going to clarify the previous one about the "travel ban". So far ... we have nothing. More and more inaccurate information about the President's immigration law initiatives continue to spread. The immigration and nationality lawyers at Nachman Phulwani Zimovcak (NPZ) Law Group have been "on the move" for the past two weeks making presentations at Regional For-Profit and Not-for-Profit organizations. From the questions that we have received from the attendees at our presentations it is clearly the case that the U.S. immigration environment is in the throngs of confusion.

To add to the confusion, the USCIS recently (on March 3rd) announced the suspension of the premium process for all H-1B nonimmigrant visas for a six (6) month period effective on  April 3rd . This announcement comes only weeks before the  April 1st  H-1B Cap Deadline for filing the 65,000 Bachelors Equivalency Cap and 20,000 Masters Cap cases for 2017-2018. As immigration law firms across the country scurry to meet Cap deadlines, they are now additionally inundated with filings of amendments and extensions so those needing to go to Consulates Worldwide can obtain visa stamps. As the "H-1B season" enters the final stretch (and as the filing deadline rapidly approaches) we remind our readers that multiple H-1B visas can be submitted for unrelated organizations. In fact, we continue to notice that many prospective H-1B beneficiaries possess highly-coveted skill-sets that are in great demand by multiple (unrelated) employers. We are not mathematicians but it seems that multiple H-1B visas means a greater statistical chance of receiving the visa in the H-1B lottery.

This past week President Trump, speaking to Congress (etc.), made a veiled reference to Immigration Reform. He alluded a "merit" system (like the one being used in Canada). Perhaps these words stirred memories from those who closely watched the hard work of the "Gang of Eight, a Bipartisan group of Senators who proposed a blueprint for Comprehensive Immigration Reform (CIR) a few years back. We continue to perceive that our Nation is now poised (more than ever) to pass CIR. President Trump's musings about US immigration issues continue to keep this issue on the "front burner". 

We continue to remain "cautiously optimistic" that our new President will "do the right thing". In the interim, we continue to assist our business, family and individual clients with US and Canadian immigration law matters on a routine basis with great success. As immigration and naturalization attorneys we assist clients on a worldwide (and nationwide) basis with all their immigration law needs. If our immigration and nationality lawyers can be of assistance to you, your friends, your colleagues and/or your family members, please email us at  info@visaserve.com  or you can call our offices at  201-670-0006  (x107).  
USCIS SAYS H-1B PREMIUM PROCESSING IS SUSPENDED: USCIS WILL TEMPORARILY SUSPEND PREMIUM PROCESSING FOR ALL H-1B PETITIONS.  
Starting on April 3rd, 2017, the USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service for Form I-129, Petition for a Nonimmigrant Worker, which requests the H-1B nonimmigrant classification. USCIS announced that it will notify the public before resuming premium processing for H-1B petitions. 
 
DHS ALERT: SECRETARY KELLY'S NEW GUIDELINES FOR REMOVING / DEPORTING ILLEGAL IMMIGRANTS.   
On Tuesday, February 21st, 2017, two (2) guidance memoranda were signed by Homeland Security Secretary John Kelly implementing the President's Executive Orders on immigration enforcement. Although much attention has been focused on the building of the border wall, these new memos direct the Department of Homeland Security (DHS) to escalate harsh immigration enforcement nationwide. The memoranda reveal that DHS intends to take a more "enforcement-oriented" position with regard to U.S. Immigration law. 
 
CBP WARNING: TRAVEL ABROAD - IS YOUR INFORMATION SAFE DURING CBP SCREENINGS?  
Globally, we have seen an uptick in tightened security at airports and borders. For some, it may almost feel like a post-9/11 environment. Emphasis has been placed on the enforcement of many existing policies within our own borders. One policy that is being enforced more broadly at this time is "Border Searches of Electronic Devices" implemented in August of 2009. This policy was put in place by the Department of Homeland Security (DHS) and gives Customs and Border Protection (CBP) the authority to search electronic devices of any travelers seeking to enter the United States.

This raises important questions for many lawyers and privacy advocates. You may ask yourself, "How can I keep private client information safe while complying with the law during such a search?"
 
ANOTHER NPZ H-1B SEASON PRIMER: THE ABCs OF H-1Bs (THIS IS PART IV OF AN VIII PART SERIES): THE WHY'S AND HOW'S OF EDUCATION AND/OR EXPERIENCE EVALUATIONS IN THE CONTEXT OF AN H-1B VISA PREPARATION AND FILING.
The threshold question for an H-1B nonimmigrant work visa is whether the intending H-1B nonimmigrant has the equivalence of a U.S. Bachelor's Degree. Most of the prospective H-1B employees and H-1B employers begin with either of the following two thoughts: "I would like to work in the U.S. using an H-1B visa, but am not sure if I qualify" or "I want to hire a foreign worker but not sure if the individual qualifies for an H-1B visa."
 
As briefly touched upon in Part I of this VIII Part H-1B series, it is mandatory that not only the prospective H-1B employee ("H-1B employee" or "Beneficiary") but both the proffered position and prospective employee should be qualified to be able to obtain the H-1B nonimmigrant work visa. Building upon the previous articles, the following will explore the importance of educational and/or experience equivalency evaluations, and explain precautions that an employer and/or prospective H-1B employee can take in order to avoid a dreaded Request-for-Evidence (RFE) and/or Notice of Intent To Deny (NOID) the H-1B nonimmigrant petition.

H-1B nonimmigrant work visa season is upon us . . . 

Think about your H-1B back-up plan now . . .  
 
REMINDER ABOUT THE U.S. IMMIGRATION LAWS: DO YOU KNOW YOUR IMMIGRATION RIGHTS?   
Below is a link to a downloadable pocket wallet card. This card should be carried by individuals who would like to know about their  basic rights if they are stopped by a law enforcement official or if an immigration enforcement officer come knocking on the door.

It can also serve as a way for you to tell a law enforcement agent that you would rather talk to your lawyer before you speak to a police 
officer or law-enforcement officer.

Please feel free to share this helpful document with your friends.  
 
On February 20th, 2017 a Memorandum was promulgated that implements the Executive Order entitled "Enhancing Public Safety in the Interior of the United States," issued by the President on January 25th, 2017. The Memorandum constitutes guidance for all Department personnel regarding the enforcement of the immigration laws of the US, and is applicable to the activities of US Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS). It informs the public about enforcement and removal activities, detention decisions, administrative litigation, budget requests and execution, and strategic planning. 
 
USCIS GOES ONLINE: IMMIGRANTS CAN NOW CREATE A USCIS ONLINE ACCOUNT WHEN PAYING THE USCIS IMMIGRANT FEE.
You now have the option to create a USCIS online account when you pay the USCIS Immigrant Fee. A USCIS online account will let you easily track the status of your Green Card, receive electronic notifications and case updates, and change and update your mailing address.
 
Although anyone can pay the USCIS Immigrant Fee on your behalf, only you can create a USCIS online account. Creating a USCIS online account is voluntary.
 
Note: To create a USCIS online account, you will need to verify your identity by correctly answering questions about your personal immigration history. We recommend having documents such as your passport, immigrant visa, and copies of your visa application and your immigrant petition available for reference when answering the questions. If you are unable to answer your questions correctly, you will not be able to update your account profile or access case information from your USCIS online account until your identity is verified. If you cannot answer the questions correctly, you may schedule a free appointment to visit a local USCIS office and have your identity verified in person after you arrive in the United States (U.S.).
 
Having your identity verified helps protect your personal information and ensures your Green Card and other secure documents are mailed to the correct address.
 
FOR MORE INFORMATION, PLEASE CLICK HERE . . .  
USCIS released an updated Handbook for Employers, Guidance for Completing Form I-9 (Employment Eligibility Verification Form), dated January 22nd, 2017.  

HR Managers and Professionals can obtain electronic copies of English and Spanish versions of Form I-9 from the   U.S. Citizenship and Immigration Services (USCIS). Because immigration law and employment eligibility verification regulations can change over time, USCIS encourages users of the Form to periodically check   I-9 Central for updated information.
 
TO VIEW THE "UPDATED M-274, HANDBOOK FOR EMPLOYERS", PLEASE CLICK HERE . . .    
The employment-based, second preference (EB-2) category for India advances by six weeks, to June 1st, 2008. EB-2 China advances by one month, to December 15th, 2012.

For the employment-based, third preference (EB-3) category, India sees no movement, remaining with a cut off date of March 22, 2005. EB-3 China moves ahead by more than five months, to March 15th, 2014. EB-3 Philippines also advances, to a new cut off date of March 15, 2012.

Click here to view the March 2017 Visa Bulletin from the U.S. Department of State. 
 

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 SEASON IS NEARLY UPON US: PROFESSIONAL AND SPECIALTY OCCUPATION WORK VISAS EXEMPT FROM THE H-1B CAP.  
 
 
 
NPZ Law Group is pleased to assist our viewers and readers with U.S. immigration "News and Views". The H-1B cap-exempt category was created by the US government to ensure adequate supply of skilled labor available to US establishments in certain important sectors. Sponsorships are  year-round and regardless of the H-1B cap subject quota. For more detailed information check out H-1B Nonimmigrant Visa explanation from NPZ.

There are H-1B Cap-Exempt employers that hire professionals on H-1B visa throughout the year regardless of the H-1B quota. Cap exempt employers are those establishments which are not subjected to the annual H-1B visa numerical limitation as set by the US Government. The following classes of employers fall under the Cap-Exempt category.  H-1B nonimmigrant work visa considerations.  
 
1. A not-for-profit institution of higher education 
 
2. A for-profit entity related or affiliated with an institution of higher education 
 
3. A not-for-profit research organization or a governmental research organization 
 
4. A not-for-profit institution of higher education:" 
 
The most common form of institutions of higher education is a college or university. Incidentally most of the colleges and universities in the US are non-profit entities.  
 
5. A not-for-profit entity related or affiliated to an institution of higher education:  
 
Most common forms of such H-1B sponsors are research labs, medical hospitals, etc., that are affiliated with colleges and universities. Other types of employers in this class include those with shared ownership or control by the same board or federation operated by an institution of higher education, or attached to an institution of higher education as a member, branch, cooperative, or subsidiary. 
 
6. A not-for- profit research organization or a governmental research organization:

The organization must meet both the criteria that the establishment be "not for profit" as well as a "research" entity.