UPCOMING EVENTS
Family Based Immigration Visas/Immigration Law Practice in 2017 & Beyond
Location:
New Jersey Law Center
1 Constitution Sq. New Brunswick, NJ 08901
Date:
February 1, 2017
Time: 9:00 AM - 12:35 PM ET
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WEBINAR - IMMIGRATION RELATED EMPLOYMENT AUDITS AND INVESTIGATIONS
Location:
Online
Date:
February 23, 2017
Time: 12:00 PM - 1:40 PM ET
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:: 201-670-0006 (X100)
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OUR OFFICES*:
NEW JERSEY OFFICE:
VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006 (x107)
Please feel free to ask about our Princeton, 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.
NEW YORK 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 we settle into the new Trump Regime, it appears that there are several potential changes on the horizon in the legal immigration arena. Interestingly, the President has chosen to NOT make these changes by way of "administrative actions" but rather to issue "executive orders".
The interesting thing about this distinction is that administrative actions have been constitutionally tested and appear to be able to withstand the legal standards potentially to be imposed by the US Supreme Court.
Executive orders are a different story. It is rumored that President Trump will be signing an executive order that impacts the "business immigration arena".
The
proposed order would, essentially, operate across a number of channels to reduce the scope of legal immigration to the United States. It also begins to lay the administrative and policy groundwork for further legislation altering the scope of legal immigration into one that, in the words of the cover memo, "prioritizes the interests of American workers and - to the maximum degree possible - the jobs, wages, and well-being of those workers."
Another would undo relief Obama has granted to people eligible for green cards but unable to apply for them due to what's known as the
"three- and ten-year bars."
Another provision calls on the Department of Homeland Security (DHS) to begin "site visits" at places that employ workers with L-1 visas and then to expand the site-visit program to cover all
employment-based visa programs within two years.
Other provisions are less clear in their impact.
The Order directs the Secretary of Homeland Security to promulgate a regulation that would "restore the integrity of employment-based nonimmigrant worker programs" and to "consider ways" to alter the H-1B program (for technical guest workers) to be "more efficient and ensure that beneficiaries of the program are the best and the brightest."
A provision directs the Secretary of State to "reform the J-1 Summer Work Travel program to improve protections of US workers."
Another provision calls on DHS to do what it can to incentivize more employers to participate in the E-Verify system.
Strap yourselves in for what is likely to prove to be a wild ride. If you, your friends, your family members, or your colleagues, should have any questions with regard to any US immigration law issues, please feel free to contact the immigration lawyers at the NPZ Law Firm by emailing us at info@visaserve.com or by calling us at 201-670-0006 (extension 107).
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TRUMP PROMPTS TRAVEL ADVISORY: TRAVEL WARNING FOR NATIONALS OF CERTAIN COUNTRIES DESIGNATED BY EXECUTIVE ORDER.
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On January 27th, 2017, President Trump signed an Executive Order relating to visa issuance, screening procedures, and refugees. The Executive Order is titled "
Protecting the Nation from Foreign Terrorist Entry Into the United States." Designated countries are those identified in INA §217(a)(12) and later added to the list of countries with Visa Waiver restrictions and include Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Note that INA §217(a)(12) includes restrictions on people who travel to the designated countries, as well. With the Executive Order in place the government has halted travel for refugees from the 7 designated countries. The exception for refugees that are currently "in transit" found in Section 5(e) of the Executive Order does not apply to people from those designated countries. However, based on authority in the executive order, refugees that are NOT from the designated countries that had been scheduled to arrive in the next few days will be allowed entry to the U.S. upon arrival. There were reportedly no refugees scheduled to travel over the weekend.
***THIS INFORMATION IS PROVIDED COURTESY OF AILA - of which David Nachman, Esq., one of the Managing Attorneys at NPZ Law Group, is an AILA Mentor, a Former State of New Jersey AILA Chapter Chair and a present Member of the AILA National.
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TRUMP EXECUTIVE ORDER PROMPTS LITIGATION: DEPARTMENT OF HOMELAND SECURITY (DHS) RESPONSE TO RECENT LITIGATION.
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On January 29th, DHS issued a Press Release stating that "The Department of Homeland Security will continue to enforce all of President Trump's Executive Orders in a manner that ensures the safety and security of the American people". President Trump's Executive Orders remain in place - prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety. President Trump's Executive Order affects a minor portion of international travelers, and is a first step towards reestablishing control over America's borders and national security.
The Department of Homeland Security will faithfully execute the immigration laws, and we will treat all of those we encounter humanely and with professionalism. No foreign national in a foreign land, without ties to the United States, has any unfettered right to demand entry into the United States or to demand immigration benefits in the United States.
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ANOTHER EXECUTIVE ORDER LEAKED: LIMITING LEGAL IMMIGRATION - "PROTECTING AMERICAN JOBS AND WORKERS BY STRENGTHENING THE INTEGRITY OF FOREIGN WORKER VISA PROGRAMS".
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A sweeping proposed order would, essentially, operate across a number of channels to reduce the scope of legal immigration to the United States. It also begins to lay the administrative and policy groundwork for further legislation altering the scope of legal immigration into one that, in the words of the cover memo, "prioritizes the interests of American workers and - to the maximum degree possible - the jobs, wages, and well-being of those workers."
The order itself contains a variety of provisions. One would reverse Obama's extension of the duration of Optional Practical Training work visas and the decision to allow the spouses of H-1B guest workers to also have work permits. Another would undo relief Obama has granted to people eligible for green cards but unable to apply for them due to what's known as the "three- and ten-year bars."
TO READ MORE, PLEASE CLICK HERE . . .
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FORM I-9 UPDATES FROM DHS: USCIS NEWS - EMPLOYERS MUST USE FORM I-9 DATED 11/14/2016.
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Beginning January 22nd, 2017, employers must use the 11/14/2016 N version of
Form I-9, Employment Eligibility Verification, to verify the identity and work eligibility of every new employee hired after November 6th, 1986, or for the reverification of expiring employment authorization of current employees (if applicable). This date is found on the lower left hand corner of the form. Prior versions of the form will no longer be valid for use. Employers who fail to use Form I-9 11/14/2016 N on or after January 22nd, 2017 may be subject to all applicable penalties under section 274A of the Immigration and Nationality Act, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE).
Employers should continue to follow existing storage and retention rules for each previously completed Form I-9.
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Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed. Additionally, the employer must attest that it is offering, and will continue to offer, during the period of H-1B employment, the greater of: (1) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment position in question; OR (2) the prevailing wage level for the occupational classification in the intended area of employment.
If required to pay the prevailing wage, the wage must be 100% of the prevailing wage. The prevailing wage is determined for the occupational classification in the area of intended employment and must be determined as of the time of the filing of the LCA[i]. The regulations require that the prevailing wage be based upon the best information available. An employer that fails to pay wages as required is liable for back wages equal to the difference between the amount that should have been paid and the amount that was actually paid.
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COMPLIANCE WITH TRUMP'S EXECUTIVE ORDERS: DHS STATEMENT ON COMPLIANCE WITH COURT ORDERS AND THE PRESIDENT'S EXECUTIVE ORDER.
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Upon issuance of the court orders on January 28th, U.S. Customs and Border Protection (CBP) immediately began taking steps to comply with the orders. Concurrently, the Department of Homeland Security continues to work with their partners in the Departments of Justice and State to implement President Trump's executive order on protecting the nation from foreign terrorist entry into the United States.
DHS mentioned that they are committed to ensuring that all individuals affected by the executive orders, including those affected by the court orders, are being provided all rights afforded under the law. DHS is also working closely with airline partners to prevent travelers who would not be granted entry under the executive orders from boarding international flights to the U.S. Therefore, DHS do not anticipate that further individuals traveling by air to the United States will be affected.
As Secretary Kelly previously stated, in applying the provisions of the President's executive order, the entry of lawful permanent residents is in the national interest. Accordingly, absent significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in DHS case-by-case determinations.
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Employment-Based, Second Preference (EB-2):
In the EB-2 category, China advances by one month, to November 15th, 2012. The cutoff date for EB-2 India holds steady at April 15th, 2008.
Employment-Based, Third Preference (EB-3):
The cutoff date for EB-3 India continues to snail forward by only a week-per-month, now set at March 22nd, 2005. EB-3 China's cutoff date moves up by three weeks, to October 1, 2013. The EB-3 cutoff date for the Philippines advances by nearly three months, to October 15th, 2011.
Employment-Based, Third Preference (EB-3): Other Workers
As usual, the cutoff dates for EB-3 other workers continue to match the general EB-3 cutoff dates for all countries other than China. EB-3 other workers for China remains still, at December 1st, 2005.
Employment-Based Fourth Preference (EB-4):
In the EB4 category, the cutoff date for El Salvador, Guatemala, Honduras, and Mexico remains unchanged, at July 15th, 2015. This category is current for all other countries of chargeability.
Employment-Based Fifth Preference (EB-5):
EB-5 for China advances by one week, to April 15th, 2014. This category remains current for all other countries.
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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 . . .
NPZ LAW GROUP'S IMMIGRATION VIDEO CHANNEL ON YOUTUBE
https://www.youtube.com/watch?v=3Crfb5L_vlo
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H-1B SEASON IS NEARLY UPON US: PROFESSIONAL AND SPECIALTY OCCUPATION WORK VISAS EXEMPT FROM THE H-1B CAP.
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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 around the year and regardless of the H-1B cap subject quota situation.
There are H-1B Cap-Exempt employers that hire professionals on H-1B visa throughout the year regardless of the H-1B quota situation. Cap exempt employers are those establishments which are not subjected to the annual H-1B visa numerical limitation as set by the US Government. Following classes of employers fall under the Cap-Exempt category.
1. A not for profit institution of higher education
2. profit entity related or affiliated to 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:"
Most common form of institutions of high 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 to colleges and universities. Other types 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:"
It must meet both the criteria that the establishment must be "not for profit" as well as a "research" entity.
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