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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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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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U.S. News & World Report names Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. as one of New Jersey's Best Law Firms!
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PRESS RELEASE: DAVID H. NACHMAN, ESQ. CONTINUES
TO SERVE
AS CHAIR OF THE NJSBA INTERNATIONAL LAW COMMITTEE.
The New Jersey State Bar Association (NJSBA)
re-appointed David Nachman, Esq., one of the Managing Attorneys of the International
Immigration
and Nationality Law Firm of Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - VISASERVE - as Chair of the International Law Section.
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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)
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Dear Readers:
As we enter the new year, NPZ immigration and nationality lawyers assist clients and prospective clients to gear-up for the H-1B 2020 Cap Filing Season. This year we will be starting a month earlier since the new H-1B registration system is now formally in-place. Registration will begin on March 1st. No one could have ever predicted how incredibly exciting the beginning of 2020 would be for business immigration lawyers throughout the world! Several recent media publications have digested the important items for the Spring 2020 U.S. Immigration Legislative Agenda. Here is a rundown ...
- H-1B professional; and spoecialty occupation visa requests for evidence (RFE) rates continue at very high rates.
- USCIS plans to publish a rule that revises the definition of "specialty occupation" for H-1B work visas.
- USCIS is planning a new regulation for the L-1 visa that would revise the definition of L-1B "specialized knowledge" and to address the definition of the employer-employee relationship and appropriate wages for L-1 visa holders.
- In March 2020 we may see a proposed rule to rescind work authorization for H-4 visa holders.
- The Supreme Court may issue a ruling about DACA (Dreamers) just before the next presidential election.
- We might see further movement on Bills such as the Fairness for High-Skilled Immigrants Act.
- HR Professionals need to carefully monitor immigration enforcement by ICE focused on I-9 Employer Eligibility and Employer Sanctions as well as Social Security No-match letter issuances.
Join the Immigration and Nationality Lawyers at the NPZ Law Group and "strap yourselves in" for what promises to be a very "wild ride" during the Spring 2020 in the business immigration law arena. We remind our
readers that we are immigration and nationality lawyers (and specialty immigration law staff) focused on the full-spectrum of US and Canadian immigration law matters. Please feel free to contact us if you, your friends, your family, or your HR colleagues require any assistance. You can reach us by email at [email protected] or you can call us at 201-670-0006 (x107).
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ABCs OF H-1Bs (THIS IS PART III OF AN VIII PART SERIES): WHAT H-1B EMPLOYERS NEED TO KNOW ABOUT THE LCA TO AVOID POTENTIAL DOL COMPLIANCE PITFALLS.
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The H-1B visa program permits a United States employer ("employer") to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the "INA" or the "Act") requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor ("DOL") before the foreign national may obtain an H-1B visa. The Act defines a "specialty occupation" as an occupation requiring the application of highly-specialized knowledge and the attainment of a bachelor's degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application ("LCA") from the DOL.
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ABCs OF H-1Bs (PART IV OF AN VIII PART SERIES): THE WHY'S AND HOW'S OF EDUCATION AND/OR EXPERIENCE EVALUATIONS IN THE CONTEXT OF H-1B VISA PREPARATION AND FILING.
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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 in a specific field. 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."
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BREAKING H-1B VISA NEWS: USCIS FORMALLY ANNOUNCED THE IMPLEMENTATION OF THE NEW ELECTRONIC H-1B REGISTRATION PROCESS AND A PROPOSED REGISTRATION TIME FRAME.
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On January 9th, 2020,
U.S. Citizenship and Immigration Services published a
Federal Register notice
formally announcing the implementation of the H-1B registration process for Fiscal Year 2020 H-1B cap-subject petitions. This notice is required for the initial implementation of the registration process, as stated in the January 31st, 2019,
H-1B registration final rule
.
USCIS will open an initial registration period from March 1 through March 20, 2020, for the FY 2020 H-1B numerical allocations.
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THE NEW FACE OF THE H-1B PETITION PROCESS - REGISTER FOR THE LOTTERY THIS YEAR. THE H-1B SEASON IS ALMOST UPON US.
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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 H-1B Cap Season deadline.
In the interest of expediency, we understand that one of the main goals of the new regulation is to conduct the H-1B lottery before accepting petitions so that prospective H-1B employers know (in advance) if the case will be selected in the lottery before submitting a full and complete H-1B filing to the USCIS.
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HELPFUL GRAPHIC DEPICTING THE ESTIMATED TIMELINE FOR THE NEW H-1B SELECTION/FILING PROCESS FOR FY 2020.
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USCIS ISSUES POLICY ALERT ON REPLACING PERMANENT RESIDENT CARDS.
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On January 16th, 2020, USCIS issued policy guidance in the USCIS Policy Manual regarding eligibility requirements, filing, and adjudication of requests to replace Permanent Resident Cards using Form I-90.
Policy Highlights *
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Reaffirms eligibility requirements for replacing a PRC.
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Clarifies that I-551 stamps issued for temporary proof of LPR status may only be placed on an Arrival/Departure Record (Form I-94) (with photo) or an unexpired passport.
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Provides guidance for LPRs seeking commuter status and for those in commuter status seeking to take up residence in the United States.
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DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR FEBRUARY 2020 - IF YOUR "PRIORITY DATE" IS CURRENT PLEASE LET US KNOW? YES, . . . WE KNOW, . . . THE MOVEMENT HAS BEEN SLOW!
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Employment-Based, First Preference (EB-1) Category
The EB-1 cutoff dates for China and India remain unchanged, with China at May 22, 2017, and India at January 1, 2015. The EB-1 category for all other countries of charge ability advances to December 01, 2018.
Employment-Based, Second Preference (EB-2) Category
The EB-2 category remains current for all countries of charge ability except India and China. EB-2 China moves ahead by two weeks to July 15, 2015. EB-2 India only moves ahead by a single day to May 19, 2009.
Employment-Based, Third Preference (EB-3) Category
EB-3 China moves forward by one month to January 01, 2016. EB-3 India advances by one week to January 8, 2009. EB-3 Philippines moves ahead to June 1, 2018. All other cutoff dates are current in the EB-3 category.
EB-3 Other Workers
With the exception of China, the cutoff dates for EB-3 other workers are the same for each country as its respective EB-3 cutoff dates. For China, the cutoff date for EB-3 other workers progresses to May 1, 2008.
Employment-Based, Fourth Preference (EB-4) Category
The EB-4 cutoff date for El Salvador, Guatemala, and Honduras remains unchanged at July 1, 2016. EB-4 for Mexico moves ahead to September 1, 2017. This category remains current for all other countries of chargeability.
Employment-Based, Fifth Preference (EB-5) Category
The EB-5 category remains current for all countries of charge ability except China, India, and Vietnam. For China, the cutoff date moves to December 1, 2014. EB-5 India advances by four months to September 1, 2018. The EB-5 cutoff date for Vietnam moves up to December 15, 2016.
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CANADIAN IMMIGRATION LAW NEWS .
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EXPANSION OF STUDENT DIRECT STREAM TO SUPPORT FRANCOPHONE IMMIGRATION.
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Canada is making the Student Direct Stream (SDS) available to international students coming from Senegal and Morocco, starting September 9th, 2019.
The SDS process was launched in 2018 for students applying for study permit from China, India and the Philippines and Vietnam, with an average processing time of less than three weeks. Canada is a top destination for students seeking both a high quality international education and employment in the field of study once they graduate. With Canadian education credentials and skilled work experience in Canada, former international students are well positioned for success in applying for permanent residence through Express Entry
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VISITING CANADA? LEAVE YOUR FIREARMS AT HOME
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The Canadian Border Services Agency (CBSA) is launching a firearms awareness campaign reminding visitors to Canada about Canadian firearm laws. Canadian laws are different than those in the United States. U.S. citizens bringing firearms into Canada or taking firearms through Canada to Alaska or transiting through Canada to reach another U.S. destination, must declare any firearm to CBSA. Additionally, you must have all necessary permits of your firearm and ensure it is stored and transported appropriately.
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MOVING FROM CANADA TO THE U.S. TO WORK
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Each year, thousands of Canadians move to the U.S. to pursue employment opportunities. You may not be able to move to the U.S. and then find employment, but there are avenues for you to move as part of a transfer for a current employer or you may have secured a new employment opportunity. Prior to coming to the U.S. to work, you must obtain the requisite immigration employment authorization.
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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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H-1B EXTENSIONS / TRANSFERS AND ACADEMIC PROFESSIONAL AND SPECIALTY OCCUPATION WORK VISAS ARE STILL VERY MUCH EXEMPT FROM THE H-1B CAP LOTTERY.
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This 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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MONDAY IS MARTIN LUTHER KING'S BIRTHDAY. WE RECOGNIZE HIS GREAT CONTRIBUTIONS TO OUR GREAT NATION. HIS "DREAM" LIVES ON!
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