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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
Location: Sheraton Parsippany, NJ
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).
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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)
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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:
Happy belated Leap Year. The past two weeks in the US Immigration Law arena have been frenetic. Last Monday we were dealt-up the new "public charge rules". These new rules impose a subjective legal standard on cases whereby the USCIS can deny a case if the Green Card candidate "is likely to be determined to become a public charge". Such subjectivity leaves the door open for arbitrary determinations by USCIS and DOS Officers.
Starting on March 1st, for the first time, USCIS is requiring U.S. employers to register in order to have a chance to file an H-1B petition that is subject to the annual limits. The H-1B visa category allows highly-skilled or educated foreign workers to work in the U.S. The new registration requirement applies to H-1B visa numbers subject to the
statutory "cap" of 65,000 workers per fiscal year. It also applies to the 20,000 additional "master's exemption" visa numbers for foreign workers with a master's or higher degree from a qualified U.S. college or university. Many U.S. employers and their H-1B hopeful staff members continue to be anxious about this new process. We will continue to keep our readers posted.
Also this past week, the Executive Office for Immigration Review (EOIR) submitted to the Federal Register for publication a
notice of proposed rulemaking
related to fees the agency last raised more than 30 years ago. The fees included are related to filings for appeals to the Board of Immigration Appeals (BIA), applications for suspension of deportation or cancellation of removal, and motions to reopen or reconsider before the immigration courts or the BIA. The increases of fees will make access to the Immigration Courts much more difficult from a financial perspective.
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 [email protected] 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.
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THE H-1B LOTTERY ... IF YOU ARE NOT IN IT, THEN YOU CANNOT WIN IT! Initial H-1B Registration Period Opens at Noon Eastern on March 1st.
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U.S. Citizenship and Immigration Services announced that the initial registration period for the fiscal year (FY) 2021 H-1B cap will open at noon Eastern on March 1st and run through noon Eastern on March 20th.
During this period, prospective petitioners and representatives will be able to fill out prospective petitioner and beneficiary information and submit their registrations.
A confirmation number will be assigned to each registration submitted for the FY 2021 H-1B cap. This number is used solely to track registrations; you cannot use this number to track your case status in Case Status Online.
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USCIS UPDATE: FINAL RULE ON PUBLIC CHARGE GROUND OF INADMISSIBILITY.
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U.S. Citizenship and Immigration Services (USCIS) has implemented the
Inadmissibility on Public Charge Grounds final rule on February 24th, 2020
. The final rule will apply only to applications and petitions
postmarked (or submitted electronically) on or after February 24th, 2020. For
applications and petitions sent by commercial courier (such as UPS, FedEx,and DHL), the postmark date is the date reflected on the courier receipt.
When determining whether an alien is likely to become a public charge at any
time in the future, DHS will not consider an alien's application for,
certification or approval to receive, or receipt of certain non-cash public
benefits before February 24th, 2020. Similarly, when determining whether the
public benefits condition applies to applications or petitions for extension
s
of stay or changes of status, USCIS will only consider public benefits
received on or after February 24th, 2020.
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OVERVIEW OF STEM OPT EMPLOYER SITE VISITS.
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For F-1 students and employers participating in the science, technology,
engineering and mathematics (STEM) optional practical training (OPT)
program, the Student and Exchange Visitor Program (SEVP) may visit employer
locations.
The March 2016 STEM OPT rule allows the U.S. Department of Homeland Security (DHS) to conduct site visits of employers that train STEM OPT students. These are routine visits that SEVP initiated shortly after the rule became effective in 2016.
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CAN I LEAVE THE U.S. WHILE WAITING FOR A GREEN CARD?
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The Green Card application process is not only a complex one, but it is also
a lengthy one. Even the applications that are quickly processed take several
months and sometimes over a year. If you are waiting on a Green Card, you
may want or need to do some traveling outside of the U.S. in the meantime.
Here is what you need to know about that.
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ABC's OF H-1Bs (THIS IS PART 1 OF AN 8 PART SERIES) H-1B FILING SEASON (FOR THE 2020 DEADLINE ON APRIL 1st) GETS INTO FULL-SWING FOR H-1B EMPLOYERS AND PROSPECTIVE H-1B EMPLOYEES.
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U.S. Citizenship and Immigration Services on December 6th, 2019, announced a requirement for employers seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, to first electronically register and pay the associated $10.00
H-1B registration fee
before filing a petition for the fiscal year 2021
H-1B cap
. USCIS will open an initial registration period from March 1st through March 20th, 2020.
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ABC's OF H-1Bs (THIS IS PART 2 OF AN 8 PART SERIES). HOW MUCH DO PROSPECTIVE H-1B EMPLOYERS NEED TO PAY TO H-1B EMPLOYEES AND WHY THE FEDERALLY MANDATED PREVAILING WAGE IS SO IMPORTANT.
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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.
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ABCs OF H-1Bs (THIS IS PART 3 OF AN 8 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 professional and 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.
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ABCs OF H-1Bs (THIS IS PART 4 OF AN 8 PART SERIES): THE WHYS AND HOWS 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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DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR MARCH 2020 - IF YOUR "PRIORITY DATE" IS CURRENT PLEASE LET US KNOW? YES, . . . WE KNOW . . . MOVEMENT HAS BEEN SLOW!
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Employment-Based, First Preference (EB-1) Category:
Mr. Oppenheim indicates that the EB-1 category could become current this summer for all countries except India and China. However, depending on demand in some of the other categories, it may slow the rate that EB-1 can advance. No updated predictions were provided for EB-1 India or China.
Employment-Based, Second and Third Preference (EB-2 and EB-3) Categories:
The EB-2 worldwide category, which includes all countries of chargeability except India and China, remains current. However, by June 2020, and perhaps as early as April 2020, Mr. Oppenheim expects to have to impose an EB-2 worldwide cutoff date.
The only update provided for EB-3 is that there has recently been in increase in the number of EB-2 to EB-3 "downgrade" filings from Chinese applicants. Presently, EB-3 China's cutoff date is more than seven months ahead of the EB-2 China cutoff date.
Employment-Based, Fourth Preference (EB-4) Category:
The EB-4 category is current for all countries other than El Salvador, Guatemala, Honduras, and Mexico. EB-4 Mexico is predicted to continue to advance, at least in the near-term.
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CANADIAN IMMIGRATION LAW NEWS .
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EXPRESS ENTRY DRAW TO APPLY FOR PERMANENT RESIDENCE.
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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.
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IN CANADA ... OPEN WORK PERMIT FOR VULNERABLE WORKERS.
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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).
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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 VISA (A VIDEO): REGISTRATION FOR THE H-1B ON MARCH 1ST, 2020 - THE NEW FACE OF H-1B VISA PROCESS.
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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 cap season deadline. 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.
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A VIDEO UPDATE DISCUSSING THE BONA FIDES OF A MARITAL RELATIONSHIP FOR US IMMIGRATION PURPOSES IN ENGLISH AND IN GUJARATI.
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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 what to say and how to say it. David Nachman, Esq. and Neejal Patel at the Nachman Phulwani Zimovcak (NPZ) Law Group - VISASERVE - explain these issues in both English and Gujarati.
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