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 CANADIAN IMMIGRATION LAW QUERIES PLEASE FEEL FREE TO GIVE US A CALL.

:: 201-670-0006 
(ext. 100)


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UPCOMING 
EVENT

What HR Professionals Need to Know About Form I-9 Compliance and Business Immigration Compliance In The Trump Administration.  

Date:
October 12th, 2020

Time:

1:00 PM to 2:00 PM

Location:
Online

Please feel free to contact us for additional information at [email protected]
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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:
 
As the summer - and the Republican National Convention (RNC) - draw(s) to a close, we turn our attention to what promises to clearly be an extremely heated battle for the upcoming presidential election.

During the RNC we heard about the value of the "wall", we heard about the removals of criminal aliens and the way that the current administration has saved our Nation from the spread of COVID-19 by banning immigration from numerous countries. 
 
Interestingly, what we did NOT hear from the President is that highly-skilled foreign national workers add value to the US economic infrastructure. Conspicuous from its absence in the President's speeches, we believe that we can undoubtedly anticipate several more weeks of "roller-coaster" of immigration posturing and policy upheaval(s). 
 
Some good news emerging this past week was the: (1) announcement by the DOS of an expansion for interview waivers; and (2) announcement by the USCIS that a furlough of 70% of its employees will NOT be happening because the Agency is adequately funded through the end of the fiscal year. 
 
As litigation against the implementation of draconian US immigration law policy by President Trump persists, we are beginning to see the value that the litigation process has in bringing about an oft desired result. While litigation against the Federal Government is not for the "faint of heart", our immigration and nationality lawyers stand ready, willing and able to assist our clients to do the "good fight" even if it seems like an "uphill battle". 
 
We remind our readers that we are US and Canadian immigration and nationality lawyers and we look forward to representing you, your friends, your family and/or your colleagues with regard to any US or Canadian immigration law matters. Please feel free to email our office at NPZ LAW GROUP - VISASERVE or call us anytime at 201-670-0006 (x104). 
I-9 UPDATES FOR HUMAN RESOURCES PROFESSIONALS: THE APPROVAL NOTICE, FORM I-797, FOR THE EAD CAN BE USED FOR EMPLOYMENT ELIGIBILITY VERIFICATION ON THE I-9 FORM. 
Due to the extraordinary and unprecedented COVID-19 public health emergency, the production of certain Employment Authorization Documents (Form I-766 EAD) has been delayed. As a result, on August 19th, 2020, USCIS announced that due to EAD production delays, employees may use Form I-797, Notice of Action, with a notice date on or after 12/1/19 through 8/20/20 informing approval of an Application for Employment Authorization (Form I-765) as a list C #7 document for Form I-9 compliance until 12/1/20. 

USCIS REMINDS F-1 ALIENS IN POST-COMPLETION OPT AND THEIR DSOs TO ENTER EMPLOYER INFORMATION IN SEVIS.
As exceeding unemployment limits can result in a loss of status, USCIS is reminding F-1 foreign national students participating in post-completion Optional Practical Training (OPT), and their designated school officials (DSOs), that they must update the employer information in the Student and Exchange Visitor Information System (SEVIS), including unemployment data. Federal regulations require F-1 aliens to notify their DSO within 10 days of any changes to their personal or employment information. In turn, DSOs must update SEVIS with the foreign national student's information within 21 days. This reminder helps ensure F-1 foreign national students and DSOs properly comply with existing requirements. 

UPDATES FOR HUMAN RESOURCES STAFF: FORM I-9 REQUIREMENTS FOR FLEXIBILITY EXTENDED FOR AN ADDITIONAL 30 DAYS. 
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
 
This temporary guidance was set to expire August 18th. Because of ongoing precautions related to COVID-19, DHS has extended this policy for an additional 30 days.
 
On August 25th, 2020, U.S. Citizenship and Immigration Services announced that the Agency will avert an administrative furlough of more than 13,000 employees, scheduled to begin August 30th as a result of unprecedented spending cuts and a steady increase in daily incoming revenue and receipts.
 
USCIS expects to be able to maintain operations through the end of fiscal year 2020. Aggressive spending reduction measures will impact all agency operations, including naturalization, and will drastically impact agency contracts.
 
On August 24th, 2020, USCIS provided a guidance Memorandum on how it will implement Acting Secretary of Homeland Security Chad Wolf's July 28th Memorandum regarding the Deferred Action for Childhood Arrivals (DACA) policy.
 
Under USCIS' implementing guidance, USCIS will reject all initial DACA requests from aliens who have never previously received DACA and return all fees. The rejections will be without prejudice, meaning aliens will be able to reapply should USCIS begin accepting new requests in the future from aliens who never before received DACA. USCIS will continue to accept requests from aliens who had been granted DACA at any time in the past and will also accept requests for advance parole that are properly submitted to the address specified on the Direct Filing Addresses for Form I-131 webpage.
 
DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR SEPTEMBER 2020 - IF YOUR "PRIORITY DATE" IS CURRENT, PLEASE LET US KNOW?
Employment-Based, First Preference (EB-1) Category
 
The EB-1 China and India categories advance to March 1, 2018. The category remains current for all other countries of chargeability.

Employment-Based, Second, Third, and Fourth Preference (EB-2, EB-3, EB-4) Categories
 
The EB-2, EB-3, and EB-4 categories see no movement from the August 2020 Visa Bulletin.

Employment-Based, Fifth Preference (EB-5) Category
 
The EB-5 category remains current for all countries of chargeability, other than China and Vietnam. For China, the EB-5 cutoff date moves a bit to August 15, 2015. For Vietnam, the EB-5 cutoff date advances to August 1, 2017.

 
CANADIAN IMMIGRATION LAW NEWS.

NEW MEASURES - POST-GRADUATION WORK PERMIT ELIGIBILITY FOR STUDENTS BEGINNING PROGRAMS ONLINE.
Many prospective international students who would like to study in Canada this fall are facing uncertainty due to travel restrictions. Immigration, Refugees and Citizenship Canada recognizes this, and will continue to ensure that Canada's immigration programs are flexible to respond to these uncertainties with 3 new measures on post-graduation work permit eligibility for students beginning programs online.

Until further notice, IRCC issued a public policy to exempt temporary resident applicants applying from within Canada from having to give their biometrics until further notice. The exemption applies to applicants applying for an extension of a work permit, a new work permit, an extension of a study permit, a new study permit, a visitor visa, restoration of temporary resident status, and a temporary resident permit. 
 

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 . . .

 
MARRIAGE FIANCE & FAMILY CASES AND THE IMPORTANCE OF A VALID AND LEGALLY SUFFICIENT BIRTH CERTIFICATE.

Birth Certificate - A copy of the applicant's foreign birth certificate or sufficient secondary evidence of birth must be submitted to establish the applicant's country of citizenship for visa chargeability, identity, and existence of derivative relationships. [2] Each foreign birth certificate must include a certified English translation. [3] 
Officers should check the Department of State's Country Reciprocity Schedule to determine availability of birth certificates as well as acceptable secondary evidence of birth for specific countries. Unavailability of Records and the Use of Affidavits - There are certain situations where an applicant may not be able to provide the required primary evidence but may be able to submit secondary evidence. When submitting secondary evidence, an applicant must establish that the required primary document is unavailable or does not exist
FOR U.S. IMMIGRATION PURPOSES WHEN APPLYING FOR THE GREEN CARD THROUGH MARRIAGE IT IS IMPORTANT TO PROVE THE BONA FIDES OF THE MARRIAGE RELATIONSHIP IN THE PAPERS AND AT THE INTERVIEW.

Our clients often ask ... what documents are used to help to determine if there is a bona fide marriage?
  1. Photographs that show both spouses together and with family and friends. These photographs can be taken at the wedding, at other functions or events, and throughout their relationship.
  2. Letters between the couple before the marriage, with their postmarked envelope.
  3. Evidence of trips the couple has taken together, including bills and receipts reflecting hotel stays, car rental, plane tickets, postcards sent to family members while on the trip.
  4. Birth certificates of children of the marriage.
  5. Copies of joint income tax returns.
  6. Evidence of joint checking or savings accounts.
  7. Photo ID cards of both spouses with a new card if either spouse has a new married name.
  8. Driver's licenses, credit cards, check cashing cards, employment ID cards, video club memberships, etc. for both parties.
  9. Real property deeds showing joint tenancy.
  10. Apartment lease or a letter from the landlord indicating that both spouses live at the apartment or copies of rent receipts showing both parties' names.
  11. Letter from an employer showing a change in records to reflect the spouses' new marital status.
  12. Letter from an employer showing designation of the spouse as the person to be notified in event of accident, sickness, or other emergency.
  13. Evidence of life insurance policies where the spouse is named as beneficiary.
  14. Evidence of medical or health insurance plans, which name the spouse as a member or beneficiary.
  15. Evidence of correspondence between parties, including letters, birthday and holiday cards, telephone calls, and other correspondence addressed to the parties.
  16. Religious marriage certificate if the couple had a church wedding.
  17. Copies of gas, electric, telephone and other utility bills.
  18. Evidence of joint ownership of an automobile.
  19. Evidence of all major purchases made together, such as stereo, television, refrigerator, washer, dryer, etc.
  20. Pictures of spouse and family.
HAPPY LABOR DAY!!!
ALL THE STAFF AT THE NACHMAN PHULWANI ZIMOVCAK (NPZ) LAW GROUP - VISASERVE - WANT TO TAKE THIS OPPORTUNITY TO WISH EVERYONE A SAFE AND ENJOYABLE AND RELAXING AND . . .