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 EVENTS:

CLE Seminar: Spring 2020 Immigration Law Review in the Wake of COVID-19 

June 10th, 2020

Time: 12 pm - 2 pm
 
Location: 
Online (Webinar)

Webcast- 2020 U.S. Immigration Law: The Basics, COVID and Beyond

June 24th, 2020

Time: 9 am - 3:45 pm

Location:
Online (Webinar)

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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:

  NPZ Law Group's operations never slowed as the pandemic emergency was upon us. Our services continue to be rendered by a dedicated staff of U.S. and Canadian Immigration Lawyers and Specialists who continue to file cases at breakneck speed while negotiating the challenges of (1) remote work, (2) flex hours and (3) social distancing rules. We continue to field calls from our clients and prospective clients on a 24x7 basis.

We are in "unprecedented" and challenging times. However, in the wake of the potential "ripple-effects" from the President's April 22nd 2020 Proclamation, it is important to remind our readers that immigrants are twice as likely as natives to start and grow a business in the U.S.

Recently, as well as in the past, economic pundits note that entrepreneurial drive continues to present a very critical need as the number of newly-formed American businesses has declined as a result of the economic woes brought about by the COVID-19 Pandemic emergency.

We continue to remind our readers that we are U.S. and Canadian Immigration Lawyers and Specialists and that we handle a wide array of U.S. and Canadian Immigration and Nationality Law issues. If you, your staff, your friends, or your family members, have any questions about immigration and nationality issues for the US or Canada, please feel free to e-mail us at [email protected] or to call us at 201-670-0006. 
FORM I-9 ANNOUNCEMENT: COVID-19 TEMPORARY POLICY FOR LIST B IDENTITY DOCUMENTS.
Because many areas are under stay-at-home orders due to COVID-19 and some online renewal services have restrictions, employees may experience challenges renewing a state driver's license, a State ID card, or other Form I-9, Employment Eligibility Verification, List B identity document. Considering these circumstances, DHS issued a temporary policy regarding expired List B identity documents used to complete Form I-9, Employment Eligibility Verification.

Beginning on May 1st, identity documents found in List B set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes.
 
 
POST-COVID-19 PERM MUSINGS: I FILED A PERM ... CAN I CHANGE JOBS AFTER RECEIVING A PERM APPROVAL? 
For most seeking  employment-based green cards , having their employer pursue PERM Labor Certification is the first step in the process. The PERM process involves a series of requirements the employer must complete, such as a recruitment process and obtaining the prevailing wage determination. PERM is in place to help prevent employers from taking advantage of the immigration system, seeking foreign labor that would be willing to work for lower wages and preventing other American workers from securing gainful employment. PERM is a lot of work for the employer and can take a substantial amount of time to complete. During that time, the foreign worker may find another job that may be better suited to them. The question then arises as to whether or not he or she may switch prospective jobs either during the PERM process or after PERM approval. 
 
CANADA IMMIGRATION FEE UPDATE: INCREASE IN PERMANENT RESIDENCE FEES EFFECTIVE APRIL 30TH. 
In order to manage increasing program and service delivery costs, Immigration, Refugees and Citizenship Canada is increasing permanent residence fees for most economic immigration programs, except caregivers, as of April 30th, 2020.

Permanent residence fees have not increased since 2002. As such, they do not reflect the rise in inflation over the last 18 years and the increasing cost of permanent residence operations and processing.

The increase on April 30th will impact applicants to most economic permanent residence immigration programs, except caregivers. The fees will then be automatically adjusted for inflation every 2 years for all permanent residence applications, including the economic, family and humanitarian programs, beginning in 2022.
 
 
MAINTAIN INDICIA OF LPR STATUS: STUCK ABROAD AND UNABLE TO RETURN TO THE U.S. WITHIN 180 DAYS.
Green card holders who are abroad and cannot currently travel back to the United States due to the COVID-19 pandemic should consider keeping evidence of U.S. ties for re-entry.
 
As a lawful permanent resident (green card holder), absences of more than 180 days to one year may create a "presumption" that you have abandoned your permanent resident status.
 
This could lead to questioning at the border upon re-entry to the United States.
 
Therefore, it is recommended that you carry evidence with you that you could not travel back (return) to the United States due to the COVID-19 pandemic, as well as evidence that you have maintained ties to the United States. 

ICE ANNOUNCES ADDITIONAL EXTENSION OF FLEXIBILITY IN RULES RELATED TO FORM I-9 EMPLOYMENT ELIGIBILITY VERIFICATION COMPLIANCE. 
On May 14 th , 2020, U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in rules related to Form I-9 compliance that was granted earlier this year. On March 19th, 2020, due to precautions implemented by employers and employees associated with COVID-19, the Department of Homeland Security (DHS) announced that it would exercise discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act. This provision, as explained in the guidance below, was implemented for 60 days and was set to expire May 19th. Due to the continued precautions related to COVID-19, DHS has extended this policy for an additional 30 days. 

DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR MAY 2020 - IF YOUR "PRIORITY DATE" IS CURRENT, PLEASE LET US KNOW?  YES, . . . WE KNOW . . . MOVEMENT CONTINUES TO BE SLOW!  
Employment-Based, First Preference (EB-1) Category:
 
The EB-1 category for all countries of chargeability except India and China finally returns to being current. Meanwhile, India and China only get a bit of relief in this category. EB-1 India advances to August 1, 2015, and EB1 China moves ahead to July 15, 2017.

Employment-Based, Second Preference (EB-2) Category:
 
The EB-2 category remains current for all countries of chargeability except India and China. EB-2 India inches forward to June 2, 2009. EB-2 China moves up to October 1, 2015.

Employment-Based, Third Preference (EB3-) Category:
 
EB-3 India advances to March 1, 2009. EB-3 China moves forward to May 15, 2016. For all other countries of chargeability, EB-3 remains set at January 1, 2017.

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 July 15, 2008.

Employment-Based, Fourth Preference (EB-4) Category:  

The EB-4 cutoff date for El Salvador, Guatemala, and Honduras moves to August 15, 2016. EB-4 for Mexico moves ahead to May 1, 2018. 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 chargeability except India, China, and Vietnam. EB-5 India races ahead to October 1, 2019. For China, the cutoff date moves to July 1, 2015. The EB-5 cutoff date for Vietnam moves up to April 1, 2017.
 
 
CANADIAN IMMIGRATION LAW NEWS .

CANADA ANNOUNCES HELP FOR EMPLOYERS TO MEET THEIR LABOR NEEDS.
The Government announces a process to allow temporary workers to get back to work quickly. With the COVID-19 pandemic impacting almost every sector in Canada, temporary foreign workers and their employers are confronted by new challenges in a rapidly changing job market.

Many temporary workers with employer-specific work permits lost their jobs this spring. While some have left Canada, others are unable to leave due to international travel restrictions or the reduction in flights available. Under existing rules, to change jobs they need to apply and wait for a new work permit to be issued before starting to work at their new job.

Canada has become a destination of choice for international students. This is attributed to strong schools and programs of study in both English and French; welcoming and diverse communities with an enviable quality of life; and opportunities to start careers. Eventually, these students become ideal candidates for permanent residency with their Canadian education, in-demand labor skills, and proficiency in one of the official languages.


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 LAWYERS PRESENT A VIDEO ABOUT US IMMIGRATION LAW OPTIONS FOR MARRIAGE, FIANCÉ, & FAMILY CASES AND THE BONA FIDES OF DOCUMENTS TO ACCOMPANY THESE CASES.
Documents Used to Prove a Bona Fides of the Marriage.

A marriage certificate proves the legality of a marriage, but it doesn't prove that the marriage is genuine for the purposes of removing the conditions on residence. USCIS wants to confirm that both parties entered the marriage in "good faith" and not for the purpose of circumventing immigration laws. When filing Form I-751, you must also submit copies of as many documents as you can to establish this fact and to demonstrate the circumstances of the relationship from the date of marriage to the present date. The documents can include but are not be limited to the following examples:

Evidence of Cohabitation.
Generally, a married couple will live together. Although cohabitation is not always the case, it's an indicator and good evidence to establish the couple has a bona fide marriage. The following are examples of acceptable documents you may use as evidence of cohabitation:
  • Deed to property showing both names
  • Mortgage or loan documents showing both names
  • Lease agreement showing both names
  • Driver's licenses or IDs showing the same address
  • Bank statements showing the same address
  • Voided or cancelled checks showing the same address
  • Utility bills showing the same address (electricity, water, gas, trash, cable, internet, cell phone, etc.)
  • Property insurance agreements, statements, or cards showing the same address
  • Health and life insurance statements showing the same address
  • Correspondence from friends, family, or businesses showing the same address
  • Affidavits from friends, family, neighbors, and landlords attesting to cohabitation.
PRESIDENT TRUMP RECENTLY ISSUED A PROCLAMATION ABOUT BANNING IMMIGRATION TO THE US: NPZ LAWYERS DISCUSS THIS RECENT PROCLAMATION AND WHAT IT MEANS FOR THE FUTURE OF IMMIGRATION LAW PRACTICE IN THE 21ST CENTURY. 

The Presidential Proclamation affects a limited group of prospective U.S. immigrants, specifically foreign nationals who are outside the U.S. on the effective date of the Presidential Proclamation [April 23, 2020] and have not been issued a valid immigrant visa or similar U.S. travel document by a U.S. Consulate.  The Presidential Proclamation is not applicable to foreign nationals  already  holding a valid U.S. immigrant visa or similar travel document.  Moreover, the Presidential Proclamation does not affect the filing of applications for adjustment of status to permanent residence in the U.S.  Accordingly, the Presidential Proclamation is NOT a complete halt on U.S. immigration.

In practical terms, the Presidential Proclamation is largely symbolic due to the restrictions already in effect on lawful immigration as a consequence of the coronavirus pandemic.  Previous executive orders [i.e.   Proclamation 9984,   Proclamation 9992,   Proclamation 9993, etc.] suspended entry of certain immigrant and nonimmigrant foreign nationals who were physically present within China, Iran, Schengen Countries, UK, and Ireland, 14 days prior to their entry into the U.S.  President Trump has also   indefinitely suspended  all routine immigrant and nonimmigrant visa services at all U.S. Embassies and U.S. Consulates.  U.S. Citizenship and Immigration Services also   suspended, until at least May 3, 2020, all routine in-person services, including adjustment of status interviews, biometrics appointments, and naturalization oath ceremonies. The U.S. borders with Canada and Mexico are closed for non-essential travel until at least May 20, 2020.