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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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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:
Amidst the COVID-19 Pandemic, Travel Restrictions to the US and now a new virus from swine, the U.S. Citizenship and Immigration Services (USCIS) has notified Congress of a massive projected budget shortfall that is threatening the Agency's operations and the financial well-being of thousands of USCIS employees.
USCIS, which is primarily funded by application fees, has requested a $1.2 billion dollar bailout from Congress to keep the Agency afloat.
USCIS plans to impose a 10% surcharge on most immigration-related applications and petitions to pay the funding back. Without this funding, USCIS claims that it will not have sufficient funds to maintain its operations through the end of the fiscal year, nor to fund its operations during the first quarter of FY2021. USCIS has begun issuing furlough notices to its employees and anticipates that the Agency will need to administratively furlough approximately 13,400 employees starting August 3rd if the Agency does not receive funding from Congress.
Employees may remain furloughed until October 1st, 2020. Although USCIS claims that its budget shortfall is caused by the coronavirus pandemic; in reality, the Agency's shortfall is largely due to the Agency's own fiscal mismanagement for counterproductive policies such as interviewing all cases, issuing RFE documents for information already in the Agency's possession and for failing to re-use such biometric data.
Strap yourselves in for what is going to be a very wild ride this summer. The November election is rapidly approaching! We remind our readers that we are US and Canadian Immigration Lawyers. We look forward to being able to assist you, your family, your friends, etc. with their immigration and nationality law issues. We can be e-mailed at [email protected] or we can always be reached by telephone at 201-670-0006 (x100).
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THE JUNE PROCLAMATION: SUMMARY OF THE PRESIDENTIAL PROCLAMATION SUSPENDING ENTRY OF ALIENS TO THE UNITED STATES ON H, L AND J VISAS.
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The New June Proclamation took effect on June 24th, 2020 at 12:01 AM ET. It will remain in effect through December 31st, 2020 and may be continued or modified as necessary.
Background:
On June 20th, 2020, President Trump issued a Proclamation that suspends the entry of foreign nationals on certain employment-based nonimmigrant visas into the United States.
This Proclamation also extends, effective immediately, Presidential Proclamation 10014 issued on April 22nd, 2020 which suspended the entry of certain immigrants into the United States.
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JUNE PROCLAMATION FAQS: US PRESIDENTIAL PROCLAMATION SUSPENDING THE ENTRY OF IMMIGRANTS AND NONIMMIGRANTS HOLDING CERTAIN WORK VISAS? (AILA SOURCE).
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This FAQs will help you to understand the impact of the recently announced President's Proclamation suspending the Entry of Immigrants and Nonimmigrants holding certain work visas and will address some of most frequently asked questions.
Q: Which visas are affected with the Presidential Proclamation (June 22nd, 2020)?
A: The Presidential Proclamation announced on June 22nd, 2020 extends Proclamation 10014 for certain immigrant visa and includes certain H-1B, H-2B, L, and J visa applications. https://www.whitehouse.gov/presidential-actions/proclamation- suspending-entry-aliens-present-risk-u-s-labor-market-following- coronavirus-outbreak/
Q: I have an approved (H-1B, H-2B, J, or L) petition and I'm waiting for my interview. What does this mean for me?
A: Suspension of entry applies to "any alien who does not have a nonimmigrant visa that is valid on the effective date of this proclamation."
https://www.whitehouse.gov/presidential-actions/proclamation- suspending-entry-aliens-present-risk-u-s-labor-market-following- coronavirus-outbreak/
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HR PROFESSIONALS TAKE HEED: ICE ANNOUNCES FURTHER EXTENSION OF THE FLEXIBILITY IN COMPLYING WITH THE IN-PERSON REQUIREMENTS RELATED TO FORM I-9 DUE TO COVID-19.
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The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have recently announced a further extension of the flexibility in complying with the in-person requirements related to Form I-9 due to COVID-19. The temporary policy was originally put into place for the period of March 20th, 2020 until May 19th, 2020. It was extended until June 18th and now it has been extended for another 30 days.
DHS' temporary policy will defer the requirements for employers to review Form I-9 documents in-person with new employees where employers and workplaces are operating remotely due to COVID-19. Employers may inspect the Section 2 documents remotely (e.g., over video link, fax or email). Employers should enter "COVID-19" as the reason for the physical inspection delay in the Section 2 "Additional Information" field.
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U.S. Citizen and Immigration Services (USCIS) is rescinding two policy memoranda regarding the adjudication of certain petitions for H-1B nonimmigrant visa classification. This settlement marks a liberalization in the very strict policy guidance that applied to H-1B adjudications which led to a significant number of H-1B denials.
USCIS is rescinding the policy memoranda and issuing updated policy guidance in their place: Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Reference AFM Chapter 31.3(g)(16)), HQ 70/6.2.8 (AD 10-24), issued January 8, 2010; and Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites, PM-602-0157, issued February 22nd, 2018.
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USCIS issued a report providing a total estimate of nonimmigrants who, as of September 30th, 2019, are currently authorized to work in the United States under the H-1B visa classification. Per USCIS, the H-1B authorized-to-work population is approximately 583,420. All aliens included in this number are nonimmigrants who have received authorization from USCIS and the Department of State (if applicable), to work in an H-1B specialty occupation.
The H-1B nonimmigrant visa classification is a vehicle through which U.S. employers may obtain workers on a temporary basis in specialty occupations. Information on the current population of foreign nationals authorized to work in the United States in H-1B nonimmigrant classification remains important to policy makers and researchers. However, estimating the H-1B authorized-to-work (ATW) population currently residing in the United States is complex as no electronic data system tracks or houses this information.
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DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR JULY 2020 - IF YOUR "PRIORITY DATE" IS CURRENT, PLEASE LET US KNOW? YES ... WE KNOW ... MOVEMENT CONTINUES TO BE SLOW!
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Employment-Based, First Preference (EB-1) Category
The EB-1 category for India continues to advance. The cutoff date now is set at May 8, 2017. Meanwhile, EB-1 for China moves up to August 22, 2017. The category remains current for all other countries of chargeability.
Employment-Based, Second Preference (EB-2) Category
The EB-2 category remains current for all countries of chargeability except India and China. The EB-2 category for India moves up to July 8, 2009. EB-2 China advances to November 8, 2015.
Employment-Based, Third Preference (EB-3) Category
The cutoff date for EB-3 India moves forward to June 1, 2009. EB-3 China's cutoff date is set at June 22, 2016. All other cutoff dates for the EB-3 category retrogress to April 15, 2018.
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 22, 2008.
Employment-Based, Fourth Preference (EB-4) Category
The cutoff date for EB-4 Mexico moves forward to June 15, 2018. Meanwhile, the cutoff date for El Salvador, Guatemala, and Honduras moves to February 1, 2017. This category remains current for all other countries of chargeability.
Employment-Based, Fifth Preference (EB-5) Category
EB5 India is now current, leaving only China and Vietnam with a cutoff date in the EB5 category. For China, the cutoff date moves to July 22, 2015. For Vietnam, the EB5 cutoff date moves to May 15, 2017.
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CANADIAN IMMIGRATION LAW NEWS .
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CANADIAN IMMIGRATION - HOW TO IMMIGRATE TO CANADA - CONSIDER FAMILY SPONSORSHIP.
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Your relatives can live, study and work in Canada if they become permanent residents.
Who is eligible to sponsor their spouse, partner or child?
* You are at least 18 years old.
* You are a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act.
* If you're a Canadian citizen living outside Canada, you must show that you plan to live in Canada when the persons you want to sponsor become permanent residents.
* You cannot sponsor someone if you are a permanent resident living outside Canada.
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The Home Child Care Provider Pilot and the Home Support Worker Pilot are 5-year pilot programs that allow qualified caregivers and their family members come to Canada with the goal of becoming permanent residents.
If you have been offered a job in Canada as a caregiver or have experience working in Canada as a caregiver, you may be able to apply for permanent residence through one of these pilots.
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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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MARRIAGE FIANCE & FAMILY CASES AND THE IMPORTANCE OF A VALID AND LEGALLY SUFFICIENT BIRTH CERTIFICATE.
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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
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IS APPLYING FOR UNEMPLOYMENT INSURANCE (UI) GOING TO IMPACT CONSIDERATION FOR ME AS A "PUBLIC CHARGE" UNDER THE NEW FEBRUARY 24TH PUBLIC CHARGE RULE (AND THE NEW FORM I-944)?
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Unemployment Insurance Benefits Are Normally Not Subject to Public Charge. Unemployment insurance benefits are not generally taken into consideration by the USCIS for purposes of making a public charge determination. As USCIS explained in its final rule on inadmissibility on public charge grounds ...
"DHS would not consider federal and state retirement, Social Security retirement benefits, Social Security Disability, post secondary education, and unemployment benefits as public benefits under the public charge inadmissibility determination as these are considered to be earned benefits through the person's employment and specific tax deductions". Additionally, the USCIS Policy Manual states that unemployment benefits are not considered by USCIS in a public charge inadmissibility determination as unemployment insurance is considered by USCIS as an "earned" benefit. See USCIS Policy Manual, Volume 8, Part G, Chapter 10.
As a result of the definitions laid out in the final rule and the USCIS Policy Manual, claiming unemployment insurance benefits (if otherwise eligible for it) should not lead to a public charge determination. The unemployment benefit insurance program is administered by the states who pick up the cost of providing the unemployment insurance initially (normally 26 weeks). After this period, the federal government pays for the cost of the unemployment insurance up to a certain maximum number of weeks. Eligibility for unemployment insurance varies slightly by state and also as to whether the benefits are paid by the state (during the first 26 weeks) or by the federal government (afterwards).
We should caution, however, that losing one's job may create factors which would weigh negatively during a public charge analysis. For example, many workers obtain health insurance through their employment and not having health insurance, especially with medical conditions, is a negative factor for public charge.
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