H-1B SEASON IS UPON US . . . WILL THIS YEAR'S ECONOMY BRING A LOTTERY? PLANNING FOR THE H-1B VISA SEASON MAY BE THE KEY TO BEING ABLE TO CONTINUE YOUR WORK AUTHORIZED STATUS IN THE U.S. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

 It is that time of year again! We always hear the accountants moan and
groan about the approaching April 15th deadline each year but, you have
to listen a bit more closely and you will also hear (and see) the U.S.
business immigration lawyers and attorneys manifesting their distaste
for the April 1st deadline (filing date) for "cap" subject H-1B
professional and specialty occupation worker visas.



H-1B SEASON IS UPON US . . . WILL THIS YEAR'S ECONOMY BRING A LOTTERY? PLANNING FOR THE H-1B VISA SEASON MAY BE THE KEY TO BEING ABLE TO CONTINUE YOUR WORK AUTHORIZED STATUS IN THE U.S. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part V) - Additional Methodologies For Providing Administrative Relief and To Allow Flexibility for Business Immigration Visa Applica | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part V) - Additional Methodologies For Providing Administrative Relief and To Allow Flexibility for Business Immigration Visa Applica | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm 



Optional Practical Training. Secretary Johnson has directed ICE and
USCIS to develop regulations to expand the degree programs eligible for
OPT under the rule that currently allows certain STEM professionals to
use OPT for up to 29 months. The time period of 29 months will also be
extended, but a specific number of additional months was not mentioned
by Secretary Johnson in his memo to USCIS Director Rodriguez.

Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part V) - Additional Methodologies For Providing Administrative Relief and To Allow Flexibility for Business Immigration Visa Applica | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

After years, President Obama has finally announced his plan for Administrative Relief. It is not an "Executive Decision". It is not an immigration Bill (although it is hoped that it may lead to one). The program will go under the name "Immigration Accountability Executive Action".

The following is a short description of some of the highlights of another part of the President's plan.

• Enlistees in the Military. Department of Homeland Secretary, Jeh Johnson, issued a memorandum to USCIS directing the agency to issue new policies on the use of parole-in-place or deferred action for certain spouses, children and parents of individuals seeking to enlist in the U.S. Armed Forces. This is an expansion of the current parole-in-place policy and will encompass family members of US citizens and lawful permanent residents seeking to enlist in the US Armed Forces. The purpose is to support the military in its recruitment efforts. USCIS is also being directed to consider deferred action to those undocumented family members of the U.S. service members who would otherwise be eligible for parole-in-place but were inspected and lawfully admitted to the US.

• Optional Practical Training. Secretary Johnson has directed ICE and USCIS to develop regulations to expand the degree programs eligible for OPT under the rule that currently allows certain STEM professionals to use OPT for up to 29 months. The time period of 29 months will also be extended, but a specific number of additional months was not mentioned by Secretary Johnson in his memo to USCIS Director Rodriguez. ICE and USCIS are being directed to require "stronger ties" to a degree-granting institution to better ensure the training is furthering the student's full course of study. ICE and USCIS are also directed to take steps to ensure that OPT is consistent with US labor market protections to safeguard the interests of US workers in related fields. No details on these last provisions are provided though it sounds pretty open-ended and could make the OPT rules much more restrictive. There is also talk about counting undergraduate STEM programs for purposes of STEM OPT extensions even if the graduate degree is not in a STEM field.

• PERM The Department of Labor will be undertaking a review of the 10 year old PERM program to modernize it and make it more responsive to changes in the national workforce. It will be seeking input on the following:

• Options for identifying labor force occupational shortages and surpluses and methods for aligning domestic worker recruitment requirements with demonstrated shortages and surpluses;

• Methods and practices designed to modernize U.S. worker recruitment requirements;

• Processes to clarify employer obligations to insure PERM positions are fully open to U.S. workers;

o Ranges of case processing timeframes and possibilities for premium processing; and

o Application submission and review process and feasibility for efficiently addressing nonmaterial errors Other changes may also be made beyond these.

• H-4 Work Authorization this rule will be finalized. According to a White House briefing from 11/20, the rule will be released by in December or January.

• The long awaited L-1B memo on "specialized knowledge" will be released.

According to Secretary Johnson, the current program provides vague guidance and inconsistent interpretation of the term "specialized knowledge." The new memo is intended to provide clear, consolidated guidance on the meaning of the term in order to improve consistence in adjudications and enhance a company's confidence in the program.

More changes may be coming when an actual memorandum and regulations may be issued. For more information, please feel free to contact the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. at 201-670-0006 (x107). VISASERVE TEAM'S U.S. immigration lawyers or attorneys can also be reached by e-mail at info@visaserve.com or by calling us TOLL FREE at 866-599-3625. In the meantime, please be sure to check out our website at http://www.visaserve.com for updates.

'Know Before You Go': NPZ Law Group Helps Ease The Stress of Holiday Travel For Certain Foreign Nationals. By: Michael Phulwani, Esq., David H. Nachman, Esq., and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

'Know Before You Go': NPZ Law Group Helps Ease The Stress of Holiday Travel For Certain Foreign Nationals. By: Michael Phulwani, Esq., David H. Nachman, Esq., and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm



This the season to be jolly . . . but it is also the season when
international travel can be a folly. Many foreign nationals will be
traveling outside the U.S. during the holidays. This holiday travel
usually extends from the end of December through the middle of January.
Of course, for some, holiday travel often seems to entail a visit to the
friendly Customs and Border Protection (CBP) Officer. For others,
holiday travel may entail a visit to the U.S. Consulate Office in a home
or third-country.

Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part III) - Changes to Provisional Waivers and 'Extreme Hardship Definition. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part III) - Changes to Provisional Waivers and 'Extreme Hardship Definition. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

Immigration Accountability Executive Action Was
Announced By President Obama. Are You or Someone You Know a Beneficiary?
(Part III) - Changes to Provisional Waivers and "Extreme Hardship
Definition.

Overview about "All" Administrative Benefits | Immigration Accountabilit...

Highlights of the Administrative Action - Get the Details here -
Comments on iTV by Nachman Phulwani Zimovcak (NPZ) Law Group to the
President's recent announcement about Immigration Action in the U.S.

Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part I) | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part I) | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm



After years, President Obama has finally announced his plan for Administrative Relief. It is not an "Executive Decision". It is not an immigration Bill (although it is hoped that it may lead to one). The program will go under the name "Immigration Accountability Executive Action". The
following is a short description of some of the highlights of the President's plan.

Business Immigration: Proposed Administrative Relief | Executive Action ...

On November 20 and 21, 2014, President Obama announced his “immigration accountability executive action,” which includes a series of measures that are first steps towards common-sense reforms to an outdated immigration system.

The series of executive actions presented by the administration range from new temporary immigration protections for many unauthorized parents of U.S. citizens and lawful permanent residents to highly technical regulatory proposals to fix outdated visa provisions.

The series of changes, updates, and temporary measures relies on the expansion of successfully implemented programs, enhanced efforts to coordinate immigration enforcement and benefit policies across agencies, and attempts to use immigration as a tool of economic and social change.

At the same time, the policies reflect the limits of executive authority, in many cases offering temporary respites until Congress definitively acts to reform the law.

Business Immigration: Proposed Administrative Relief | Executive Action ...

The REALLY BIG news is that President Obama is poised to announce unilateral reforms to the U.S. immigration law as early as next week. It appears that this will be done through the grant of "Administrative Relief". This information was leaked to the press last week and the news references a "memo" that will be released that will set forth the form(s) that the administrative relief will take(many of which have been already discussed in NPZ's prior E-zines).

"Administrative Relief" which is based on prosecutorial discretion (which has its genesis in the Morton Memorandum from 2011), is a broad term-of-the- art that encompasses various forms of temporary relief from Removal from the U.S. that does not formally grant legal immigration status. The U.S. Department of Homeland Security's (DHS's) prosecutorial discretion powers include the ability to refrain from placing a potentially removable persons into proceedings, suspend and/or terminate a proceeding, postpone a removal, release a person from detention, or de-prioritize the enforcement of a particular immigration law.

Many forms of "prosecutorial discretion" include the grant of work authorization (work permit). The ability to obtain a work permit in the U.S. is critical to members in various immigrant communities. One recent example of the use of "prosecutorial discretion" was the implementation of the Deferred Action and Childhood Arrivals Program (DACA). It appears that President Obama will be seeking to expand DACA benefits (work and travel authorization) to parents of DACA beneficiaries. This makes sense in light of our Nation's recognition of "Family Unity" as a very strong underlying policy of immigration law.

With then stewardship and reasoned guidance of the Obama Administration, DHS has the capability to expand the use of prosecutorial discretion. In fact, it has done so already by instituting the "Parole-in-Place" Program for military family members. While the details of President Obama's plan still remain vague, it is clear that there are several existing forms of prosecutorial discretion, including existing DHS administrative remedies, that can be expanded. At this point, we urge any individuals who think that they may be able to benefit for the new immigration programs to begin to collect-up you legal documents.

As soon as the Obama Administration and DHS makes a formal announcement about the administrative relief and prosecutorial discretion, the Nachman Phulwani Zimovcak (NPZ) Law Group's immigration lawyers and attorneys will provide more detailed guidance and will conduct initial consultations about the ways that the programs may be able to serve you, your friends and family members, and various members of the numerous immigrant communities. For more information, please feel free to contact the VISASERVE TEAM'S U.S. immigration lawyers or attorneys by e-mail at info@visaserve.com or by calling us at 201-670-0006 (x107). In the meantime, please be sure to check out our website at http://www.visaserve.com for updates.

Business Immigration: Proposed Administrative Relief | Executive Action ...

Executive Actions on Immigration | Overview about "All" Administrative B...

More than 1,100 immigrants are separated from their families and communities each day through deportations.

The Obama administration has both the legal authority and the moral responsibility to prevent tomorrow’s citizens from suffering the consequences of political inaction on Capitol Hill. It can act without congressional assistance by providing what’s known in the legal community as “administrative relief.”

“Administrative relief” is based on prosecutorial discretion (the power to make decisions about an immigrant’s ability to remain in the U.S.) and includes various forms of temporary relief from deportation and work authorization.

The U.S. Department of Homeland Security (DHS) can expand its prosecutorial discretion guidelines. Currently, DHS can postpone, suspend or stop deportation proceedings, release a person from detention, or lower the priority of a case that does not serve enforcement interests. DHS also can grant work authorization and should expand the eligible categories to include people whose removal cases have been administratively closed.

NPZ Commercial Sequence broadcast h264 SD 002

El 20 de noviembre de 2014, el Presidente anunció una serie de acciones ejecutivas para tomar medidas enérgicas sobre la inmigración ilegal en la frontera; darle prioridad a deportar criminales, no a las familias; y requerir que ciertos inmigrantes sin documentos legales aprueben una verificación de antecedentes penales y paguen contribuciones para poder mantenerse en los Estados Unidos sin miedo a ser deportados.

Expand Deferred Action for Childhood Arrivals (DACA) | Extend Deferred A...

President Obama announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes (DAPA) to get a work permit. Applications for this program should be available in 180 days or less. DACA has also been expanded. Click on the link below to see the video about the President's announcement about Administrative Relief.

NPZ Commercial Sequence broadcast h264 SD 002

Spanish NPZ Commercial Sequence for Telemundo for new NPZ Law Group Office in Indianapolis.

Administrative Relief History and President Obama's Impending Announcement

Pre-President Obama announcement yesterday about Administrative Relief from several of the Immigration Lawyers at the NPZ Law Group - in English and in Spanish.

Administrative Relief is the form that President Obama has chosen for implementing U.S. immigration law reform. Administrative Relief comes in the form of Deferred Action such as DACA and Parole-in-Place. There is really nothing new about Deferred Action. It has been a part of the powers of the Executive Branch of Government for years. Other Presidents like Bush and Reagan have used these powers. The U.S. immigration law is broken. Families have been separated and the law does not allow for enough highly-skilled workers to come to the U.S. to allow us to stay on the cutting-edge in the technology field. Stay tuned for how President Obama is going to reform the U.S. immigration laws . . .

http://www.visaserve.biz/#!administrative-relief/c1jmk

U.S. IMMIGRATION NEWS FLASH: Obama's New Administrative Relief Programs

Administrative
Relief is the form that President Obama has chosen for implementing U.S.
immigration law reform. Administrative Relief comes in the form of Deferred
Action such as DACA and Parole-in-Place. There is really nothing new about
Deferred Action. It has been a part of the powers of the Executive Branch of
Government for years. Other Presidents like Bush and Reagan have used these
powers. The U.S. immigration law is broken. Families have been separated and
the law does not allow for enough highly-skilled workers to come to the U.S. to
allow us to stay on the cutting-edge in the technology field. Stay tuned for
how President Obama is going to reform the U.S. immigration laws . . .

http://www.visaserve.biz/#!administrative-relief/c1jmk

U.S. IMMIGRATION NEWS FLASH: Obama's New Administrative Relief Programs

President Obama is likely to announce Administrative Relief for
Immigrants in the U.S. How will the GOP react?  Why is he doing this? Will you need an Immigration Lawyer to do this work for you and your family?  Beware of immigration scams!

U.S. IMMIGRATION NEWS FLASH: Comprehensive Immigration Reform by Kunal Patel and other Articles Contributed by Indians Community in Indianapolis Area

U.S. IMMIGRATION NEWS FLASH: Comprehensive Immigration Reform by Kunal Patel and other Articles Contributed by Indians Community in Indianapolis Area



The REALLY BIG news is that President Obama is poised to announce
unilateral reforms to the U.S. immigration law as early as next week. It
appears that this will be done through the grant of "Administrative
Relief". This information was leaked to the press last week and the news
references a "memo" that will be released that will set forth the
form(s) that the administrative relief will take(many of which have been
already discussed in NPZ's prior E-zines).

From Nov. 12-15, Form I-90, Application to Replace Permanent Resident Card, Available for Filing in USCIS ELIS | USCIS

From Nov. 12-15, Form I-90, Application to Replace Permanent Resident Card, Available for Filing in USCIS ELIS | USCIS



USCIS - the U.S. Immigration Service announces - From Nov. 12-15, Form I-90, Application to Replace Permanent Resident Card, Available for Filing in USCIS ELIS . . .  

Courthouse News Service

Courthouse News Service



Two South Dakota companies admitted using sneaky tactics to employ
undocumented workers in $2.5 million worth of federal projects in the
Black Hills National Forest.

APPEAL THE IMMIGRATION CASE | MOTION TO REOPEN | REFILE THE CASE

APPEAL THE IMMIGRATION CASE | MOTION TO REOPEN | REFILE THE CASE

NUNC PRO TUNC

For those who fell out of status, nunc pro tunc relief can
potentially be the way to gain back the status. Immigration laws are very
strict. If the application for extension of status or change of status is filed
even one (1) day after the expiration date of status, the extension or change
of status application is denied by the USCIS. However, nunc pro tunc relief
grants relief to those whose extension or change of status applications were
denied because they were filed late or incorrectly. In order to succeed on nunc
pro tunc, one must need to show that the extension or change of status
application was submitted late because of “extraordinary circumstances beyond
control of the applicant.”  Ineffective
assistance of counsel, misrepresentation by fraudulent immigration brokers are
some of the examples that may qualify for “extraordinary circumstances beyond
control of the applicant.

http://myemail.constantcontact.com/TEANECK-INTERNATIONAL-FILM-FESTIVAL-EVENT-IN-NOVEMBER.html?soid=1011188341227&aid=IAk3o-CneWk

http://myemail.constantcontact.com/TEANECK-INTERNATIONAL-FILM-FESTIVAL-EVENT-IN-NOVEMBER.html?soid=1011188341227&aid=IAk3o-CneWk



Nachman Phulwani Zimovcak (NPZ) Law Group and the Teaneck International Film Festival (TIFF) present Ram-Leela. Ram-Leela is
an epic, visually opulent, lavish Bollywood musical. Set in Gujarat, in
Northwest India, two rival clans have been warring for 500 years and
find themselves in present day where Ram and Leela fight the world to
live their own dreams. 

Statement by Secretary Johnson on Security Enhancements to the Visa Waiver Program | Homeland Security

Statement by Secretary Johnson on Security Enhancements to the Visa Waiver Program | Homeland Security



Effective today, those seeking to travel to the United States from
countries in our Visa Waiver Program (VWP) will be required to provide
additional data fields of information in the travel application
submitted via the Electronic System for Travel Authorization (ESTA). The
new information sought includes additional passport data, contact
information, and other potential names or aliases. We are taking this
step to enhance the security of the Visa Waiver Program, to learn more
about travelers from countries from whom we do not require a visa. We
are also confident these changes will not hinder lawful trade and travel
between our Nation and our trusted foreign allies in the Visa Waiver
Program.

http://myemail.constantcontact.com/NPZ-LAW-GROUP-S-MONTHLY-U-S----CANADIAN-IMMIGRATION-LAW-UPDATE-.html?soid=1011188341227&aid=qqWth71PbCg

http://myemail.constantcontact.com/NPZ-LAW-GROUP-S-MONTHLY-U-S----CANADIAN-IMMIGRATION-LAW-UPDATE-.html?soid=1011188341227&aid=qqWth71PbCg

 

The midterm elections are next week and we are all waiting to
see whether President Obama will "make good" on his campaign (and
later) promises about U.S. immigration reform. Like most political
issues, immigration reform has now become confounded (mixed-up) with a
variety of others such as healthcare reform, the Ebola crisis and the
ongoing battles with ISIS/ISIL. It continues to be our hope that the
President is able to roll-out his "administrative" fixes if Congress
remains stalled following the midterm elections. 

Certificación de Estatus U de No Inmigrante: Un Aro Que Cada Beneficiario de U Visa Tiene Que Saltar - Por: Michael Phulwani, Esq., David H. Nachman, Esq., y Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

Certificación de Estatus U de No Inmigrante: Un Aro Que Cada Beneficiario de U Visa Tiene Que Saltar - Por: Michael Phulwani, Esq., David H. Nachman, Esq., y Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm



Certificación de Estatus U de No Inmigrante: Un Aro Que Cada Beneficiario de U Visa Tiene Que Saltar . . .

¿QUÉ NECESITAN SABER LOS GERENTES DE RECURSOS HUMANOS Y PROPIETARIOS DE NEGOCIOS SOBRE 'ABORDAJE' DE NUEVOS EMPLEADOS H-1B? - Por: Michael Phulwani, Esq., David H. Najman, Esq., y Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

¿QUÉ NECESITAN SABER LOS GERENTES DE RECURSOS HUMANOS Y PROPIETARIOS DE NEGOCIOS SOBRE 'ABORDAJE' DE NUEVOS EMPLEADOS H-1B? - Por: Michael Phulwani, Esq., David H. Najman, Esq., y Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm



Primero de octubre marca el inicio del "abordaje" de los nuevos
empleados H-1B en muchas empresas en todo Estados Unidos. Ganar la
lotería y tener peticiones H-1B aprobadas por el Servicio de Ciudadanía e
Inmigración de los Estados Unidos (USCIS)[1]¹ fueron
sólo dos pasos iniciales envueltos en el proceso de retención y
contratación de extranjeros talentosos en los Estados Unidos. 

USCIS Expands the Definition of “Mother” and “Parent” to Include Gestational Mothers Using Assisted Reproductive Technology (ART) | USCIS

USCIS Expands the Definition of “Mother” and “Parent” to Include Gestational Mothers Using Assisted Reproductive Technology (ART) | USCIS



USCIS issued a new policy (PA-2014-009)
clarifying the definition of “mother” and “parent” under the
Immigration and Nationality Act (INA) to include gestational mothers
using assisted reproductive technology regardless of whether they are
the genetic mothers. USCIS and the Department of State (DOS), who
exercise authority over these issues, collaborated in the development of
this policy. 

Inscripción en la Visa de Diversidad 2016: 'Si no participas, no te la puedes ganar' - David Nachman, Esq., Michael Phulwani, Esq. and Rabindra Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

Inscripción en la Visa de Diversidad 2016: 'Si no participas, no te la puedes ganar' - David Nachman, Esq., Michael Phulwani, Esq. and Rabindra Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm



El programa de Lotería de Visa de Diversidad 2016 (DV-2016) comenzará a
las 12 del mediodía, (EDT) (GMT), el Miércoles, 1 de octubre de 2014, y
cerrará a las 12 del mediodía, (EDT), el Lunes, 4 de noviembre de 2014.
Todo aplicante deberá someter su planilla electrónicamente durante el
periodo de inscripción usando el formulario DV (E-DV) www.dvlottery.state.gov.
Planillas en papel no serán aceptadas. Es importante para todo
aplicante no esperar hasta la última semana del periodo de inscripción
para llenar la solicitud. Fuertes demanda puede causar demoras en la
página. Inscripciones no serán aceptadas después de las 12 del mediodía,
EDT, del 3 de noviembre de 2014.

PERM case Requests for Reconsideration

PERM case Requests for Reconsideration



As of October 27, 2014, the Atlanta National Processing Center has
changed its process and will no longer automatically forward to BALCA
all PERM case Requests for Reconsideration where the original case
decision was upheld. Rather, a Notice of Decision will be issued when
the case is upheld, and the employer must affirmatively request review
before BALCA no later than 30 calendar days after the date the Notice of
Decision is issued.

CHOICE OF ENTITY: Business Immigration, C-Corp, S-Corp, Corporate Formal...

CHOICE OF ENTITY: Business Immigration, C-Corp, S-Corp, Corporate Formal...

CHOICE OF ENTITY: Business Immigration, C-Corp, S-Corp, Corporate Form is important for the E and L (and other) visas.

GSC SHRM 2014: Employer's I-9 Audit Update

I-9 FORM UPDATE: Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers. 

GSC SHRM 2014: Employer's I-9 Audit Update

H-1B VISAS EFFECTIVE ON OCTOBER 1ST

Are you an HR Manager or Professional "onboarding" a new H-1B nonimmigrant on or after October 1st?  If so, you may want to watch this video. The Nachman Phulwani Zimovcak (NPZ) Law Group looks forward to providing some important information to you.

http://www.cbp.gov/newsroom/local-media-release/2014-10-07-000000/travel-advisory-–-be-“ready-traveler”

http://www.cbp.gov/newsroom/local-media-release/2014-10-07-000000/travel-advisory-–-be-“ready-traveler”



Canada Thanksgiving/Columbus Day 2014 - U.S. Customs and Border Protection, Office of Field Operations, is reminding travelers planning trips across the border this holiday weekend into the United States to plan ahead and to anticipate increased traffic volumes.

Diversity Visa Lottery 2015

Administrative Process (Change for Immigration laws)

This Video has some great U.S. Immigration Law Information
from the Nachman Phulwani Zimovcak (NPZ) Law Group:

- Teaneck International Film Festival - NPZ Law Group is
sponsoring the Bollywood Blockbuster - Ram Leela.

- Administrative Process (change for immigration laws):

    1. Expanding
Deferred Action.

        a) Applying
directly to the local office, not necessarily a last resort

        b)
Humanitarian reasons.

        c) Policy
should set specific criteria to make it easier to qualify.

    2. Parole-In-Place

    3. Counting of
Visa numbers.

        a) Derivatives
are currently counted in visa categories.

        b) Derivatives should be counted
separate.

        c) Retroactive
counting of numbers.

    4. Definition of
Extreme Hardship.

        a) Liberalize
the definition of extreme hardship.

    5. Possibility of
extending or creating a new 245(i) program.

Administrative Process (Change for Immigration laws)

Visa Bulletin for October 2014 and Comprehensive Immigration Reform (CIR)

U.S. Immigration Law Update from Nachman Phulwani Zimovcak (NPZ) Law Group:  October 2014 Visa Bulletin,
Comprehensive Immigration Reform Updates, Administrative Actions that
President Obama can take, Will he react before the mid-term elections?

Visa Bulletin for October 2014 and Comprehensive Immigration Reform (CIR)

HANGING TOUGH IN THE FACE OF ADVERSITY: Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-First Century Act of 2000 (AC-21). | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

HANGING TOUGH IN THE FACE OF ADVERSITY: Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-First Century Act of 2000 (AC-21). | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm



Section 106(c) of AC21, commonly known as the job flexibility provision,
was enacted as Immigration and Nationality Act (INA) section 204(j).
This portion of the INA states as follows: "A petition under subsection
(a)(1)(D) [redesignated as (a)(1)(F)] for an individual whose
application for adjustment of status pursuant to section 245 has been
filed and remained unadjudicated for 180 days or more shall remain valid
with respect to a new job if the individual changes jobs or employers
if the new job is in the same or a similar occupational classification
as the job for which the petition was filed".

Teaneck International Film Festival | Change in visa numbers | CSPA | no...

Utah luxury hotel chain forfeits nearly $2 million for hiring illegal workers

Utah luxury hotel chain forfeits nearly $2 million for hiring illegal workers

Salt
Lake City-based Grand America Hotels and Resorts will forfeit nearly $2
million for hiring unauthorized workers, including illegal aliens,
according to a non-prosecution agreement signed last week between the
company, the U.S. Attorney for the District of Utah and U.S. Immigration
and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
 

TN Classification for Mexicans and Canadians Under the North American Fr...

Bone Fide of Marriage | Adopted | 221g

U.S. under unauthorized status | Section 245i | U Visa

- Hardships in america for those who do not have identification. Bars to the U.S. for staying in the US under unauthorized status ID cards to be handed out to those in New York.
- Section 245i: Out of status immigrants have options to be, grandfathered
- Get U visa to allow yourself to get back into status.

Comprehensive Immigration Reform (CIR) updated July 2014

Cut off dates for August 2014 (Visa bulletin for August 2014) | Children...

Renewal DACA application | I-751 Removal Of Conditions

Cut off Dates for July 2014 (Visa Bulletin for July 2014) | CSPA - supre...

E-1 visa and E-2 visa program

Children Left Behind (Child Status Protection Act - CSPA)

PRIOR REMOVAL ORDER

PRIOR REMOVAL ORDER

http://myemail.constantcontact.com/NPZ-LAW-GROUP-S-U-S----CANADIAN-IMMIGRATION-LAW-UPDATE--CSPA--Renewal-of-DACA--CIR--NAFTA--TN-Applications-at-the-POE-.html?soid=1011188341227&aid=e1mxp_iMpH4

http://myemail.constantcontact.com/NPZ-LAW-GROUP-S-U-S----CANADIAN-IMMIGRATION-LAW-UPDATE--CSPA--Renewal-of-DACA--CIR--NAFTA--TN-Applications-at-the-POE-.html?soid=1011188341227&aid=e1mxp_iMpH4



In Scialabba v. Cuellar de Osorio,
a heavily-divided U.S. Supreme Court ruled against thousands of
aspiring young immigrants who were included on their parents' visa
petitions as minors, but who turned 21-known as "aging-out" before visas
became available. Aging-out is tantamount to someone losing his place
in the visa line with his parents. In the case, the majority ruled
despite having waited his turn in line, the mere fact that the child
aged-out means that his time was lost and the case could not be
converted into a more appropriate visa category.

Ombudsman | How to effectively process your L-1B and H-1B Definition on ...

- How to effectively process your L-1B and H-1B
- Definition on an RFE
- Communicating with the ombudsman, when it is helpful to get a lawyer to help you through this process
- http://www.dhs.gov/case-assistance - Ombudsman Case Assistance with Immigration Cases. Focus on the issue to discuss with Ombudsman.
- The USCIS Ombudsman Liaison Unit (OLU) is responsible for managing the flow of information between USCIS and the Ombudsman’s Office. The OLU responds to questions posed by the Ombudsman’s Office, coordinates and prepares responses to the Ombudsman’s formal recommendations and annual reports, and facilitates the implementation of policies and procedures to ensure that USCIS customers receive the best possible service.
- Children Aging Out - 21 years of age - U.S. Supreme Court Case.
- Getting help with cases: 
1.  Ombudsman - http://www.uscis.gov
2. Assistance from your Congressional Representative - Senator or Congressional Representative
3.  AILA Liaison - http://www.aila.org
4. Using Your Immigration Lawyer or Immigration Counsel
5. Writ of mandamus - Bringing a Lawsuit against  Government to Compel a Result.

Prime Minister of India Narendra Modi Visa Denial

Both Washington and New Delhi want to embrace the idea of BIT but so far they have not been able
to reach a common ground and gather political support. The enthusiasm of the United States in
entering a BIT with India can be sensed through a letter sent by the members Senate India Caucus,
U.S. Senate, urging the President Barack Obama to expedite the ongoing discussions about the treaty
between the U.S. and India. The letter, in pertinent part, states that: “Many countries have already
recognized and acted upon the incredible economic opportunities India presents. India has
completed investment agreements with 80 countries including all major European nations, ASEAN,
Japan and South Korea. In order to overcome the competitive disadvantage already facing American
companies in the Indian marketplace, it is imperative that the United States move forward quickly to
negotiate and conclude this treaty…”

Maintanance of Green Card

'DEFINING PARTNERSHIP OF 21ST CENTURY': E VISA POSSIBILITY FOR INDIAN CITIZENS? By: Michael Phulwani, Esq., David Nachman, Esq. and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

On June 5, 2014, it was announced that India's new Prime Minister, Narendra Modi, will have a bilateral meeting with the U.S. President Barack Obama in the last week of September this year. Among other things, it is a great opportunity for both leaders to discuss the long pending Bilateral Investment Treaty (BIT) between both the countries.

While investment treaty between India and the U.S. would provide important protections to U.S. investors in India, it will also certainly provide a great opportunity to the Indian businessmen to invest and establish businesses in the United States using E nonimmigrant visa. Both Washington and New Delhi want to embrace the idea of BIT but so far they have not been able to reach a common ground and gather political support.

A foreign national may qualify for an E visa depending on the type of agreement [Bilateral Investment Treaty (BIT), Free Trade Agreement (FTA), or Treaty of Friendship, Commerce and Navigation (FCN)] it has with the United States. Most recently, the United States has signed either BITs or FTAs.

A BIT is an agreement establishing the terms and conditions for private investment by nationals and companies of one state in another state. This type of investment is called foreign direct investment (FDI). BITs acts as a tool in protecting the FDI in a volatile market. Especially, they protect foreign investments in light of the risks that foreign investors face in many parts of the world, including cancellation of concessions, leases, or licences; expropriation of shares; windfall, royalty, and other taxes; exchange rate risks; prohibition on the repatriation of profits; political or court interference; environmental regulation and remediation responsibility; land rights issues; riots; and protests, to name but a few. Faced with such risks, and given the likelihood that local courts and laws may not provide a speedy, effective and unbiased means of resolving investment disputes, BITs provide foreign investors with an additional level of protection under international law.

There are two types of E visas: Treaty Trader visa (E-1) and Treaty Investor Visa (E-2). The E-1 visa is applicable to a treaty national entering the U.S. solely to carry on substantial trade, which is international in scope and principally between the U.S. and the foreign state. For E-1 visa, the treaty national must be an essential employee, employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify. The E-2 visa applies to a treaty national [or an entity owned by the treaty national(s)] to develop and direct the operations of an enterprise in which he or she has invested or is actively in the process of investing a substantial amount of capital. For E-2 visa, if the applicant is not the principal investor, s/he must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity.

There is no bright line test of what would constitute a "substantial" amount of capital. The U.S. State Department acknowledges that the costs of investing in a business can vary dramatically, depending on the nature of the business: many millions to buy an automobile factory; and only a relatively small sum to set up a consulting firm. Further, the general rule requires that over 50% of the total volume of the international trade[i] conducted by the treaty trader regardless of location must be between the United States and the treaty country of the alien's nationality.

For a business to qualify for Treaty Investor visa, apart from being a national of the treaty country, at least 50 percent of the business must be owned by person(s) with the treaty country's nationality. Additionally, besides the requirement of investment being substantial, the investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. A paper organization, speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.

E visas have certain advantages over other nonimmigrant visas. Unlike the L-1 visa, the E visa categories do not require the setting up of a branch, subsidiary or parent in the U.S. of a foreign entity. The E visa category also has less government regulations compared to the H-1B visa category. There is no prevailing wage requirement, labor certification attestation, and posting and public access file requirements. Neither there is a cap on the initial grant of E visas nor cap on E visa extensions. Both E-1 and E-2 visa holders are initially granted stay of two years with the possibility of unlimited extensions. All E nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated. Further, Treaty traders/investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age and can get work authorization. More so, their nationalities need not be the same as the treaty investor or employee. Note that since E visas are not dual intent visas, an alien cannot pursue permanent residency (green card) application while on E nonimmigrant status.

Although United States has entered into treaties with some of the India's neighboring states (Pakistan, Sri Lanka[ii] and Bangladesh[iii]), at present, India does not have an FCN treaty, BIT or equivalent treaty with the U.S. In past, India and the United States have engaged in BIT negotiations to enhance trade relations and investment flows. This treaty under negotiation, which has been languishing since 2008, aims to protect and promote investments and guarantee international minimum standards in the treatment of foreign investments.

While on the one hand an investment treaty between India and the U.S. would provide important protections to U.S. investors from arbitrary, discriminatory or confiscatory measures, and would be enforceable by independent international arbitration. On the other hand, such a treaty could also help facilitate additional investment in infrastructure and other priorities in India where investment is badly needed.

Both Washington and New Delhi want to embrace the idea of BIT but so far they have not been able to reach a common ground and gather political support. The enthusiasm of the United States in entering a BIT with India can be sensed through a letter sent by the members Senate India Caucus, U.S. Senate, urging the President Barack Obama to expedite the ongoing discussions about the treaty between the U.S. and India. The letter, in pertinent part, states that: "Many countries have already recognized and acted upon the incredible economic opportunities India presents. India has completed investment agreements with 80 countries including all major European nations, ASEAN, Japan and South Korea. In order to overcome the competitive disadvantage already facing American companies in the Indian marketplace, it is imperative that the United States move forward quickly to negotiate and conclude this treaty..."

While bilateral trade and investment between the United States and India has quadrupled since 2006-now at more than $100 billion, with U.S. investment in India at $28 billion-the Obama administration and U.S. businesses argue that the trade partnership has not reached its potential and that India's trade policies are, in fact, sometimes discriminatory to U.S. companies. Washington has urged the Indian government to break down business barriers by changing its intellectual property laws, especially as they relate to pharmaceuticals; address inconsistent tax treatment; requirements that companies buy local content, such as in the telecommunications industry and renewable energy sector; and limitations on foreign direct investments. While the Indian government has already undertaken a number of policy changes to begin addressing the trade and investment partnership with the U.S., New Delhi is reluctant to the idea of investor-state arbitration[iv] and has been pressing Washington to give its local courts the jurisdiction over the cases that may arise.

The reason for India's reluctance to the Investor-State arbitration emanates from its past experience. India has signed 82 BITs, of which 72 are in force. Among the countries with which India has concluded BITs are Australia, Belgium, Cyprus, France, Germany, Indonesia, Korea, Kuwait, Malaysia, Mauritius, Netherlands, Qatar, Russia, Switzerland, and the United Kingdom. India has recently seen a surge of investment arbitration cases brought against it because of the investor-state arbitration clause in the existing BITs. Even though India appears to have been a party to few unreported investment arbitration cases, India did not experience its first publicized loss in an investor-state arbitration until White Industries Australia Ltd. v. India in November 2011. The arbitration tribunal in White Industries held in favor of an Australian mining company and awarded it US$5 million in damages as the company had suffered long delays in the Indian courts enforcing a commercial arbitral award against an Indian state-owned company. Additionally, the invalidation of 2G license auctions that were conducted in 2008 by the Indian Supreme Court in 2012 led to additional claims against the Indian government under the already existing BITs. As a result, the Indian government has expressed strong dissatisfaction with the investor-state dispute resolution provisions of its BITs, and former India's Finance Minister approved the creation of a permanent body to advise on the renegotiation of India's existing BITs, with the apparent purpose of either weakening or removing investor-state dispute resolution provisions from India's BITs.

There are differences between the United States and India in the initial bargaining positions regarding BIT, but few show any philosophical difference that cannot be overcome. For what President Obama calls one of the "defining partnerships of the 21^st century," letting the economic side of things drift is unacceptable. Political leaders on both sides will need to push for an expansive vision of the possible cooperation between the two countries. By midcentury, the United States and India are forecast to be the second- and third-largest economies in the world. Now is the time for these two economic giants to prioritize their bilateral economic relationship in order to rise to the occasion. While no doubt such a treaty would provide protection to the investments and open new avenues of investment for both countries, it would bestow immigration benefits (such as E visa) to its nationals, which in turn will further benefit the economy of both countries.

---

[i] There must be an actual exchange, in a meaningful sense, of qualifying commodities such as goods, moneys, or services to create transactions considered trade.

[ii] Only Treaty Investor (E-2) classification

[iii] Only Treaty Investor (E-2) classification

[iv] Countries concluding investment treaties almost always negotiate a dispute settlement provision. This generally includes conditional or unconditional consent to international arbitration, usually at the International Centre for Settlement of Investment Disputes (ICSID).

Why is President Obama not pushing the Comprehensive Immigration Reform ...

Why is President Obama not pushing the Comprehensive Immigration Reform (CIR)?

Why is President Obama not pushing the Comprehensive Immigration Reform ...

Deportations | Obama has deported about 2 million people

Deportations: President Obama asked Jeh Johnson to review Deportation policy to make it move humane;
Obama has deported about two million people

Deportations | Obama has deported about 2 million people

FRAUD, TECHNICAL VIOLATIONS, AND/OR MISREPRESENTATION THAT COULD TRIGGER H-1B VISA REFUSAL OR ADMINISTRATIVE PROCESSING UNDER 221(g) AT A CONSULAR POST - By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

FRAUD, TECHNICAL VIOLATIONS, AND/OR MISREPRESENTATION THAT COULD TRIGGER H-1B VISA REFUSAL OR ADMINISTRATIVE PROCESSING UNDER 221(g) AT A CONSULAR POST - By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm



To be specific, Consular Officers derive such broad discretionary powers through section 221(g) of the Immigration and Nationality Act (INA). A quick glimpse at Section 221(g) provides the factors that may form the basis of visa refusals or administrative processing. In simple layman terms, the statements in the application or in the papers submitted therewith may trigger visa denial.

Schumer: Obama will act on immigration if GOP doesnt | TheHill

Schumer: Obama will act on immigration if GOP doesnt | TheHill



 “They have about a six-week window, from June 10 after the last
Republican primary until the August recess. If they don’t pass
immigration reform them, the president will have no choice but to act on
his own,” said Sen. Charles Schumer (N.Y.), the third-ranking Senate
Democratic leader and author of the comprehensive Senate immigration
reform proposal.

Read more: http://thehill.com/homenews/senate/206983-schumer-obama-will-act-unilaterally-on-immigration-reform#ixzz32ZdurH3m

Follow us: @thehill on Twitter | TheHill on Facebook

OPTIONS FOR H-1B LOTTERY LOSERS - PART 3

If you tried to get an H-1B on April 1st and you did not win the H-1B lottery please consider some other options that may or may not be available to you. Consider: E-2 INVESTOR; O-1 VISA FOR EXTRAORDINARY ABILITY; L-1A and L-1B INTRACOMPANY TRANSFERS. Our two other videos on YOUTUBE also help guide you about some of the other nonimmigrant visas that may be available to you if you did not win the H-1B lottery. We have also sought to discuss some of the issues with the L-1B specialized knowledge intracompany transfer visas.

OPTIONS FOR H-1B LOTTERY LOSERS - PART 3

DACA Immigration Latest News: Over Half A Million Dreamers Granted Deportation Deferral, Work Authorization

DACA Immigration Latest News: Over Half A Million Dreamers Granted Deportation Deferral, Work Authorization



The data shows that about 82 percent of all applicants since the program’s inception have been approved.  A little under a third (162,007)
live in California, while about half as many (88,106) are from Texas. 
They are overwhelmingly from Mexico, with about 77 percent of recipients
showing it as their country of origin, followed by Central Americans:
20,227 El Salvadorans, 13,301 Guatemalans and 13,223 Hondurans
successfully applied.  The total number of applications, even including
those rejected outright by USCIS, remains well below some independent
estimates of the number of Dreamers eligible. Last year, the nonpartisan
Migration Policy Institute (MPI) estimated, using census data, that about 1.9 million “Dreamers” could be eligible.

BETTER LATE THEN NEVER: USCIS SAYS THAT SOME H-4 NONIMMIGRANTS WILL BE ABLE TO WORK VERY SOON. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

The spouses of some H-1B visa holders could receive work authorization in the U.S., according to a proposed rule change announced by the Department of Homeland Security (DHS). This change, finds its genesis in President Obama's initiative to strengthen entrepreneurship and retain talent. Deputy Secretary Alejandro Mayorkas stated: "These steps will help the U.S. maintain competitiveness with other countries in our efforts to attract the best and the brightest high-skilled workers from around the world to support companies here at home. Businesses continue to need these high-skilled workers, and these rules ensure we do not cede the upper hand to other countries competing for the same talent."

The rule change will amend existing regulations to allow H-4 dependent spouses of certain H-1B visaholders to request employment authorization. Under current regulations, DHS does not allow employment authorization to H-4 dependents. The proposed changes allow H-4 dependent spouses of certain H-1B nonimmigrant workers to request employment authorization, as long as the H-1B worker has started the green card process through employment.

The proposed changes address visa rules that have caused difficulties for the spouses of skilled immigrants (mainly from China, India and the Philippines), who are working on H-1B visas. Spouses, mainly wives, often have skills and education, but are not authorized to work in the U.S., causing their careers to languish. The change is important given the backlogs for green cards. Spouses of highly-skilled workers with H-1B visas will now be able to seek employment during long waits.

In addition, and in furtherance of the same policy, another new rule was announced that will expand the current list of evidentiary criteria for employment-based preference (EB-1) outstanding professors and researchers to allow the submission of evidence comparable to the other forms of evidence already listed in the regulations. This new rule harmonizes the regulations for EB-1 outstanding professors and researchers with other employment-based immigrant categories. The two proposed changes are important, but are not a long-term fix. Congress needs to act immediately and to pass legislation to improve the immigration system and to create an unfettered pathway for foreign entrepreneurs and innovators.

For more information about work authorization for H-4 visaholders or about CIR, please feel free to contact the Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group at info@visaserve.com or by calling our offices at 201-670-0006 (x107).

OPTIONS FOR H-1B LOTTERY LOSERS - PART 2

In addition to our previous video about options that are available for
those that did not wine the H-1B lottery, we propose considerations of
the E-1, E-2 and the E-3. We also suggest the possibility of looking at
the O-1 visa for those who are extraordinary in the arts, sciences and
in business. The L-1 visa may be another option to consider. 

BETTER LATE THEN NEVER: USCIS SAYS THAT SOME H-4 NONIMMIGRANTS WILL BE ABLE TO WORK VERY SOON. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

The spouses of some H-1B visa holders could receive work authorization in the U.S., according to a proposed rule change announced by the Department of Homeland Security (DHS). This change, finds its genesis in President Obama's initiative to strengthen entrepreneurship and retain talent. Deputy Secretary Alejandro Mayorkas stated: "These steps will help the U.S. maintain competitiveness with other countries in our efforts to attract the best and the brightest high-skilled workers from around the world to support companies here at home. Businesses continue to need these high-skilled workers, and these rules ensure we do not cede the upper hand to other countries competing for the same talent."

The rule change will amend existing regulations to allow H-4 dependent spouses of certain H-1B visaholders to request employment authorization. Under current regulations, DHS does not allow employment authorization to H-4 dependents. The proposed changes allow H-4 dependent spouses of certain H-1B nonimmigrant workers to request employment authorization, as long as the H-1B worker has started the green card process through employment.

The proposed changes address visa rules that have caused difficulties for the spouses of skilled immigrants (mainly from China, India and the Philippines), who are working on H-1B visas. Spouses, mainly wives, often have skills and education, but are not authorized to work in the U.S., causing their careers to languish. The change is important given the backlogs for green cards. Spouses of highly-skilled workers with H-1B visas will now be able to seek employment during long waits.

In addition, and in furtherance of the same policy, another new rule was announced that will expand the current list of evidentiary criteria for employment-based preference (EB-1) outstanding professors and researchers to allow the submission of evidence comparable to the other forms of evidence already listed in the regulations. This new rule harmonizes the regulations for EB-1 outstanding professors and researchers with other employment-based immigrant categories. The two proposed changes are important, but are not a long-term fix. Congress needs to act immediately and to pass legislation to improve the immigration system and to create an unfettered pathway for foreign entrepreneurs and innovators.

For more information about work authorization for H-4 visaholders or about CIR, please feel free to contact the Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group at info@visaserve.com or by calling our offices at 201-670-0006 (x107).

President Obama Speaks on Immigration Reform

OPTIONS FOR H-1B LOTTERY LOSERS - PART 1

Now that all of the new H-1B visas for the 2015 Fiscal Year have been
allocated, What options do Employers who are looking to hire Foreign National
Professionals have?




Here are some creative solutions to this problem:




OPT – STEM Extension
If the company is registered for
E-Verify, the database that enables employers to verify the legitimacy of work
authorization and identity documents at the time of hire, those who have been
granted 12 months of Optional Practical Training after graduation, are eligible
for a STEM extension of an additional 17 months of work authorization.




O-1 Visa


The O-1 visa is suited for individuals of extraordinary ability
or achievement. The O classification is a useful and flexible alternative to the
H-1B program because there is no overall limit on time in the classification and
there is no cap. O-1 beneficiaries in the sciences, arts, education, business,
or athletics must have extraordinary ability “demonstrated by sustained national
or international acclaim.”




E-3 Visa


The E-3 visa classification is limited to Australian
Professionals. The E-3 visa is a “specialty occupation” visa similar to the H-1B
visa. Therefore to be eligible for the visa, the Australian citizen must possess
a bachelor’s degree or higher (or its equivalent) in the specialty and the
specialty occupation must require the degree. There is a 10,500 annual limit on
the E-3 visa.




L-1 Visa


The L-1 visa is an option for international organizations with
offices in the United States who transfer employees to the United States for
temporary periods of time. In order to be eligible for an L-1 visa, the
petitioning entity must prove that the beneficiary of the visa has worked for
the non-U.S. based sister company/subsidiary for at least one full year within
the last three years as an executive, manager or employee with specialized
knowledge.




H-1B Visa for FY2016


WAIT for the H-1B FY2016 Quota. The
H-1B FY2016 Quota will open on April 1, 2015 with employment beginning on
October 1, 2015. 65,000 visas are annually allocated to foreign nationals who
possess a bachelor’s degree or higher (or its equivalent) in the specialty and
the specialty occupation must require the degree. We can begin to prepare cases
for the annual quota now; however, no cases will be filed with the USCIS towards
the CAP until after April 1, 2015.

OPTIONS FOR H-1B LOTTERY LOSERS - PART 1

H-4's may be able to work

As an incentive to retain skilled foreign professionals that the country needed to sustain the economic edge in the international competition, the USCIS planned an administrative fix to authorize the employment for the spouses of H-1B professionals. This plan is supposed to give benefits to the H-1B families as well as the country. From the perspectives of H-1B temporary foreign workers, this issue involves a number of issues for the family as well as the spouses. Typical H-1B foreign professionals are mostly in the twenties and some in thirties in ages. 

The forced full-time house wife status have created a serious problems, including the boredom of the forced unemployed spouses, not to mention a forced compromise of their own careers for not being able to continue their careers through employment. Unemployment leads them to face failure in updating their skills and knowledge and in the long run, they will have to lose their opportunity to continue their careers. This adds the mental and emotional stress for the professional spouses, not to mention a forced isolation in a foreign land without close relatives, friends, and neighbors. In the worst cases, this could create a marital problem. Because of such problems, some H-1B high-tech professional foreign workers had to return to their home countries to salvage their families as well as the spouse's careers.

H-4's may be able to work

IIFA 2014 - Tampa Bay, Florida

Bollywood put Indian cinema and culture at the forefront at the 15th International Indian Film Academy (IIFA) awards, which made its US debut this year. IIFA, which is hosted at a new venue every year, is also known as Bollywood’s Oscar.

EXPLORING WORK VISA OPTIONS BEYOND THE H-1B CAP[i] - By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

EXPLORING WORK VISA OPTIONS BEYOND THE H-1B CAP[i] - By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm 



ith uncertainty looming large as to who may or may not cross the
'threshold' hurdle of H-1B visas, it is time that prospective H-1B visa
beneficiaries start exploring other work visa options that may allow
them to work and live in the United States on a temporary basis. This
article seeks to provide readers with the snapshot of possible work visa
options that may be available to prospective H-1B visa beneficiaries
who do not make to the H-1B cap.

EXPLORING WORK VISA OPTIONS BEYOND THE H-1B CAP[i] - By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

USCIS announced earlier that it has received 172,500 H-1B petitions for the fiscal year 2015 that will begin October 1, 2014. The lottery (also referred as "random selection process") has been completed and USCIS has started sending receipt notices. With uncertainty looming large as to who may or may not cross the 'threshold' hurdle of H-1B visas, it is time that prospective H-1B visa beneficiaries start exploring other work visa options that may allow them to work and live in the United States on a temporary basis. This article seeks to provide readers with the snapshot of possible work visa options that may be available to prospective H-1B visa beneficiaries who do not make to the H-1B cap.

Cap-Exempt H-1B visas

There are certain categories of cap-exempt H-1B visas. One such category is for foreign nationals having (or hoping to have) an employment offer from an institution of higher education (or related or affiliated nonprofit entities), or from a nonprofit/government research organization.[ii]

To be classified as cap-exempt, it not mandatory that prospective H-1B employee should be employed by the institution of higher education (or related or affiliated nonprofit entities), or nonprofit/governmental research organization. Prospective H-1B employee, employed by any employer, who will perform the majority of his/her work at the qualifying institutions mentioned could qualify for the cap-exempt H-1B visa provided the work performed should 'predominantly further' the normal, primary, or essential purpose of the qualifying institution.

To illustrate, consider the case of an Information Technology (IT) company having a contract with a U.S university[iii] for hiring and placing IT consultants for developing/customizing university software. Assuming that IT consultants hired by the consulting company will primarily work developing/customizing university's software and that the work will benefit the university in reaching one of its stated primary or essential goals; such employees may be treated as H-1B cap-exempt even though they will not be employed directly by the university.

Other Professional Specialty Worker Visas: H-1B1, TN and E-3 Visas

There are three nonimmigrant visa categories quite similar to H-1B visas that are designated for temporary professional workers from specific countries. These visas are based upon specific trade agreements that foreign nations have signed with the United States.

The 'H-1B1' visa program is designed specifically for the nationals of Chile and Singapore. Up to 6,800 visas (1,400 visas for the nationals of Chile, and 5,400 visas for the nationals of Singapore) are set aside from the H-1B cap of 65,000 during each fiscal year for the H-1B1 program. H-1B1 can be obtained at the U.S. Consulate/Embassy abroad without ever submitting a petition to the USCIS. Additionally, the Canadian and Mexican temporary professional workers may explore the option of TN classification. The regulations specify various categories of professions as well as the minimum qualifications for each profession that are covered by Appendix 1603.D.1 to Annex 1603 of North American Free Trade Agreement (NAFTA). Further, nationals of the Commonwealth of Australia may qualify for E-3 temporary work visas. Like the H-1B1, E-3 visas are subject to an annual cap of 10,500 per fiscal year.

Occupationally, H-1B1, TN and E-3 mirror the H-1B visa in that the foreign worker must be employed in a specialty occupation. While both H-1B1 and E-3 requires Labor Condition Application (LCA) attestation from the Department of Labor (DOL), TN visa does not impose this limitation. Unlike the H-1B, which is a "dual intent" visa, none of the above-mentioned categories recognize dual intent. In simple terms, while a foreign national employed in a valid H-1B status can pursue employed-based immigrant visa (commonly referred as employed-based "Green Card"), foreign nationals employed on H-1B1, TN or E-3 lack this advantage. However, foreign nationals employed in these categories can pursue their employment-based Green Card by changing their status to another nonimmigrant visa category such as H-1B, L-1, etc., which recognizes dual intent.

Treaty Trader/Investor Visa

A foreign national may qualify for an E visa depending on the type of agreement [Bilateral Investment Treaty (BIT), Free Trade Agreement (FTA), or Treaty of Friendship, Commerce and Navigation (FCN)] it has with the United States. There are two types of E visas: Treaty Trader visa (E-1) and Treaty Investor visa (E-2). Nationals of a foreign country having FTA may qualify for both an E-1 and E-2 visa, while BIT allows only for an E-2 visa.

For an E-1 visa, a foreign national entering the United States is required to carry on substantial trade which is international in scope, principally between U.S. and the foreign state. The E-2 visa, on the other hand, requires the foreign national develop and direct the operations of an enterprise in which the foreign national has invested, or is actively in the process of investing, a substantial amount of capital. The enterprise must be a bona fide enterprise. Further, a "key employee", including the executives and supervisors, or persons whose services are "essential to the efficient operation of the enterprise" may qualify for an E-1/E-2 visa depending on the bilateral agreement between the foreign country and the United States.

Foreign Students Employed on Post-Completion OPT

There may be alternate visa option available to foreign graduates of U.S. Universities. If not selected for H-1B cap, F-1 students in Science, Technology, Engineering, and Mathematics (STEM) fields can apply for a special 17-month extension. To get the extension, the student should be employed by an employer enrolled in E-Verify, and should have received an initial grant of post-completion OPT related to such a degree. Regulations require that STEM subject must be in the major or dual-major of the student's most recent degree received. This extension of the OPT period for STEM degree holders gives U.S. employers two chances to recruit these highly desirable graduates through the H-1B process, as the extension is long enough to allow for H-1B petitions to be submitted in two successive fiscal years (two H-1B cycles).

Students who do not hold STEM degrees may choose the option of going back to school. For instance, a student who has completed a bachelor's degree from a U.S. institution may exercise the option of enrolling in another bachelor's or master's degree program. While enrolling in a bachelor's degree program may be a good idea to buy time in the United States with the hope of making it to the H-1B cap next fiscal year, the option of enrolling in a master's degree program should be exercised with caution. Before enrolling in a master's degree program, a student should check whether the U.S. university qualifies as an "institution of higher education" as defined by section 101(a) of the Higher Education Act of 1965 becausenot every master's degree from a U.S. educational institution will qualify an individual for the H-1B master's cap[iv].

L-1 Visa for Foreign Employees of Multinational Companies

Employees employed by companies with an offshore presence can explore the L-1 visa option. The L-1 visa program facilitates the temporary transfer of foreign nationals with management, professional, and specialized knowledge skills to the United States. Thus, even within the L category, important distinctions are drawn between the two types of L visas, the L-1A for executives and managers, and the L-1B for employees with specialized knowledge.

L-1A executives direct the management of an organization or a major component or function of an organization. Similarly, L-1A managers have the primary duty of directing an organization, or area of an organization, and supervision or control of the work of others, or management of an essential function at a senior level in the organization's hierarchy. Managers and executives need not supervise subordinates. Regulations allow for "functional management". To qualify for an L-1B visa, the employee should have the specialized knowledge of the company, its product and its application in international markets, or have an advanced level of knowledge of processes and procedures of the company.

O-1 Visa for Extraordinary Foreign Nationals

Like the L-1 nonimmigrant visa, there are two types of O-1 visa. Also, like the L-1 visa, O-1 visa is not subject an annual cap. O-1 visa category is divided into two categories: O-1A and O-1B. O-1A is for foreign nationals having "extraordinary ability" in the field of the science, art, education, business or athletics. If in motion picture or TV production, the person may qualify for O-1B visa provided s/he has demonstrated record of "extraordinary achievement." Thus, there are different standards under the O-1 visa.

It is important to know that O-1 is not limited to the above-mentioned categories. USCIS interprets the statute to encompass "any field of endeavor," including craftsmen and lecturers. Further, the term "arts" includes not only the principal creators and performers, but also essential personnel such as directors, set designers, choreographers, orchestrators, coaches, arrangers, costume designers, make-up artists, stage technicians and animal trainers.

Based on the foregoing, it is safe to conclude that before packing bags to their respective home countries, prospective H-1B visa beneficiaries should carefully explore other work visa options that may be available to them in the United States. One may still qualify for a cap-exempt H-1B visa if s/he has an offer of employment from an institution of higher education (or related or affiliated nonprofit entities), or from a nonprofit/government research organization. Even employment with a third-party employer may qualify an individual for cap-exempt H-1B provided the beneficiary will perform the majority of work at the qualifying institutions and, if the work will benefit the primary or essential purpose of the qualifying institution.

Also, It would be prudent for the national of a foreign country to check on the type of trade agreement his/her country has in effect with the United States as this may qualify the individual for an H-1B1, TN, E-1, E-2 or an E-3 nonimmigrant classifications. Additionally, employees of companies with offices both in the United States and offshore could explore the option of L-1 visa. Moreover, individuals with the "extraordinary ability" in the field of the science, art, education, business or athletics may qualify for an O-1A visa while an O-1B may be appropriate for a foreign national with "extraordinary achievement" in motion picture or TV production. Last but not the least, F-1 STEM students should try to get the 17-month extension in order to make the cap next year. We want to reiterate and reemphasize that students choosing to enroll in the master's degree program with the hope of having a better chance of making it to the H-1B cap next year should choose their master's degree program very carefully as not all master's degree programs qualify an individual for the master's degree H-1B cap of additional 20,000 visas.

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[i] This is part VII of an VIII part series - ABCs of H-1Bs

[ii] Previous articles in this series discussed in detail which educational institutions may or may not qualify as an institution of higher education, and how to determine whether a nonprofit institution is "related to or affiliated with" an institution of higher education.

[iii] Assuming that the U.S. University will qualify as an "institution of higher education" as defined by section 101(a) of the Higher Education Act of 1965.

[iv] Part V of this series discussed in detail which educational institutions may or may not qualify as an institution of higher education.