Sunday, November 29, 2015
214B Denial | Administrative Processing | Section 221G | Meeting with th...
Video Updates about immigration and nationality law in the U.S. from the
Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - VISASERVE. This week
we discuss such things as Administrative Processing, 214B denials and
other U.S. Consulate issues for foreign nationals processing visas at
U.S. Consular offices abroad. If you want/need to speak to one of our
U.S. immigration lawyers, please feel free to call us or to e-mails us
at info@visaserve.com
Monday, October 19, 2015
http://myemail.constantcontact.com/U-S--IMMIGRATION-NEWS-AND-UPDATES---October-2015-U-S--Immigration-Law-Updates--.html?soid=1011188341227&aid=twPcYCxqYEw
http://myemail.constantcontact.com/U-S--IMMIGRATION-NEWS-AND-UPDATES---October-2015-U-S--Immigration-Law-Updates--.html?soid=1011188341227&aid=twPcYCxqYEw
We
are closing-in on the one year anniversary of President Obama's
Executive Actions. So much has happened with the the President's
Executive Action Plan and so much has NOT happened. In general, the
initiatives set forth in the various memoranda promulgated by the Obama
Administration have taken shape: (1) The Visa Bulletin has been
modified; and (2) STEM OPT is proposed to be extended; and (3)
Priorities for Enforcement have been revamped; and (4) H-4 dependents
are eligible (in some cases) to work; and (5) The Provisional Waiver
Program is slotted to be expanded; and (6) The definition of "Extreme
Hardship" has been clarified; and (7) the definition of "specialized
knowledge" in the L-1B context was clarified.
are closing-in on the one year anniversary of President Obama's
Executive Actions. So much has happened with the the President's
Executive Action Plan and so much has NOT happened. In general, the
initiatives set forth in the various memoranda promulgated by the Obama
Administration have taken shape: (1) The Visa Bulletin has been
modified; and (2) STEM OPT is proposed to be extended; and (3)
Priorities for Enforcement have been revamped; and (4) H-4 dependents
are eligible (in some cases) to work; and (5) The Provisional Waiver
Program is slotted to be expanded; and (6) The definition of "Extreme
Hardship" has been clarified; and (7) the definition of "specialized
knowledge" in the L-1B context was clarified.
Another part of President
Obama's Administrative Actions was the promise of expansion of the U.S.
Naturalization Application Process. Recently, the USCIS announced the
ability of applicants to pay the Naturalization Application fee by
credit card. Also recently, the Obama Administration launched a new,
multilingual campaign to encourage eligible immigrants to become U.S.
citizens. "It's not about changing who you are, it's about adding a new
chapter to your journey, as an American citizen. And to our journey as a
nation of immigrants," President Obama says in a promotional video. "If
you're eligible, commit to becoming a citizen today," he adds. "Help
others who are ready to take this step as well. It is an important step
for you and an important step for our nation. Join us, together we can
make America stand even stronger." According to the White
House, there are 13.3 million legal permanent residents in the United
States, 8.8 million of whom are eligible to apply for citizenship.
Obama's Administrative Actions was the promise of expansion of the U.S.
Naturalization Application Process. Recently, the USCIS announced the
ability of applicants to pay the Naturalization Application fee by
credit card. Also recently, the Obama Administration launched a new,
multilingual campaign to encourage eligible immigrants to become U.S.
citizens. "It's not about changing who you are, it's about adding a new
chapter to your journey, as an American citizen. And to our journey as a
nation of immigrants," President Obama says in a promotional video. "If
you're eligible, commit to becoming a citizen today," he adds. "Help
others who are ready to take this step as well. It is an important step
for you and an important step for our nation. Join us, together we can
make America stand even stronger." According to the White
House, there are 13.3 million legal permanent residents in the United
States, 8.8 million of whom are eligible to apply for citizenship.
Tuesday, October 6, 2015
http://myemail.constantcontact.com/HUMAN-RESOURCES-PROFESSIONALS-LEARN-ABOUT-FORM-I-9-AT-THE-GARDEN-STATE-COUNCIL-SHRM-CONVENTION--.html?soid=1011188341227&aid=tCHOmK79vSY
http://myemail.constantcontact.com/HUMAN-RESOURCES-PROFESSIONALS-LEARN-ABOUT-FORM-I-9-AT-THE-GARDEN-STATE-COUNCIL-SHRM-CONVENTION--.html?soid=1011188341227&aid=tCHOmK79vSY
We are pleased to be able to
serve our Human Resources clients from our offices in New Jersey, New
York, Indianapolis, Boston and our Counsel offices in Canada and India.
For more information about our Law Firm's Training Programs for Human
Resource Professionals or about other business immigration related
programs, please feel free to contact the Nachman Phulwani Zimovcak
(NPZ) Law Group, P.C. at 201-670-0006 (x100) or by e-mail at info@visaserve.com
David H. Nachman, Esq., one of the Managing Attorneys at Nachman
Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent National
Immigration and Nationality Law Firm, a local resident from New Jersey,
and an active member (over two decades) of the North Jersey/Rockland
County Chapter of Society of Human Resoruces Management (SHRM), recently
delivered a session entitled "I-9 Forms - Leave it, Live it, Love it."
at the Annual Garden State Council Society for Human Resource Management
(GSC SHRM) Conference and Expo on October 5th at the Atlantic City
Convention Center.
At the Conference, Mr. Nachman spoke
alongside an Immigration and Customs Enforcement (ICE) representative
from the U.S. Department of Homeland Security, responsible for
coordinating ICE'S State IMAGE Program. Mr. Nachman states: "the
existence of the IMAGE Program is a testament to ICE's view of the
important role that training employers about the I-9 Form still plays,
even as we approach the 30th birthday of IRCA."
Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent National
Immigration and Nationality Law Firm, a local resident from New Jersey,
and an active member (over two decades) of the North Jersey/Rockland
County Chapter of Society of Human Resoruces Management (SHRM), recently
delivered a session entitled "I-9 Forms - Leave it, Live it, Love it."
at the Annual Garden State Council Society for Human Resource Management
(GSC SHRM) Conference and Expo on October 5th at the Atlantic City
Convention Center.
At the Conference, Mr. Nachman spoke
alongside an Immigration and Customs Enforcement (ICE) representative
from the U.S. Department of Homeland Security, responsible for
coordinating ICE'S State IMAGE Program. Mr. Nachman states: "the
existence of the IMAGE Program is a testament to ICE's view of the
important role that training employers about the I-9 Form still plays,
even as we approach the 30th birthday of IRCA."
The SHRM annual program is a three day educational
conference geared to Human Resource and business practitioners that
offers more than 40 knowledge-filled concurrent sessions, dynamic
keynote addresses, pre-conference activities and learning sessions on
Sunday, evening networking opportunities, interaction with over 70+ of
New Jersey's leading HR vendors, outsourcing partners, and service
providers, a knowledge center and job board, HRCI certification hours,
plus many other special events.
conference geared to Human Resource and business practitioners that
offers more than 40 knowledge-filled concurrent sessions, dynamic
keynote addresses, pre-conference activities and learning sessions on
Sunday, evening networking opportunities, interaction with over 70+ of
New Jersey's leading HR vendors, outsourcing partners, and service
providers, a knowledge center and job board, HRCI certification hours,
plus many other special events.
The
staff of immigration law professionals at the Nachman Phulwani Zimovcak
Law Group, P.C. are sensitive to the needs of our clients and the
members of their families. Many members of our staff are themselves
foreign born and have family and/or friends who have gone through the
immigration process. As a result, our staff have a personal and unique
approach to processing visas and for dealing with our foreign national
clientele. Our legal team can clearly explain how to process temporary
(H-1B, L-1, O-1, E-1, etc.) and permanent work permits (Outstanding
Researcher, PERM, etc.) in the U.S. The PERM Labor Certification Process
is time-consuming and complex and our staff of business immigration law
professionals can clearly explain the process in Spanish, French,
Japanese, Korean, Tamil, Hindi, Slovak, Czech, Russian, Chinese, German
and English.
staff of immigration law professionals at the Nachman Phulwani Zimovcak
Law Group, P.C. are sensitive to the needs of our clients and the
members of their families. Many members of our staff are themselves
foreign born and have family and/or friends who have gone through the
immigration process. As a result, our staff have a personal and unique
approach to processing visas and for dealing with our foreign national
clientele. Our legal team can clearly explain how to process temporary
(H-1B, L-1, O-1, E-1, etc.) and permanent work permits (Outstanding
Researcher, PERM, etc.) in the U.S. The PERM Labor Certification Process
is time-consuming and complex and our staff of business immigration law
professionals can clearly explain the process in Spanish, French,
Japanese, Korean, Tamil, Hindi, Slovak, Czech, Russian, Chinese, German
and English.
serve our Human Resources clients from our offices in New Jersey, New
York, Indianapolis, Boston and our Counsel offices in Canada and India.
For more information about our Law Firm's Training Programs for Human
Resource Professionals or about other business immigration related
programs, please feel free to contact the Nachman Phulwani Zimovcak
(NPZ) Law Group, P.C. at 201-670-0006 (x100) or by e-mail at info@visaserve.com
Wednesday, September 16, 2015
Immigration Enforcement Policies, Stop Sanctuary Cities Act, Denaturaliz...
Immigration Enforcement Policies:
• Options available to attorneys for individuals that have been picked up by ICE.
• Utilizing Memorandum to release immigrant from Ice custody.
• ICE may utilize discretion to follow Memorandum based on the circumstances of each individual case.
• Small adjustments being made with immigration policies to benefit illegal immigrants such as DACA, Provisional Waivers, and other administrative changes in processing various applications.
Stop Sanctuary Cities Act (Bill in congress):
• Certain number of cities with issues between federal law enforcement and state law enforcement.
• Federal government wants cities to assist enforce federal immigration laws.
• Sanctuary cities are cities that are coordinating with communities to root out the evil doers with the cooperation of illegal immigrants. Therefore enforcement is a lower priority.
• 287(g) program: a push to make cities enforce Federal immigration guidelines. Cities signed the agreement, but enforcement was not plausible.
Priorities Memorandum:
• Terrorists are priority number 1.
• Individuals with serious crimes are priority number 2.
• Individuals with non-serious crimes are priority number 3.
• Focus should be on the serious law violators, and proceed accordingly.
• The law states that immigration violators should be deported, however, the Priority Memorandum states that despite all immigration violators be deported, the deportations should be prioritized in accordance with the available resources.
• Utilization of Policy Memorandum to obtain relief for various individuals who are being targeted by ICE.
Denaturalization based on findings of fraud:
• Denaturalization generally does not happen unless the fraud that was committed concealed information related to national security such as being a member of a terrorist organization, or being a member of the Nazi party.
• The government may not approve the petition of a family member if the government realizes that the petitioner committed fraud in order to obtain citizenship.
• Individuals who apply for citizenship and are found to have committed fraud to obtain their green card, may have their citizenship denied, and if the fraud was serious in nature, the individual may be subject to removal proceedings and deportation.
Cross Chargeability, Filing Immigrant Visa Petitions or not, ID’s being ...
Priority dates:
• A lot of movement for most preference categories in the family preference category.
• Employment based 1st preference is current.
• Employment 2nd preference is current for all other countries except India, China and Philippines.
• Employment 3rd preference is almost current for all other countries except India, China, and Philippines.
• Employment 4th preference is current for everyone.
• Employment 5th preference is current for everyone.
Cross Chargeability:
• Individuals who are in a category that is either progressing slowly or has retrogressed should consider cross chargeability. This is done if a spouse is from another country that is progressing normally or is current.
Filing Immigrant Visa Petitions or not:
• If cross chargeability is not available and person is considering filing a petition or not filing, it is encouraged to file a petition. Priority dates are always subject to change and once in the system, if there is positive movement, a person can take advantage of changes which include CIR.
• Disadvantage of filing is that no casual travel can be done due to the issue of 214(b). The issue of intent has been made once an immigrant visa is filed, therefore applications for non-immigrant visa applications may be difficult to obtain. Alternate option would be to file non-immigrant visa applications such as visitor or student visas before filing an I-130 petition. This would allow for travel back and forth while petition is pending.
ID’s being issued to Illegal Immigrants:
• Certain states are issuing driver license’s and Id cards.
• Obama administration has stated that preferences should be made towards prosecution of illegal immigrants through prosecutorial discretion. Those with serious crimes should be on the top priority including terrorists, and those will only immigration infractions should be on the bottom of the list.
• Talks of immigration reform and addressing illegal immigration, as well as reforming legal immigration programs. Suggestions should have a balance of addressing both.
Monday, August 17, 2015
http://myemail.constantcontact.com/U-S--IMMIGRATION-NEWS-AND-UPDATES-FROM-NPZ-LAW-GROUP---AUGUST-2015.html?soid=1011188341227
http://myemail.constantcontact.com/U-S--IMMIGRATION-NEWS-AND-UPDATES-FROM-NPZ-LAW-GROUP---AUGUST-2015.html?soid=1011188341227
This
past week, a Federal District Court decided Washington Alliance of
Technology Workers v. DHS. The lawsuit sought to prevent foreign
students from having an opportunity to gain practical experience in the
U.S. following their full-time course of study. The Court invalidated a
2008 U.S. Department of Homeland Security (DHS) rule which permits an
F-1 student to receive up to a seventeen (17) month extension of their
Optional Practical Training (OPT) on top of the twelve (12) months
previously authorized (for a maximum of twenty-nine months), if their
field of study is in a designated as a Science, Technology, Engineering
or Math (STEM) field and the employer is registered in the E-Verify
Program.
This
past week, a Federal District Court decided Washington Alliance of
Technology Workers v. DHS. The lawsuit sought to prevent foreign
students from having an opportunity to gain practical experience in the
U.S. following their full-time course of study. The Court invalidated a
2008 U.S. Department of Homeland Security (DHS) rule which permits an
F-1 student to receive up to a seventeen (17) month extension of their
Optional Practical Training (OPT) on top of the twelve (12) months
previously authorized (for a maximum of twenty-nine months), if their
field of study is in a designated as a Science, Technology, Engineering
or Math (STEM) field and the employer is registered in the E-Verify
Program.
Tuesday, August 11, 2015
Monday, July 20, 2015
http://myemail.constantcontact.com/U-S--IMMIGRATION-NEWS-AND-UPDATES---July--2015---.html?soid=1011188341227
http://myemail.constantcontact.com/U-S--IMMIGRATION-NEWS-AND-UPDATES---July--2015---.html?soid=1011188341227
The Nachman Phulwani Zimovcak Law Group provides U.S. Immigration and Nationality Law Services to clients throughout the U.S. and abroad. We are pleased to announce our new Boston area office from which we will continue to serve our extensive international and local clients. Please concts our immigration lawyers if you would like to meet them in our new Boston area office.
The Nachman Phulwani Zimovcak Law Group provides U.S. Immigration and Nationality Law Services to clients throughout the U.S. and abroad. We are pleased to announce our new Boston area office from which we will continue to serve our extensive international and local clients. Please concts our immigration lawyers if you would like to meet them in our new Boston area office.
Friday, May 15, 2015
Monday, April 27, 2015
Cut off dates for May 2015 (Visa bulletin for May 2015) | Deferred Actio...
Michael Phulwani, Esq., one of the Managing Attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., is recognized with a Liftetime Achievement Award by the N.J. State Bar and the Visa Bulletin for May 2015 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories, and what's the update on DACA and DAPA?
USCIS Will Accept Only the New Version of Form I-129 Beginning May 1 | USCIS
USCIS Will Accept Only the New Version of Form I-129 Beginning May 1 | USCIS
Beginning Friday, May 1, 2015 USCIS will accept only the new version (edition date: 10/23/14) of Form I-129, Petition for a Nonimmigrant Worker.
The edition date is printed at the bottom of every page. We will reject
previous editions of this form if you submit them on or after May 1.
Beginning Friday, May 1, 2015 USCIS will accept only the new version (edition date: 10/23/14) of Form I-129, Petition for a Nonimmigrant Worker.
The edition date is printed at the bottom of every page. We will reject
previous editions of this form if you submit them on or after May 1.
USCIS Will Accept Only the New Version of Form I-129 Beginning May 1 | USCIS
USCIS Will Accept Only the New Version of Form I-129 Beginning May 1 | USCIS
Beginning Friday, May 1, 2015 USCIS will accept only the new version (edition date: 10/23/14) of Form I-129, Petition for a Nonimmigrant Worker.
The edition date is printed at the bottom of every page. We will reject
previous editions of this form if you submit them on or after May 1.
Beginning Friday, May 1, 2015 USCIS will accept only the new version (edition date: 10/23/14) of Form I-129, Petition for a Nonimmigrant Worker.
The edition date is printed at the bottom of every page. We will reject
previous editions of this form if you submit them on or after May 1.
Thursday, April 16, 2015
http://myemail.constantcontact.com/IMMIGRATION-NEWS-AND-UPDATES---H-1B-QUOTA-REACHED--H-4-EADS--H-1B-AMENDMENTS--L-1B-SPECIALIZED-KNOWLEDGE-MEMORANDUM--AND-MUCH-MU.html?soid=1011188341227&aid=q040l1MzZzo
The
exhaustion of the yearly "H-1B cap" in a matter of days signals that
our immigration laws and policies are detached from business and
economic demands. We reiterate that Congress needs to recognize that the
H-1B and other temporary nonimmigrant visa programs play an important
role growing and innovating the U.S. economy and enabling U.S.
businesses to compete for global talent. Arbitrary caps and quotas
continue to hamper innovation and motivation. The elimination of quotas
and artificial caps will allow our Nation to keep pace with countries
that welcome entrepreneurs and "job creators" with open arms.
exhaustion of the yearly "H-1B cap" in a matter of days signals that
our immigration laws and policies are detached from business and
economic demands. We reiterate that Congress needs to recognize that the
H-1B and other temporary nonimmigrant visa programs play an important
role growing and innovating the U.S. economy and enabling U.S.
businesses to compete for global talent. Arbitrary caps and quotas
continue to hamper innovation and motivation. The elimination of quotas
and artificial caps will allow our Nation to keep pace with countries
that welcome entrepreneurs and "job creators" with open arms.
http://myemail.constantcontact.com/IMMIGRATION-NEWS-AND-UPDATES---H-1B-QUOTA-REACHED--H-4-EADS--H-1B-AMENDMENTS--L-1B-SPECIALIZED-KNOWLEDGE-MEMORANDUM--AND-MUCH-MU.html?soid=1011188341227&aid=q040l1MzZzo
Thursday, March 19, 2015
DAPA | DACA | Marriages | Divorce |Adoptions
DAPA/DACA
- Effect of criminal charges and convictions while applying for DACA.
- Current guidelines available for DACA.
- No current guidelines available under DAPA.
Marriages/Divorce/Adoptions
- Validity of marriage, divorce and adoption in foreign country in the U.S.
- Recognizing marriage, divorce or adoption that may violate public policy.
- Bona-fides of marriages and proving a good faith marriage.
- Marriages performed while in removal proceedings.
- Conditional green cards vs. permanent green card.
- Removing conditions jointly or with a waiver.
Wednesday, March 18, 2015
Obama’s November 20, 2014 Executive Action | H-4 Applicants | H-4 EAD card
Obama’s November 20, 2014 Executive Action | H-4 Applicants | H-4 EAD card:
Obama’s November 20, 2014 Executive Action | H-4 Applicants | H-4 EAD card
Obama’s November 20, 2014 Executive Action | H-4 Applicants | H-4 EAD card
Saturday, March 14, 2015
Hackensack NJ Immigration & Naturalization Law Attorneys Blog | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
Hackensack NJ Immigration & Naturalization Law Attorneys Blog | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
Estamos en medio de la temporada de H-1B. Si usted todavÃa no ha
comenzado a preparar la visa H-1B para su presentación el 1ero de Abril,
no se desespere. No es demasiado tarde. Tomará alrededor de una semana
más o menos para enviar y recibir una aprobación para la Solicitud de
Condición Laboral (LCA - Formulario 9035) del Departamento de Trabajo
(DOL), pero todavÃa hay tiempo. La cosa más importante que hacer ahora
es pedir inmediatamente a su empleador el presentar una petición H-1B en
su nombre.
Estamos en medio de la temporada de H-1B. Si usted todavÃa no ha
comenzado a preparar la visa H-1B para su presentación el 1ero de Abril,
no se desespere. No es demasiado tarde. Tomará alrededor de una semana
más o menos para enviar y recibir una aprobación para la Solicitud de
Condición Laboral (LCA - Formulario 9035) del Departamento de Trabajo
(DOL), pero todavÃa hay tiempo. La cosa más importante que hacer ahora
es pedir inmediatamente a su empleador el presentar una petición H-1B en
su nombre.
Thursday, March 12, 2015
HOW TO ASK YOUR EMPLOYER ABOUT DOING AN H-1B FOR YOU IF YOU ARE IN OPTIONAL PRACTICAL TRAINING (OPT) OR ON A STEM OPT EXTENSION. BY: Michael Phulwani, Esq., David Nachman, Esq. and Rabindra Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
HOW TO ASK YOUR EMPLOYER ABOUT DOING AN H-1B FOR YOU IF YOU ARE IN OPTIONAL PRACTICAL TRAINING (OPT) OR ON A STEM OPT EXTENSION. BY: Michael Phulwani, Esq., David Nachman, Esq. and Rabindra Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
We
are in the midst of the H-1B season. If you have not yet begun to
prepare the H-1B for the April 1st filing date, do not despair. It is
not too late. It will take about a week or so to submit and receive an
approval for the Labor Condition Application (LCA - Form 9035) from the
U.S. Department of Labor (DOL) but there is still time. The most
important thing to do now is to immediately ask your employer to submit
an H-1B Petition on your behalf.
We
are in the midst of the H-1B season. If you have not yet begun to
prepare the H-1B for the April 1st filing date, do not despair. It is
not too late. It will take about a week or so to submit and receive an
approval for the Labor Condition Application (LCA - Form 9035) from the
U.S. Department of Labor (DOL) but there is still time. The most
important thing to do now is to immediately ask your employer to submit
an H-1B Petition on your behalf.
Tuesday, March 3, 2015
Visa Bulletin for March 2015 | Investment visas (E-1 and E-2 visas) | Co...
Visa Bulletin for March 2015 | Investment visas (E-1 and E-2 visas) | Consular processing
• Visa Bulletin:
1. Progression in most visa categories for family based categories.
2. F1 still moving very slowly compared to F2B
3. EB 1 current for most countries except India. There has been movement of up to 56 weeks for India.
4. EB 2 and EB3 categories have significant movement for most countries except India.
5. EB 5 is current with exception of China.
• Modifications with visa allocations which have contributed to recent movement in visa numbers.
• Utilizing cross- chargeability for those that are in backlogged categories.
•
Trade and Commerce between India and U.S. and its effects on
immigration especially related to investment visas (E-1 and E-2 visas).
• Consular processing:
1. Waivers of Biometrics and Interview appointments for non-immigrant visas.
2. Liberalization of visas for China.
1. Progression in most visa categories for family based categories.
2. F1 still moving very slowly compared to F2B
3. EB 1 current for most countries except India. There has been movement of up to 56 weeks for India.
4. EB 2 and EB3 categories have significant movement for most countries except India.
5. EB 5 is current with exception of China.
• Modifications with visa allocations which have contributed to recent movement in visa numbers.
• Utilizing cross- chargeability for those that are in backlogged categories.
•
Trade and Commerce between India and U.S. and its effects on
immigration especially related to investment visas (E-1 and E-2 visas).
• Consular processing:
1. Waivers of Biometrics and Interview appointments for non-immigrant visas.
2. Liberalization of visas for China.
Sunday, March 1, 2015
http://myemail.constantcontact.com/IMMIGRATION-NEWS-AND-UPDATES---NPZ-Law-Group--P--C-.html?soid=1011188341227&aid=QyWQPA8Zxns
http://myemail.constantcontact.com/IMMIGRATION-NEWS-AND-UPDATES---NPZ-Law-Group--P--C-.html?soid=1011188341227&aid=QyWQPA8Zxns
To
quote a famous Greek Philosopher, "there is one thing that will always
remain constant . . . and that is . . . change". This past week, we
continued to ride the U.S. immigration law roller-coaster! Last week,
one of our Managing Attorneys visited our Office in Indiana and
conducted speaking engagements at academic and non-academic
organizations in the Greater Indianapolis area. It was clear that
attendees were uneasy about Judge Hanen's issuance of a Temporary
Restraining Order (TRO) in response to President Obama's Executive
Actions in November. Many folks continue to be uneasy about the future
viability of President Obama's immigration plan. As we have previously
stated, we remain cautiously optimistic that the Executive Actions will
proceed after the TRO is dissolved. The President continues to vow that
he will use all of the tools available to him (and his Administration)
to make that happen.
To
quote a famous Greek Philosopher, "there is one thing that will always
remain constant . . . and that is . . . change". This past week, we
continued to ride the U.S. immigration law roller-coaster! Last week,
one of our Managing Attorneys visited our Office in Indiana and
conducted speaking engagements at academic and non-academic
organizations in the Greater Indianapolis area. It was clear that
attendees were uneasy about Judge Hanen's issuance of a Temporary
Restraining Order (TRO) in response to President Obama's Executive
Actions in November. Many folks continue to be uneasy about the future
viability of President Obama's immigration plan. As we have previously
stated, we remain cautiously optimistic that the Executive Actions will
proceed after the TRO is dissolved. The President continues to vow that
he will use all of the tools available to him (and his Administration)
to make that happen.
Visa Bulletin for March 2015 | Investment visas (E-1 and E-2 visas) | Co...
Check out the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. YOUTUBE station for some recent updates - Visa Bulletin for March 2015 | Investment visas (E-1 and E-2 visas) | Consular Processing.
Friday, February 27, 2015
DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
Finalizing the H-4 employment eligibility was an important
element of the immigration executive actions President Obama announced
in November 2014. Extending eligibility for employment authorization to
certain H-4 dependent spouses of H-1B nonimmigrants is one of several
initiatives underway to modernize, improve and clarify visa programs to
grow the U.S. economy and create jobs.
Finalizing the H-4 employment eligibility was an important
element of the immigration executive actions President Obama announced
in November 2014. Extending eligibility for employment authorization to
certain H-4 dependent spouses of H-1B nonimmigrants is one of several
initiatives underway to modernize, improve and clarify visa programs to
grow the U.S. economy and create jobs.
Wednesday, February 25, 2015
Judge rejects feds' timetable on immigration case
Judge rejects feds' timetable on immigration case
Politico
reports that the federal judge in Texas who blocked President Barack
Obama's latest executive actions on immigration signaled Tuesday that he
isn't inclined to rush a decision on the Obama Administration's request
to lift the injunction he imposed last week. The Justice Department
warned in its stay application filed on Monday that if the judge does
not act on the stay by the end of business today, it would move to a
higher court.
Politico
reports that the federal judge in Texas who blocked President Barack
Obama's latest executive actions on immigration signaled Tuesday that he
isn't inclined to rush a decision on the Obama Administration's request
to lift the injunction he imposed last week. The Justice Department
warned in its stay application filed on Monday that if the judge does
not act on the stay by the end of business today, it would move to a
higher court.
Tuesday, February 24, 2015
WORK AUTHORIZATION FOR SOME H-4 DEPENDENT SPOUSES | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
WORK AUTHORIZATION FOR SOME H-4 DEPENDENT SPOUSES | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
U.S. Citizenship and Immigration Services (USCIS) Director León
RodrÃguez announced today that, effective May 26, 2015, the Department
of Homeland Security (DHS) is extending eligibility for employment
authorization to certain H-4 dependent spouses of H-1B nonimmigrants who
are seeking employment-based lawful permanent resident (LPR) status.
DHS amended the regulations to allow these H-4 dependent spouses to
accept employment in the United States.
U.S. Citizenship and Immigration Services (USCIS) Director León
RodrÃguez announced today that, effective May 26, 2015, the Department
of Homeland Security (DHS) is extending eligibility for employment
authorization to certain H-4 dependent spouses of H-1B nonimmigrants who
are seeking employment-based lawful permanent resident (LPR) status.
DHS amended the regulations to allow these H-4 dependent spouses to
accept employment in the United States.
Thursday, February 19, 2015
WHAT H-1B EMPLOYERS NEED TO KNOW ABOUT THE LCA TO AVOID POTENTIAL DOL COMPLIANCE PITFALLS. By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
WHAT H-1B EMPLOYERS NEED TO KNOW ABOUT THE LCA TO AVOID POTENTIAL DOL COMPLIANCE PITFALLS. By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
The H-1B visa program permits a United States employer ("employer") to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the "INA" or the "Act") requires that an employer pay an H-1B worker the italicize of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor ("DOL") before the alien may obtain an H-1B visa.
The H-1B visa program permits a United States employer ("employer") to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the "INA" or the "Act") requires that an employer pay an H-1B worker the italicize of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor ("DOL") before the alien may obtain an H-1B visa.
Sunday, February 8, 2015
Wednesday, January 28, 2015
Eligibility for DACA and DAPA with criminal convictions and deportation ...
YOUTUBE VIDEO ABOUT U.S. IMMIGRATION LAW GUIDANCE: David Nachman, Esq. and Michael Phulwani, Esq. from the Nachman Phulwani Zimovcak (NPZ) Law Group discuss eligibility for DACA and DAPA with criminal convictions and deportation and/or removal orders. Information for individuals filing for DACA, DAPA and other Administrative Relief announced by President Obama in November, 2014.
Friday, January 23, 2015
Executive Action
Executive Action
- Will DACA and DAPA last with Republican rule
- Current court cases challenging Executive Action
- Politics with Immigration between Republicans and Democrats
- Possible bills being presented towards immigration reform
Wednesday, January 21, 2015
SUBMITTING AN H-1B PETITION ON APRIL 1st: WHAT PROSPECTIVE H-1B EMPLOYERS AND EMPLOYEES NEED TO KNOW? [Part II] By: Michael Phulwani, Esq., David H. Nachman, Esq., and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
SUBMITTING AN H-1B PETITION ON APRIL 1st: WHAT PROSPECTIVE H-1B EMPLOYERS AND EMPLOYEES NEED TO KNOW? [Part II] By: Michael Phulwani, Esq., David H. Nachman, Esq., and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
Compliance Issues: Posting Notice of the LCA & Maintaining Public Access Files.
Notice
of the LCA must be posted, or where there is a union it must be given
to the union, before filing the LCA. The notice may be the LCA itself or
a document of sufficient size and visibility that indicates: (1) that
H-1Bs are sought; (2) the number of H-1Bs; (3) the occupational
classification; (4) the wages offered; (5) the period of employment; (6)
the location(s) at which the H-1Bs will be employed; and (7) that the
LCA is available for public inspection. The notice should state where
complaints may be filed. Notice must be posted "in a least two (2)
conspicuous locations at each place of employment where any H-1B
nonimmigrant will be employed" and the notice shall be posted on or within 30 days before the date the labor condition application is filed and shall remain posted for a total of 10 days.
Compliance Issues: Posting Notice of the LCA & Maintaining Public Access Files.
Notice
of the LCA must be posted, or where there is a union it must be given
to the union, before filing the LCA. The notice may be the LCA itself or
a document of sufficient size and visibility that indicates: (1) that
H-1Bs are sought; (2) the number of H-1Bs; (3) the occupational
classification; (4) the wages offered; (5) the period of employment; (6)
the location(s) at which the H-1Bs will be employed; and (7) that the
LCA is available for public inspection. The notice should state where
complaints may be filed. Notice must be posted "in a least two (2)
conspicuous locations at each place of employment where any H-1B
nonimmigrant will be employed" and the notice shall be posted on or within 30 days before the date the labor condition application is filed and shall remain posted for a total of 10 days.
Monday, January 12, 2015
HOW DO I PREPARE FOR EXECUTIVE ACTION INITIATIVES? | Responses to Presid...
How Do I Prepare for Executive Action Initiatives?:
1. Documents to prove identity – passport, birth certificate, school ID, state ID, military ID, etc.;
2. Documents to prove physical presence and entry – I-94, passport stamp, travel itinerary, boarding pass, tax returns, employment records, medical records, school records, etc.
3. Criminal records (if applicable) – police records, charging documents, plea, disposition, termination of probation, etc.;
4. Immigration records – if you do not have your immigration records, they can be obtained from the government through a Freedom of Information Act (FOIA) request which can take several months; and
5. Documents to prove relationship to and status of qualifying relative – for example, birth certificates of U.S. Citizen children, proof of permanent residence, marriage certificate, U.S. passport, U.S. naturalization certificate, etc.
Thursday, January 8, 2015
Provisional Waiver Program | Business Immigration Actions | Advance Paro...
President Obama announced new Business Immigration Actions:
1. Provide work authorization to the H-4 spouses of certain H-1B visa holders. (may be soon)
2. Provide clearer guidance on the meaning of “specialized knowledge” to bring integrity to the L-1B program. This is likely to be done by policy memorandum.
3. STEM OPT Reform. (increase number of STEM categories?, increase time for STEM extension).
4. Visa Bulletin Reform. (use all unused visas and take only for primary beneficiary)
5. New Parole For Researchers, Inventors And Entrepreneurs.
6. Clarify the standard by which a National Interest Waiver (NIW) may be granted.
7. Modernize the PERM. (recruitment process)
8. Clarify portability provisions of AC-21.
Wednesday, January 7, 2015
Provisional Waiver Program | Business Immigration Actions | Advance Paro...
Expansion of the Provisional Waiver Program:
1. I-601A provisional waivers of unlawful presence will be expanded to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.
2. USCIS will provide guidance on the meaning of the “extreme hardship” standard that must be met to obtain a waiver of inadmissibility.
Worksite Compliance:
1. Establishing an interagency worksite enforcement group to identify policies and procedures that promote consistent enforcement of federal labor, employment and immigration laws to protect U.S. workers.
2. Secured Community Program (SCP) is being revamped and will now be a new Priority Enforcement Program (PEP) consistent with Enforcement Priorities at the Border.
Business Immigration Actions:
1. Provide work authorization to the H-4 spouses of certain H-1B visa holders. (may be soon)
2. Provide clearer guidance on the meaning of “specialized knowledge” to bring integrity to the L-1B program. This is likely to be done by policy memorandum.
3. STEM OPT Reform. (increase number of STEM categories?, increase time for STEM extension).
4. Visa Bulletin Reform. (use all unused visas and take only for primary beneficiary)
5. New Parole For Researchers, Inventors And Entrepreneurs.
6. Clarify the standard by which a National Interest Waiver (NIW) may be granted.
7. Modernize the PERM. (recruitment process)
8. Clarify portability provisions of AC-21.
Advance Parole (AP):
USCIS will issue guidance clarifying that the holding in Matter of Arrabally-Yerrabelly (that travel on AP is not a “departure” within the meaning of INA Section 212(a)(9)(B)(i) and therefore does not trigger the 3/10 year bars for unlawful presence) applies to all cases, not just the specific fact pattern in Arrabally.
Tuesday, January 6, 2015
Administrative Relief: Deferred Action for Childhood Arrivals (DACA) | D...
Expanding the Current Deferred Action for Childhood Arrivals (DACA):
1. Expands DACA to young people who came to the U.S. before turning 16 years old.
2. Have been present in the U.S since January 1, 2010 (continuous presence requirement has been shortened from June 15, 2007).
3. The expanded DACA initiative allows individuals born prior to June 15, 1981, to apply for DACA (removing the upper age restriction), provided they meet all other guidelines.
4. The government plans to extend the period of DACA and work authorization from two years to three years.
5. This initiative is expected to be implemented approximately 90 days following the announcement (February 20, 2015?).
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