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. 

Eligibility for DACA and DAPA with criminal convictions and deportation ...

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

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.

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.

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.

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.

Administrative Relief: Deferred Action for Childhood Arrivals (DACA) | D...

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?).

Cut off date for January 2015 (Visa bulletin for January 2015) and Deferred Action for Parental Accountability (DAPA)