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.
 
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.

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



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."

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.
 
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.
 
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




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.

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.