Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - U.S. and Canadian Immigration and Nationality Law Newsletter and Updates.
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In This Issue:
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:: 201-670-0006 
(ext. 100)


 
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UPCOMING EVENT

Business Immigration Law 101: The HR Guide to U.S. Immigration Visas and Green Card
 
When: October 6th, 2019
 
Where: GSC SHRM, Atlantic City, NJ
 
E-mail to us at info@visaserve.com for more details. 
 
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PRESS RELEASE: DAVID H. NACHMAN, ESQ. SHALL CONTINUE
 TO SERVE
 AS CHAIR OF THE NJSBA INTERNATIONAL LAW COMMITTEE.


 
The New Jersey State Bar Association (NJSBA)
  re-appointed David Nachman, Esq., one of the Managing Attorneys of the International
 Immigration
 and Nationality Law Firm of Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - VISASERVE - as Chair of the International Law Section. 

 
KNOW YOUR RIGHTS!
 

If you are stopped by an Immigration Official or Police Officer; you can choose to ... 
 

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AT NPZ, WE SPEAK YOUR LANGUAGE:
 
 
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NPZ'S OFFICES*:

NPZ'S NORTHERN NEW JERSEY OFFICE:

VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006 (x107)

Please feel free to ask about our presence in Boston, MA. and in Chicago, IL.

* Please note that our immigration law practice is national and international in scope. We assist our clients throughout the U.S. and throughout the world.

NPZ'S CENTRAL NEW JERSEY OFFICE:
 
907 U.S. Highway
#202 North,
Raritan, NJ   
Phone: 1-866-599-3625

NEW YORK CITY OFFICE:

108 West 39th Street
8th Floor, Suite 800
New York, NY 10018
Phone: 1-866-599-3625 

INDIANA OFFICE:

Indianapolis City Center 
201 North Illinois Street
16th Floor, South Tower
Indianapolis, IN 46204
Phone: 317-936-6600
 
CANADA AFFILIATED OFFICE:

VISASERVE - Canada
2980 Drew Road
Suite 225
Mississauga, 
ON L4T 0A7
Phone: 905-499-3853

INDIA AFFILIATED OFFICES:

Gujarat Office in India
 
If you are looking for
 a local contact in 
Gujarat (India), please 
call us or send us an 
email at 
and we will point you in the appropriate direction. We have numerous individuals and organizations with 
whom we have relationships in Gujarat and the organizations/persons with whom we work depend upon your demographics in 
Gujarat (India) and the type of case you may 
be calling about. 
 
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Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. (Mailing Address only - Offices
in Mumbai) . 
 
c/o Mr. Shishir Goyal, Authorized Agent 
  201 Nepean House 
85 Nepean Sea Road
Mumbai 400006, India 

Call us at 
201-670-0006 (x100) 
for contact details.  
 
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Shekhar Raj Sharma 

SRS Legal 
A1/134, Safdurjung Enclave,
Lower Ground Floor
New Delhi-29, India 
  
(This office provides "on the ground" services to our Indian clients such as India Divorce, India Real Estate Purchase and Sale, Business Sale Purchase, Adoption, Litigation and High Court Complaints)
Dear Readers:  
 
The month of September is off to a slow start. Students returned to school and the smell of cinnamon is in the (rapidly approaching) Fall Air. As we settle into our Fall routines, we turn to the rapidly approaching changes that will modify the US Immigration Law landscape for years to come. 
 
In October, there will be new and vague "support" rules which give tremendous discretion to USCIS Adjudicators. Additionally, the EB-5 landscape is scheduled to be modified with increased investment thresholds in late-November. 
 
The US Immigration Law continues to be plagued with misunderstandings about the value contributed into our economy by the "entrepreneurial spirit" that is imported through the "best and the brightest" immigrants to the US from throughout the world. We continue to wrestle with what is best for our Nation as the US Immigration Law continues to be the "political football" it has always been. An uptick in inquiries about Canadian Immigration Law options lead us to conclude that many specialized skillsets are headed "North of the Border". 
 
We remind our readers that we are US and Canadian Immigration and Nationality Lawyers and Specialists. If you, your friends, your family members (or your Human Resources colleagues) should have any US or Canada Immigration Law inquiries, please feel free to contact us at info@visaserve.com or call our offices at 201-670-0006 (x107).  
IMPORTANT CHANGES TO E-1 & E-2 VISAS FOR FRENCH PASSPORT HOLDERS  
On August 20th, 2019, the French-American community heard of an unexpected announcement in which the conditions of validity for the E-1 and E-2 nonimmigrant visa were revised. Previously, holders of this visa, based on review of their dossier and validation of their business plan, were granted a five-year visa. Following this latest announcement, the reasons for which are still unsure, the validity has been reduced to 15 months. According to US immigration law, visa categories are aligned with the conditions attributed to American citizens in partner countries. However, there has not been a recent change in the French immigration laws pertaining to this visa category.
 
THE ABC'S OF NTA: WHAT IS A MERITS HEARING DURING THE REMOVAL PROCESS?
If you have received a Notice to Appear in Removal Proceedings, then the Removal Process has begun. In addition to being scared at the prospects of being deported, you are probably wondering what is in store for you during the Removal Process. Additionally, you are likely contemplating what, if anything, there is that you can do to stop a REMOVAL and/or Deportation from happening
 
CANADIANS AND MEXICANS: IMMIGRATION TO THE U.S. FOR NAFTA PROFESSIONALS.
The North American Free Trade Agreement (NAFTA) (or whatever it is called now ...) creates a TN Work Classification to facilitate the temporary employment approval of Canadian and Mexican citizens looking to work in the United States. This was intended to further strengthen both business and trade relations between the three countries. Upon approval of a TN, a Canadian or Mexican citizen can be admitted to the U.S. in increments of stay up to 3 years. There is the possibility that an extension or multiple extensions of stay(s) would be granted in increments of up to 3 years. 
 
A NEW H-1B SYSTEM TAKES SHAPE: DHS PROPOSES A MINIMAL REGISTRATION FEE FOR PETITIONERS SEEKING TO FILE H-1B CAP-SUBJECT PETITIONS.
On September 3 rd , 209, the Department of Homeland Security (DHS) announced a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to pay a $10.00 fee for each electronic registration they submit to USCIS.

Because USCIS must expend resources to implement and maintain the H-1B registration system, and because USCIS operations are funded by fees collected for adjudication and naturalization services, DHS is proposing an appropriate, nominal fee for submitting H-1B registrations to recover those costs. 
 
TO READ MORE, PLEASE CLICK HERE . . . 
USCIS PROPOSES MORE EFFECTIVE AND EFFICIENT PROCESSING OF WORK AUTHORIZATION REQUESTS FOR ASYLUM APPLICANTS .
U.S. Citizenship and Immigration Services (USCIS) announced a proposed regulation to improve the process for granting or denying an initial application for employment authorization documents (EADs) by reforming the current 30-day timeline pertaining to pending asylum applicants.
 
These proposed changes will allow USCIS the time that is needed to receive, screen, and process applications, which in-turn would strengthen national security, maintain technological advances in identity verification, and further deter those who may be attempting to defraud the legal immigration system under an improved process
 
THE US STATE DEPARTMENT (DOS) ISSUES A REMINDER ABOUT USES OF PASSPORT BOOKS/CARDS UNDER "THE REAL ID ACT".
The Department of State (DOS) recently issued a reminder about upcoming changes to domestic air travel documentation requirements under the Real ID Act, which requires all state-issued identification documents to meet a set of minimum security standards. IDs that do not meet these standards will not be accepted for federal purposes, including as ID for boarding domestic flights. State IDs, such as driver's licenses, may need updating.
 
The reminder notes that the U.S. passport book and U.S. passport card are both accepted by the Transportation Security Administration as ID for domestic flights. The passport card cannot be used for international air travel. In addition to its acceptance as ID for domestic flights, the passport card can be used for entering the United States at land border crossings and sea ports of entry from Canada, Mexico, the Caribbean, and Bermuda. The passport card costs $30 for adults who have a passport book, and $65 for first-time adult applicants. The card has the same validity period as the book (valid for 10 years for those over 16).
 
TO READ MORE, PLEASE CLICK HERE . . . 
IN THE US IMMIGRATION NEWS: USCIS RE-OPENS PREVIOUSLY PENDING DEFERRAL REQUESTS.
U.S. Citizenship & Immigration Services (USCIS) on September 2nd, 2019 announced that it will reopen non-military deferred action cases that were pending on August 7th.  Letters were scheduled to be sent out in the same week of announcement regarding re-opening all cases that were pending on August 7th.
 
On August 7th, USCIS stopped its consideration of deferred action for non-military requests. At that time, USCIS sent out letters informing those who had requested deferred action that USCIS was no longer entertaining such requests. Deferred Action is a discretionary determination to defer the removal and/or deportation of an individual who is illegally present in the United States as an act of prosecutorial discretion on a case-by-case basis. Those denied requests that were pending on August 7th did not have removal orders pending and have not been targeted for deportation.
 
DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR SEPTEMBER 2019 - IF YOUR "PRIORITY DATE" IS CURRENT PLEASE LET US KNOW?  
Employment-Based, First Preference (EB-1) Category
 
EB-1 for India is unavailable in the September 2019 Visa Bulletin. The cutoff dates for EB-1 China retrogress to January 1st, 2014. For all other countries of chargeability, the cutoff date moves forward to October 1st, 2017.

Employment-Based, Second Preference (EB-2) Category
 
In September, EB-2 India moves very slightly forward to May 08, 2009. EB-2 China, meanwhile, remains at January 1st, 2017. The EB-2 cutoff date for all other countries of chargeability advances to January 1st, 2018.

Employment-Based, Third Preference (EB-3) Category
 
EB-3 India retrogresses to July 1st, 2005, and EB-3 China retrogresses to January 1st, 2014. All other countries of chargeability remain at July 1st, 2016.

EB-3 Other Workers
 
With the exception of China, the cutoff dates for EB-3 other workers are the same for each country as their respective EB-3 cutoff date. For China, the cutoff date for EB-3 other workers remains at November 22nd, 2007.

Employment-Based, Fourth Preference (EB-4) Category
 
The EB-4 category in September is unavailable for all countries of chargeability.

Employment-Based, Fifth Preference (EB-5) Category
 
EB-5 India moves forward to September 1st, 2017. EB-5 China also advances, to October 22nd, 2014. The EB-5 Vietnam cutoff date moves up by a few days, to October 22nd, 2014. The category remains current for all other countries.
 
 
CANADIAN IMMIGRATION LAW NEWS .

EXPANSION OF STUDENT DIRECT STREAM TO SUPPORT FRANCOPHONE IMMIGRATION.
Canada is making the Student Direct Stream (SDS) available to international students coming from Senegal and Morocco, starting September 9th, 2019.

The SDS process was launched in 2018 for students applying for study permit from China, India and the Philippines and Vietnam, with an average processing time of less than three weeks. Canada is a top destination for students seeking both a high quality international education and employment in the field of study once they graduate. With Canadian education credentials and skilled work experience in Canada, former international students are well positioned for success in applying for permanent residence through Express Entry
 
VISITING CANADA? LEAVE YOUR FIREARMS AT HOME
.  
The Canadian Border Services Agency (CBSA) is launching a firearms awareness campaign reminding visitors to Canada about Canadian firearm laws. Canadian laws are different than those in the United States. U.S. citizens bringing firearms into Canada or taking firearms through Canada to Alaska or transiting through Canada to reach another U.S. destination, must declare any firearm to CBSA. Additionally, you must have all necessary permits of your firearm and ensure it is stored and transported appropriately.

MOVING FROM CANADA TO THE U.S. TO WORK
.  
Each year, thousands of Canadians move to the U.S. to pursue employment opportunities. You may not be able to move to the U.S. and then find employment, but there are avenues for you to move as part of a transfer for a current employer or you may have secured a new employment opportunity. Prior to coming to the U.S. to work, you must obtain the requisite immigration employment authorization.


CHECKOUT VISASERVE'S REGULARLY UPDATED YOUTUBE VIDEO LIBRARY (SOME SELECTIONS BELOW) ABOUT U.S. AND CANADIAN IMMIGRATION LAWS:

"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.

Check us out at . . .

 
INTRACOMPANY TRANSFER VISAS - L-1A VISA AND L-1B VISAS: ANOTHER WAY TO BRING YOUR BUSINESS TO THE U.S.:  HOW TO TURN A TEMPORARY STAY QUICKLY INTO A GREEN CARD.  


The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with fee, on behalf of the employee. Check out our L-1 page at VISASERVE - NPZ Law Group Website The New Company L-1A visa is an interesting permutation for getting the green card. Speak to one of our immigration lawyers about the new company L-1A visa and how it transfers to a green card.   
THERE ARE SEVERAL DIFFERENT TYPES OF RFE DOCUMENTS - SOME ARE "SPECIALTY OCCUPATION" RFES AND SOME ARE "PREVAILING WAGE" RFES AND SOME ARE "THIRD PARTY WORKSITE RFES  . . . WHY DID WE GET AN RFE? WHAT IS THE H-1B REQUEST FOR EVIDENCE (RFE). 

WHAT IS THE REQUEST FOR EVIDENCE: H-1B REQUEST FOR EVIDENCE (RFE) - WHAT IT IS AND WHY DOES ONE ISSUE? 
 
Receiving a Request-For-Evidence (RFE) during an H-1B visa petition or H-1B transfer or H-1B extension has become normal opposed to when it used to be a taboo prior to 2008 when the USCIS very rarely asked for more information. Today the RFE is now more of a norm than an aberration. These days the possibility of getting an RFE is 1 out of 3 cases and it is not really anything bad. It is only the USCIS wanting more information from the petitioner in order to make sure the petition for the Job being filed really exists and if the candidate really qualifies. Some of the various types of queries in RFEs are as follows: (1) Various H-1B worksites; and (2) Level of Professional work available for H-1B workers; and (3) Financial stability of the H-1B employer; and (4) Whether the individual seeking H-1B status maintained their nonimmigrant visa status.