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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FOR YOUR U.S. AND CANADIAN IMMIGRATION LAW QUERIES PLEASE FEEL FREE TO GIVE US A CALL.

:: 201-670-0006 
(ext. 100)


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UPCOMING EVENTS:

BCBA CLE Seminar: Spring 2020 Immigration Law Review in the Wake of COVID-19 

June 10th, 2020

Time: 12:00 pm - 2:00 pm
 
Location: 
Online (Webinar)

Webcast- 2020 U.S. Immigration Law: The Basics, COVID and Beyond.

June 24th, 2020

Time: 9:00 am - 3:45 pm

Location:
Online (Webinar)

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HEAR ABOUT YOUR IMMIGRATION LAW ISSUE:

NPZ LAW GROUP - US and CANADA Immigration and Nationality Law Podcast Library is available to you
on . . .
 
 
 
 
 
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PRESS RELEASE: DAVID H. NACHMAN, ESQ.  CONTINUES
 TO SERVE
 AS CHAIR OF THE NJSBA INTERNATIONAL LAW COMMITTEE.


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

 
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:

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:
 
This past week we saw (1) an immigration ban on some Chinese Researchers, (2) an announcement about the phase-in of premium processing; and (3) some good news from the Courts about the interpretation of an "employer - employee" relationship for a "specialty occupation" H-1B nonimmigrant work visa. We continue to update our readers on a real-time basis about these developments using our blogsite which can be accessed from the VISASERVE website at www.visaserve.com  
 
We remind our readers that our Nation was built, in part, by immigrants. The Nation has long been the beneficiary of the new energy and ingenuity that immigrants bring. Today, 14 percent of the nation's residents are foreign-born, over half of whom are naturalized citizens. Nearly 75 percent of all immigrants, who come from diverse backgrounds across the globe, report speaking English well or very well. Immigrants make up significant shares of the U.S. workforce in a range of industries, accounting for over a third of all farming, fishing, and forestry workers-as well as nearly 25 percent of those working in computer and math sciences. The highest number of immigrants work in the healthcare and social service industry, with over 4 million immigrants providing these services. As workers, business owners, taxpayers, and neighbors, immigrants are an integral part of the country's diverse and thriving communities and make extensive contributions that benefit all.  

We continue to remind our readers that we are U.S. and Canadian Immigration Lawyers and Specialists and that we handle a wide array of U.S. and Canadian Immigration and Nationality Law issues. If you, your staff, your friends, or your family members, have any questions about immigration and nationality issues in the US or Canada, please feel free to e-mail us at [email protected] or to call us at 201-670-0006 (x104). 
USCIS PREPARING TO RESUME PUBLIC SERVICES ON JUNE 4TH. 
U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4th. On March 18th, USCIS temporarily suspended routine in-person services at its field offices, asylum offices and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is following the Centers for Disease Control and Prevention's guidelines to protect its workforce and the public.
 
While certain offices are temporarily closed, USCIS continues to provide limited emergency in-person services. 
 
TIGHTER IMMIGRATION POLICY MAY PUSH EMPLOYERS TO EXPAND OUTSIDE THE U.S. [AS REPORTED IN HR  DIVE]
* Further immigration restrictions may push employers to expand their presence overseas in order to meet hiring needs, HR Dive says. Canada, in particular Toronto and Vancouver, are becoming compelling destinations. 

Employers are facing difficulties with tightening immigration policy while also dealing with the economic impact of the coronavirus pandemic. As a result, some are already expanding their presence in other countries to meet hiring needs and many others may follow, according to a recent study.
 
IMMIGRATION STUDY FINDS H-1B VISAS HELP U.S. COLLEGE GRADS [AS REPORTED BY FORBES] 
·  Foreign nationals on H-1B visas make it more likely U.S. workers will be employed, have better wage growth and other benefits, writes Stuart Anderson. 
 
·  Madeline Zavodny, an economic professor at the University of North Florida in Jacksonville, led a study on behalf of the National Foundation for American Policy, and found that "H-1B visa holders do not adversely affect U.S. workers."
 
·  Some key findings from the study include:
 
(1)  "An increase in the share of workers with an H-1B visa within an occupation, on average, reduces the unemployment rate in that occupation."
 
(2)   "...More H-1B visa holders leads to faster earnings growth for U.S. workers."
 
TO READ THE FULL STUDY, PLEASE CLICK HERE . . .
· USCIS says it will run out of money this summer. USCIS has requested $1.2 billion in emergency funding, and, it's asking Congress to approve a 10% surcharge on application fees as part of that funding.
 
· Remember, USCIS operates on the fees that it collects.
 
· If USCIS doesn't receive emergency funding, it projects revenue to drop 61% for the fiscal year and they will need to take steps this summer to remain operational.
 
* USCIS has reached a settlement with the business group ITServe Alliance. As a result, 10 years of policies restricting H-1B visa holders and employers is now overturned.

* Back on January 8th, 2010, "USCIS began with the "Neufeld" memo issued on January 8th, 2010. In that memo, USCIS asserted the authority to deny H-1B petitions based on a potentially restrictive understanding of what constituted an "employer-employee" relationship, including when an H-1B visa holder performed work at a customer's location," writes Anderson.  

100 PERCENT OF H-1B EMPLOYERS OFFER AVERAGE MARKET WAGES AND 78 PERCENT OFFER MORE. 
78 percent of H-1B employers offer wages, on average, above average market wages - 20 percent above. Each year, DOL  publishes  the prevailing wage determination for each H-1B job offer and the actual wage offer for each employee in those jobs. The average offered wage for all 61,420 H-1B requesting employers in FY 2019 was $100,461, while the average prevailing wage determination was $83,619, meaning H-1B employers were offering an average of $16,842 MORE than the average market wage that the law require - by about 20 percent 
 
EXCHANGE VISITOR PROGRAMS FACE UNCERTAINTY AS US OPENS BUT EMBASSIES REMAIN CLOSED [AS REPORTED BY IMMIGRATION IMPACT].
The coronavirus pandemic has affected day-to-day life for everyone, including foreign nationals who planned to participate in the U.S. Department of State's Exchange Visitor Program. These programs use on-the-job training and are often planned months in advanced.
 
Many large organizations and companies that sponsor and host exchange visitors-who come to the United States on J-1 visas-have been left wondering if their programs will happen at all this year.
 
DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR JUNE 2020 - IF YOUR "PRIORITY DATE" IS CURRENT, PLEASE LET US KNOW?  YES ... WE KNOW ... MOVEMENT CONTINUES TO BE SLOW!  
Employment-Based, First Preference (EB-1) Category
 
The EB-1 cutoff date for India moves ahead by more than ten months, to June 8th, 2016. Meanwhile, EB-1 China moves up to August 15th, 2017. The category remains current for all other countries of chargeability.

Employment-Based, Second Preference (EB-2) Category
 
The EB-2 category remains current for all countries of chargeability except India and China. EB-2 China moves forward to November 1st, 2015. EB-2 India advances to June 12th, 2009.

Employment-Based, Third Preference (EB-3) Category
 
The cutoff date for EB-3 China moves forward to June 15th, 2016. EB-3 India moves ahead to April 1st, 2009. All other cutoff dates for the EB-3 category are set at November 8th, 2017.

EB-3 Other Workers
 
With the exception of China, the cutoff dates for EB-3 other workers are the same for each country as its respective EB-3 cutoff dates. For China, the cutoff date for EB3- other workers progresses to July 15th, 2008.

Employment-Based, Fourth Preference (EB-4) Category
 
The cutoff date for EB-4 Mexico moves forward to June 8th, 2018. Meanwhile, the cutoff date for El Salvador, Guatemala, and Honduras moves to December 15th, 2016. This category remains current for all other countries of chargeability.

Employment-Based, Fifth Preference (EB-5) Category

The EB-5 category remains current for all countries of chargeability except China, India, and Vietnam. For China, the cutoff date moves to July 15, 2015. EB-5 India advances to January 1st, 2020. For Vietnam, the EB-5 cutoff date moves to April 22nd, 2017.
 
 
 
CANADIAN IMMIGRATION LAW NEWS .

CANADA ANNOUNCES HELP FOR EMPLOYERS TO MEET THEIR LABOR NEEDS.
The Government recently announced a process to allow temporary workers to get back to work quickly. With the COVID-19 pandemic impacting almost every sector in Canada, temporary foreign workers and their employers are confronted by new challenges in a rapidly changing job market. 
 
Many temporary workers with employer-specific work permits lost their jobs this spring. While some have left Canada, others are unable to leave due to international travel restrictions or the reduction in flights available. Under existing rules, to change jobs they need to apply and wait for a new work permit to be issued before starting to work at their new job. 
 
Canada has become a destination of choice for international students. This is attributed to strong schools and programs of study in both English and French; welcoming and diverse communities with an enviable quality of life; and opportunities to start careers. Eventually, these students become ideal candidates for permanent residency with their Canadian education, in-demand labor skills, and proficiency in one of the official languages. 
 

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 . . .

 
NPZ U.S. IMMIGRATION AND NATIONALITY LAWYERS - SNEHAL BATRA AND DAVID NACHMAN - PRESENT A VIDEO ABOUT "THE STOKES INTERVIEW" - PROVING A BONA FIDE RELATIONSHIP FOR USCIS MARRIAGE-BASED VISA PROCESSING FOR THE GREEN CARD. 

Proof of Relationship and Shared Activities. Of course, a marital relationship is about more than bank accounts and long-term financial planning. Your relationship probably includes many real moments that are evidence of your genuine affection for each other. Your experiences with one another as well as friends and family count for something. Examples include:
  • Evidence of trips the couple has taken together or to visit one another, including bills and receipts reflecting hotel stays, car rental, plane tickets, or excursions together while on the trip. You may also show corresponding passport stamps if you traveled together.
  • Evidence of any correspondence between spouses, including letters, birthday and holiday cards, phone bills, email, Facebook conversations or any other social media account.
  • Receipts from gifts that you bought for one another (such as gifts of affection or wedding rings).
  • Evidence of wedding-related expenses or correspondence with vendors such as wedding dress, groom's suit, catering, flowers, entertainment, videographer or photographer. Ideally, the receipt should name the couple and day of the event.
  • Other evidence of the wedding such as invitations, wedding sign-in book, religious certificate, or a newspaper announcement of the engagement and wedding.
  • Birth certificates of children born into the relationship or medical records from a doctor that says you are pregnant or are seeking fertility treatment.
  • Photographs that show both spouses together, preferably with family and friends. Ideally the photos will span throughout the relationship, before the marriage, during the wedding, and after the wedding. You may assemble the photos in an album with a text box to describe the context of the photo (e.g. why, when, where, who, etc.).
IS APPLYING FOR UNEMPLOYMENT INSURANCE (UI) GOING TO IMPACT CONSIDERATION FOR ME AS A "PUBLIC CHARGE" UNDER THE NEW FEBRUARY 24TH PUBLIC CHARGE RULE (AND THE NEW FORM I-944)?


Unemployment Insurance Benefits Are Normally Not Subject to Public Charge. Unemployment insurance benefits are not generally taken into consideration by the USCIS for purposes of making a public charge determination. As USCIS explained in its final rule on inadmissibility on public charge grounds ...

"DHS would not consider federal and state retirement, Social Security retirement benefits, Social Security Disability, post secondary education, and unemployment benefits as public benefits under the public charge inadmissibility determination as these are considered to be earned benefits through the person's employment and specific tax deductions". Additionally, the USCIS Policy Manual states that unemployment benefits are not considered by USCIS in a public charge inadmissibility determination as unemployment insurance is considered by USCIS as an "earned" benefit. See USCIS Policy Manual, Volume 8, Part G, Chapter 10. 

As a result of the definitions laid out in the final rule and the USCIS Policy Manual, claiming unemployment insurance benefits (if otherwise eligible for it) should not lead to a public charge determination. The unemployment benefit insurance program is administered by the states who pick up the cost of providing the unemployment insurance initially (normally 26 weeks). After this period, the federal government pays for the cost of the unemployment insurance up to a certain maximum number of weeks. Eligibility for unemployment insurance varies slightly by state and also as to whether the benefits are paid by the state (during the first 26 weeks) or by the federal government (afterwards). 

We should caution, however, that losing one's job may create factors which would weigh negatively during a public charge analysis. For example, many workers obtain health insurance through their employment and not having health insurance, especially with medical conditions, is a negative factor for public charge.