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UPCOMING EVENT:
US Immigration Law Basics (NJICLE) - A Primer for House Counsel, HR Managers and New Immigration and Nationality Lawyers.
Location:
New Jersey Law Center
1 Constitution Square, New Brunswick, NJ 08901
Time:
9:00 AM - 4:00 PM EST
NEW JERSEY LAW CENTER, NEW BRUNSWICK, NJ.
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WE ARE HIRING!
We are
Presently Hiring Employment-based Immigration Paralegals and Immigration Law Specialists for
our growing Immigration Law Practice.
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Quick Links
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:: 201-670-0006 (X100)
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OUR OFFICES:
NEW JERSEY OFFICE:
VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006 (x107)
NEW YORK 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
WE NOW ALSO HAVE A PHYSICAL PRESENCE IN CHICAGO AND BOSTON FOR THE CONVENIENCE OF OUR CLIENTS.
INDIA AFFILIATED OFFICES:
Kaival Chalishazar, Adv.
Kaival Chalishazar & Co.
22 Vasant Kunj
New Sharda Mandir Road, Paldi, Ahmedabad 380007, India
ATT: Call Kaival at x107
(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).
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Law Office of Michael Phulwani
F603 Remi Biz Court
Veera Desai Road
Andheri West
Mumbai 400 053, India
Call us at 201-670-0006 (x104) for contact details.
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Dear Readers:
The "rules of engagement" for our Presidential hopefuls continues to change. As the issues of immigration are quietly being debated in Congress and new Bills are being proposed, the issues percolate to the surface. However, they percolate with mindfulness of the fact that a position on this issue could make or break a huge voting bloc for either one of the candidates. In fact, and very soon, the Supreme Court is going to issue its decision in the DAPA and DACA II case (Texas v. U.S.). Whatever is the outcome on this matter, the Presidential candidates are going to have to provide their comments. As a reminder, the issue that is "center stage" in this case is whether the President has the ability to exercise discretion to use "executive actions" to deal with certain issues. With Donald Trump as the Republican front-runner for President, the issue of the use of "executive action" is one that is likely to send "shivers down many spines".
However, it continues to be our contention that only one who is "moderate" can hold the office of the President. What this means is that both parties (as we approach the Democratic and Republican National Conventions), will have to seek a moderate position on the issue of U.S. immigration. Mr. Trump will have to self-correct by stating his support for "legal" as opposed to "illegal" immigration. Ms. Clinton will have to try to hide the shameful law that her husband was responsible for passing in 1996. We consistently get asked by our clients and potential clients alike which candidate WE feel will be best for immigration in the U.S. Our response has not changed. We continue to look to the candidate that can take a "moderate" approach to the issue and one who respects the diversity that has made (and continues to make) the U.S. the great Nation that it is.
Our "legal" immigration system is certainly vibrant and the system (as broken as some seem to feel it is) offers opportunities for those who are patient and able to navigate significant "red tape". Of course, there are various "fixes" that we would like to see to enhance family unity, visas for highly-skilled labor and provisions that afford opportunities for humanitarian claims. We also hope that the U.S. government will strengthen the borders and ensure that those who do not understand and/or respect the freedoms offered by our great nation remain "outsiders".
At the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., we are U.S. immigration and nationality lawyers and attorneys and we assist individuals, businesses and families to recognize their "American Dream" in a legal fashion. For information about the U.S. and/or the Canadian Immigration and Nationality Laws, please feel free to e-mail to us at [email protected] or you can feel free to call us anytime at 201-670-0006 (x107). Our U.S. and Canadian Immigration attorneys and staff look forward to being of assistance to you, your colleagues and/or your friends/family.
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USCIS CLARIFIES WHEN AND HOW TO PAY ADDITIONAL FEES FOR CERTAIN H-1B AND L-1 PETITIONS. By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.
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The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increased the fees for certain H-1B and L-l petitioners.
These petitioners are required to submit an additional fee of $4,000 for certain H-lB petitions and $4,500.00 for certain L-1A and L-1B petitions submitted on or after December 18th, 2015. The additional fee will remain in effect
until September 30th, 2025. United States Citizenship and Immigration Services (USCIS) has instructed employers to pay the additional fee using a separate check made payable to the Department of Homeland Security.
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OSC UPDATES: DOJ - OSC PROMULGATES A FLYER WITH GUIDANCE ABOUT AVOIDING DISCRIMINATION AGAINST REFUGEES & ASYLEES.
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Recently the Office of Special Counsel for Immigration-Related Unfair Employment practices in Washington DC issued a flyer providing guidance for employers about what they should know in order to avoid discrimination against refugees and asylees.
Many employers are likely to encounter asylees and refugees in the hiring process (for the I-9 Form) and may be confused about the types of documents that they can show to demonstrate that they have proper employment authorization in the U.S.
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USCIS UPDATES: CW-1 CAP REACHES FOR FISCAL YEAR 2016.
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On May 19th USCIS announced that it has
received a sufficient number of petitions to reach the numerical limit (the "
cap") of 12,999 workers who may be issued CW-1 visas or otherwise provided with CW-1 status for Fiscal Year (FY) 2016. May 5, 2016 was the final receipt date for CW-1 worker petitions requesting an employment start date before October 1, 2016.
The CNMI - Only Transitional Worker (CW) visa classification allows employers in the Commonwealth of the Northern Mariana Islands (CNMI) to apply for temporary permission to employ foreign (nonimmigrant) workers who are otherwise ineligible to work under other nonimmigrant worker categories. The CW classification provides a method for transition from the former CNMI foreign worker permit system to the U.S. immigration system.
USCIS will reject CW-1 petitions that were received after May 5th, 2016 and that request an employment start date before October 1st, 2016. This includes CW-1 petitions for extensions of stay that are subject to the CW-1 cap. The filing fees will be returned with any rejected CW-1 petition.
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USDOS VISA BULLETIN UPDATES: EMPLOYMENT-BASED FOURTH PREFERENCE (EB-4) VISA LIMITS REACHED FOR SPECIAL IMMIGRANTS FROM MEXICO.
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Mexico has reached its EB-4 visa limit as congressionally mandated for fiscal year 2016, which ends September 30th. Information on EB-4 visa availability for fiscal year 2017 will appear in the Department of State's October Visa Bulletin, which will be published in September.
EB-4 visas are for special immigrants. These are individuals who may be eligible for lawful permanent resident status based on specific classifications, including
Special Immigrant Juvenile (SIJ) and/or Religious Workers, among others.
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NEW STEM LIST FROM SEVP: SEVP RELEASES STEM DESIGNATED DEGREE PROGRAM LIST.
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In May, Student Exchange and Visitor Program ("SEVP") released
the STEM Designated Degree Program list with different field of study that DHS considers to be science, technology, engineering or mathematics (STEM) fields of study for purposes of the 24-month STEM optional practical training extension.
A STEM field of study is a field of study "included in the Department of Education's Classification of Instructional Programs taxonomy within the two-digit series containing engineering, biological sciences, mathematics, and physical sciences, or a related field.
In general, related fields will include fields involving research, innovation, or development of new technologies using engineering, mathematics, computer science, or natural sciences (including physical, biological, and agricultural sciences)."
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USCIS ADJUSTMENT OF STATUS FILING CHARTS FOR THE JULY 2016 VISA BULLETIN.
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Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the
Adjustment of Status Filing Process.
If you already have a petition filed or approved on your behalf, you may have to wait for an available visa in your category (if applicable) before you can file your Form I-485, Application to Register Permanent Residence or Adjust Status. USCIS has determined that for family-sponsored and employment-based filings, the Application the "Final Action Dates chart" in the DOS Visa Bulletin for July 2016 is required to be used.
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THE JULY 2016 VISA BULLETIN: DOS REPORTS JULY 2016 VISA NUMBERS - IS YOUR PRIORITY DATE CURRENT? IF SO, PLEASE LET US KNOW.
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EB-4 and Certain Religious Workers (SR) Preference Categories -
As previously predicted, and noted in
the July Visa Bulletin
, a cut-off date of January 1st, 2010 will be imposed in July for EB-4 Mexico. This is the same cut-off date imposed earlier this fiscal year for EB-4 El Salvador, Guatemala, and Honduras. There will be no forward movement in these categories prior to the end of the fiscal year.
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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 . . .
https://www.youtube.com/watch?v=3Crfb5L_vlo
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IMMIGRATION OPTIONS FOR VICTIMS OF CRIMES: THE U VISA.
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The U nonimmigrant status (U visa) is set aside for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. Below are Questions and Answers pertaining to U nonimmigrant visas.
Q: How Does One Become Eligible for U Nonimmigrant Status?
A: There are four statutory eligibility requirements. The individual must:
The individual must have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity.
The individual must have information concerning that criminal activity.
The individual must have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime.
The criminal activity violated U.S. laws
Q: What Qualifies as "Criminal Activity"?
A: Qualifying criminal activity is defined as being an activity involving one or more activities that violate U.S. criminal law, including
Abduction,
Abusive Sexual Contact,
Blackmail
Domestic Violence
Extortion
False Imprisonment
Genital Female Mutilation
Felonious Assault
Hostage
Incest
Involuntary Servitude
Kidnapping Manslaughter
Murder
Obstruction of Justice
Peonage
Perjury
Prostitution
Rape
Sexual Assault
Sexual Exploitation
Slave Trader
Torture
Trafficking
Witness Tampering
Unlawful Criminal Restraint
Other Related Crimes
Q: What are the Procedures to Request U Nonimmigrant Status?
A: Foreign national victims of crime must file a, Form I-918, Petition for U Nonimmigrant Status. The form requests information regarding the petitioner's eligibility for such status, as well as admissibility to the United States. Currently, USCIS has designated its Vermont Service Center as the centralized location to receive all U nonimmigrant petitions.
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TRANSFER OF FOREIGN WORKERS: L-1A vs. L-1B NONIMMIGRANT INTRACOMPANY WORK VISAS.
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An
L-1 visa
is a
visa document
used to enter the
United States
for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a relatively short amount of time, from three months (for Iran nationals) to five years (India, Japan, Germany), based on a
reciprocity schedule.With extensions, the maximum stay is seven years.
L-1 visas are available to employees of an international company with offices in both the United States and abroad. The visa allows such foreign workers to relocate to the corporation's US office after having worked abroad for the company for at least one continuous year within the previous three prior to admission in the US. The US and non-US employers must be related in one of four ways: parent and subsidiary; branch and headquarters; sister companies owned by a mutual parent; or 'affiliates' owned by the same or people in approximately the same percentages. The L-1 classification also enables a foreign company which does not yet have an affiliated U.S. office to send an employee to the United States to help establish one, with additional requirements.
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