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FOR YOUR U.S. AND CANADA IMMIGRATION LAW QUERIES PLEASE FEEL FREE TO GIVE US A CALL.
:: 201-670-0006
(ext. 100)
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UPCOMING EVENT:
Employer Immigration Compliance: I-9s and Beyond
May 12th, 2020
Location:
Online (Webinar)
Free admission but registration is required. RSVP by 5/11/2020 to:
3 HRCI & SHRM-CP credits available.
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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).
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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)
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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)
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Dear Readers:
There will be many key stories that emerge out of this new and challenging coronavirus pandemic landscape. One will be of an America where people banded together to help one another battle the crisis. Another will be of a President who used a dangerous public health crisis to advance his own political agenda.
Since the pandemic began, we have all been reminded of the key role that U.S.- and foreign-born essential workers play to keep our society moving and our families safe. Our normally contentious congressional leaders have been able to collaborate in a bipartisan fashion to pass large-scale legislative packages to address the unprecedented, nationwide impact of the virus. It is clear that immigration is not the "problem" but will assist us to achieve the "solution".
Despite years of growing political polarization in the U.S., the coronavirus has shifted the public's attention away from politics and toward what is most important ... how we care for and support one another. Past divisions are now being challenged by a new story of "us against the coronavirus" and the public's sense of interdependence and mutual care has been reawakened.
This is great news for everyone who cares about the Nation and its future. We are all in this together and we need to stand unified to find results and cures for the issues that face us. We stand shoulder to shoulder to get the U.S. back on track.
We remind our readers that we are US and Canadian Immigration and Nationality Lawyers and that we work hard for our business, family and individual clients. Please feel free to contact us by email at
info@visaserve.com
or by calling us anytime at 201-670-0006.
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USCIS RECENT ANNOUNCEMENT OF JUNE 4th EXTENSION OF CLOSURE.
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On March 18th, U.S. Citizenship and Immigration Services temporarily suspended 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 readying offices to re-open in compliance with local and state orders, on or after June 4th. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public while the offices are temporarily closed. During this time, individuals may still submit applications and petitions to USCIS.
Online filing remains the most convenient and interactive way to submit forms, check the status of your case, and receive notices.
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TRUMP PROCLAMATION BANNING U.S. IMMIGRATION: "MUCH ADO ABOUT NOTHING" OR IS IT? TRUMP EXECUTIVE ORDER ROUND-UP.
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Now that we have had some time to digest Trump's April 22nd Proclamation Banning Immigration to the U.S. ... Here's What We Now Know About Trump's Immigration Proclamation.
On April 22nd, 2020, President Trump issued a "Proclamation" suspending the entry of any individual seeking to enter the United States as an immigrant who:
- Is outside the United States on the effective date of the proclamation;
- Does not have a valid immigrant visa as of April 23, 2020; and
- Does not have a valid official travel document as of April 23, 2020, or issued on any date thereafter.
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WILL THE PERM PROCESS CHANGE IN THE POST-PANDEMIC WORLD? WHAT HAPPENS AFTER THE PERM APPLICATION IS FILED AND PROCESSED?
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When seeking employment-based permanent residence status in the U.S. using the PERM Labor Certification Process, there will usually be three main steps. First, your sponsoring employer will need to obtain PERM labor certification. To obtain the labor certification, your employer will need to file a PERM application with the Department of Labor (DOL). This is done on Form ETA 9089. The application requires the employer to go through a rather extensive recruitment process and to obtain a Prevailing Wage Determination. Once the application is filed with the DOL, it may take up to several months for it to be processed.
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PERM PROCESS MUSINGS: DOES THE POST-PANDEMIC WORLD CHANGE THE PERM PROCESS? ISSUES TO CONSIDER BEFORE STARTING PERM.
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If an employer is looking to sponsor an employee who is a foreign national who may be looking for an
employment-based green card
, the employer will most likely need to go through the PERM labor certification process.
PERM, the Program Electronic Review Management, certification must be obtained through the U.S. Department of Labor (DOL). The PERM process is in place so that the DOL can verify that hiring a foreign national will not have a negative impact on the U.S. labor markets. It also shows the DOL that the employer will pay the prevailing wage for the position in the relevant geographic area.
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POST-COVID-19 PERM MUSINGS: I FILED A PERM ... CAN I CHANGE JOBS AFTER PERM APPROVAL?
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For most seeking
employment-based green cards
, having their employer pursue PERM Labor Certification is the first step in the process. The PERM process involves a series of requirements the employer must complete, such as a recruitment process and obtaining the prevailing wage determination. PERM is in place to help prevent employers from taking advantage of the immigration system, seeking foreign labor that would be willing to work for lower wages and preventing other American workers from securing gainful employment. PERM is a lot of work for the employer and can take a substantial amount of time to complete. During that time, the foreign worker may find another job that may be better suited to them. The question then arises as to whether or not he or she may switch prospective jobs either during the PERM process or after PERM approval.
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"USE IT OR LOSE IT": USCIS IS REUSING BIOMETRICS FOR I-765 WORK AUTHORIZATION EXTENSION REQUESTS.
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U.S. Citizenship and Immigration Services recently announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. This announcement is consistent with existing USCIS authorities regarding the agency's ability to reuse previously submitted biometrics.
Applicants who had an appointment scheduled with an ASC on or after the March 18th closure or has filed an I-765 extension will have their application processed using previously submitted biometrics. This will remain in effect until ASCs are open for appointments to the public.
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DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR MAY 2020 - IF YOUR "PRIORITY DATE" IS CURRENT, PLEASE LET US KNOW? YES, . . . WE KNOW . . . MOVEMENT CONTINUES TO BE SLOW!
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Employment-Based, First Preference (EB-1) Category:
The EB-1 category for all countries of chargeability except India and China finally returns to being current. Meanwhile, India and China only get a bit of relief in this category. EB-1 India advances to August 1, 2015, and EB1 China moves ahead to July 15, 2017.
Employment-Based, Second Preference (EB-2) Category:
The EB-2 category remains current for all countries of chargeability except India and China. EB-2 India inches forward to June 2, 2009. EB-2 China moves up to October 1, 2015.
Employment-Based, Third Preference (EB3-) Category:
EB-3 India advances to March 1, 2009. EB-3 China moves forward to May 15, 2016. For all other countries of chargeability, EB-3 remains set at January 1, 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 EB-3 other workers progresses to July 15, 2008.
Employment-Based, Fourth Preference (EB-4) Category:
The EB-4 cutoff date for El Salvador, Guatemala, and Honduras moves to August 15, 2016. EB-4 for Mexico moves ahead to May 1, 2018. 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 India, China, and Vietnam. EB-5 India races ahead to October 1, 2019. For China, the cutoff date moves to July 1, 2015. The EB-5 cutoff date for Vietnam moves up to April 1, 2017.
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CANADIAN IMMIGRATION LAW NEWS .
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GET READY TO QUARANTINE IF YOU ARE GOING TO CANADA: NEW MANDATORY MEASURES WHEN TRAVELING TO CANADA.
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As of April 15th, 2020, the Government of Canada updated its Emergency Order under the Quarantine Act to "self-isolate or mandatory quarantine" when entering Canada. Now, all travelers arriving in Canada, by land, air, or sea, whether they are symptomatic or asymptomatic, will need to confirm if they have a suitable place to isolate or quarantine and whether they will have access to basic necessities such as food and medication. Travelers must have such a plan available prior to arriving to Canada. For travelers who do not have an appropriate plan in place, they must go to places designated by the Chief Public Health Officer of Canada for self-isolation or quarantine. This criterion is newly applied to asymptomatic travelers.
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CERB BENEFITS AND FAMILY SPONSORSHIP APPLICATIONS.
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The Government of Canada recently introduced Canada Emergency Response Benefit ("CERB"), a taxable benefit for eligible workers who have lost their jobs due to COVID-19. This temporary income support will be available for up to sixteen weeks.
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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 . . .
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NPZ LAW GROUP'S - VISASERVE - RECENT VIDEO ABOUT L-1A INTRACOMPANY NEW OFFICE NONIMMIGRANT WORK VISAS.
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L-1A Nonimmigrant Intracompany Visas for New Offices . . .
for foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office, the employer must also show that:
- The employer has secured sufficient physical premises to house the new office;
- The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and
- The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.
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NPZ LAW GROUP'S - VISASERVE - RECENT VIDEO ABOUT H-1B REGISTRATION RESULTS ARE IN . . . IF YOU WERE NOT AN H-1B WINNER THIS YEAR, YOU MAY WANT TO CONSIDER SOME H-1B ALTERNATIVES.
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Many of our readers are aware that as of March 27, USCIS had received 275,000 H-1B cap registrations which is more than a sufficient number to fill the annual H-1B quota and they have completed the random lottery to allocate the available visa numbers and selected registrants are expected to be notified by March 31st. We wanted to provide an overview of the alternative visa options for those H-1B employers and employees whose H-1Bs did not get selected under the H-1B cap lottery.
Possible Waitlist and Second Chance Lottery in Summer.
According to USCIS, selected H-1B cap registrations which did not file an H-1B petition before the June 30, 2020 deadline will be then allocated among the wait-listed (non-selected) registrations. As a result, it is possible that an H-1B registration which was not selected in the initial March lottery to be selected and invited to submit an H-1B petition later in the summer, likely around July or August.
In light of the sudden economic downturn as a direct result of the Coronavirus/Covid-19 pandemic, we are expecting that a significant number of selected H-1B registrations will not be able to file an H-1B petition - mainly due to changed economic circumstances - and, as a result, we believe that there is a notable chance that an H-1B cap registration not initially selected in March may be selected in the summer during a secondary lottery period, in July.
Alternatives to H-1B Cap Petitions.
Now that the H-1B quota has been reached, we are receiving an increasing number of inquiries by both cap-subject employers and prospective employees about the alternatives for work authorization between now and October 1, 2021, when the
next
fiscal year's H-1B quota would begin (as a reminder, April 1, 2021 is the earliest a cap-subject H-1B application can be filed under next year's cap). We describe some of the most common H-1B visa alternatives. Note that the list is not intended to exhaust all possible visa types and scenarios pursuant to which an employee may be legally employed. Our goal is to list some of the common options for the benefit of our clients and readers. We are happy to discuss individual cases as part of our initial consultation.
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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)?
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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.
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