Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - U.S. and Canadian Immigration and Nationality Newsletter and Update.
In This Issue:
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UPCOMING
EVENT
 
WORKFORCE INVESTIGATIONS: What to do before (and after) ICE, FDNS & DOL knock on the door - A WEBINAR.

Where: Online Only.
 
When: Wednesday, August 3rd, 2016

Time: 12:00 PM to 1:40 PM
 

 

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Dear Readers:

Today the Republican National Convention opens in Cleveland, Ohio. We are closely monitoring the immigration policies of Donald Trump and Mike Pence. As previously stated, the folks that get elected tend to be those that are "moderate". This means that Trump-Pence will likely have to tone-down any anti-immigrant position. However, the recent and tragic events in Nice, France, have left these gentlemen with a Convention stage set for telling attendees (and the world) why isolationism is good and why terrorism is linked to immigration. Once again, as immigration and nationality lawyers, we need continue to work hard to educate everyone about the fact that "immigration is immigration" and "terrorism is terrorism". The educated position is that immigrants  are not terrorists. It is counter-productive to mix these two issues.

The transfer to the U.S. of skilled immigrants adds value to our nation's economy. The U.S. continues to be strong because of its diversity - "we are a Nation of immigrants". The Trump-Pence ticket is likely to be talking a great deal about "National Security". Increasing ways to realign and embrace new technologies to ensure National Security is good for our Nation. It is critical to our ability to "wage war on terrorism". National Security is important to all of us. NPZ's immigration lawyers (and other immigration staff) continue to see backlogs at many U.S. Consulate Offices abroad - a process called 221G Administrative Processing. We remind our clients (and potential clients) that the U.S. Department of State has a very hard job and it is important to understand that they need time to do it. We remind those cued for Administrative Processing that "patience is a virtue".

Next week is the Democratic National Convention in Philadelphia, Pennsylvania. We will monitor the proposed immigration policies of Hillary Clinton (and her soon to be announced running mate). It is our hope that Ms. Clinton will back away from the horrific immigration laws that were implemented under her husband's Presidency. IIRAIRA1996 continues to tear families apart and makes it difficult for us, as immigration attorneys, to fix onerous and inequitable consequences thrust upon individuals already in the U.S. (often for many years).

We remind our readers, clients and potential clients that, that as immigration law professionals, we strive to find creative ways to approach "legal" immigration. While there may not be options for everyone, we work to deliver the very highest level of immigration law services for the best possible prices. If you, your friends, your family or your HR staff would like to have a consultation with a member of one of the immigration law professionals at Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. (THE VISASERVE TEAM), we encourage you to contact us for a consultation by e-mail at [email protected]  or you can feel free to call us at 201-670-0006 (x107).
AUGUST 2016 VISA BULLETIN UPDATES: CUT-OFF DATES IMPOSED ON EB-1 INDIA AND CHINA AND EB-4 INDIA PREFERENCE CATEGORIES. By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq. 
The Department of State (DOS) recently released the Visa Bulletin for August 2016. As was projected by the DOS earlier, the August Visa Bulletin has imposed a cut-off date of January 1, 2010, for the EB-1 preference category for both India and China. Additionally, the Visa Bulletin has imposed a cut-off date of January 1, 2010, for the EB-4 preference category for India.

With regard to the imposition of the EB-1 cut-off dates for India and China, the DOS had advised in the July Visa Bulletin that it would be necessary to impose a date for these two countries no later than September. The continued high level of demand for EB-1 visa numbers for USCIS adjustment of status applicants has required the establishment of a cut-off date for August 2016. This has been done in an attempt to hold number use within the Worldwide EB-1 annual limit. As projected by the DOS, The EB-1 date for these two countries will once again become Current starting October, the first month of fiscal year 2017. 

READ MORE . . .

TPS RENEWAL: USCIS ANNOUNCES TEMPORARY PROTECTED STATUS EXTENSION FOR EL SALVADOR.
On July 8th, 2016, Secretary of Homeland Security Jeh Johnson announced the extension of  Temporary Protected Status (TPS) for eligible nationals of El Salvador (and those without nationality who last habitually resided in El Salvador) for an additional 18 months, effective September 10th, 2016 , through March 9th, 2018 . This signals that Human Resources Managers and Staff should be sure that their I-9 Employment Eligibility Forms are up-to-date for these eligible employees.  
 
Current TPS El Salvador beneficiaries who want to extend their TPS must re-register during the 60-day re-registration period that runs from July 8th, 2016, through September 6th, 2016 . U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins. The 18-month extension allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Those who re-register during the 60-day period and request a new EAD will receive one with an expiration date of March 9th, 2018 . 
 
H-1B PROFESSIONAL AND SPECIALTY OCCUPATION VISA UPDATES: USCIS RETURNS UNSELECTED FISCAL YEAR 2017 H-1B CAP-SUBJECT PETITIONS.
On July 8th, 2016, the USCIS announced that it has returned all fiscal year 2017 H-1B cap-subject petitions that were not selected in computer-generated random selection process. USCIS  previously announced  on May 2nd, 2016, that it completed data entry of all selected cap-subject petitions. If you submitted an H-1B cap-subject petition between April 1st and April 7th, 2016 and have not received a receipt notice or a returned petition by July 22nd, 2016 , you may  contact USCIS  for assistance. 
 
CBP NOTICE: EXPANSION OF GLOBAL ENTRY ELIGIBILITY TO ALL CITIZENS OF THE UNITED KINGDOM.   
CBP announced the expansion of Global Entry eligibility to all citizens of the United Kingdom effective from July 12th, 2016. U.S. Customs and Border Protection (CBP) has established the Global Entry international trusted traveler program at most major U.S. airports. Global Entry allows pre-approved participants dedicated CBP processing into the United States using Global Entry kiosks located at designated airports.

Global Entry eligibility will be expanded to British citizens on July 12th, 2016. Applications will be accepted beginning July 12th, 2016. Additionally, CBP released document announces that certain U.S. citizens may apply for membership in Registered Traveler, the United Kingdom's registered traveler program.
 
 
ASYLUM CASE UPDATES: KNOW YOUR RIGHTS INFORMATION FOR ASYLUM SEEKERS.
To help families and individuals who recently entered the United States seeking refuge from violence and persecution, AILA offers information in English and Spanish on rights and responsibilities throughout the asylum process. 


***THIS INFORMATION IS PROVIDED COURTESY OF AILA - of which David Nachman, Esq., one of the Managing Attorneys at NPZ Law Group, is an AILA Mentor, a Former State of New Jersey AILA Chapter Chair and a former Member of the AILA National Business Immigration Committee.
MORE ABOUT ASYLUM: AFFIRMATIVE ASYLUM SCHEDULING BULLETIN.   
USCIS' Affirmative Asylum Scheduling Bulletin as of July 7th, 2016. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.  On December 26th, 2014, USCIS began prioritizing asylum applications for interview scheduling as follows:
 
1) Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant's request or the needs of USCIS; and  
 
2) Applications filed by children; and
 
3) All other pending affirmative asylum applications in the order they were received, with oldest cases scheduled first. 
 
SE HABLA ESPANOL - OUR STAFF SPEAKS SPANISH AND MANY OTHER LANGUAGES.
La Ley de Asignaciones Consolidadas de 2016 (Ley Pública 114-113), promulgada por el presidente Obama el 18 de diciembre de 2015, aumentó las tarifas para ciertos peticionarios H-1B y L-1. Se requiere que estos peticionarios presenten un cargo adicional de $ 4,000 para ciertas peticiones H-1B y $4.500 para ciertas peticiones L-1A y L-1B presentadas a partir del 18 de diciembre de 2015.

La tasa adicional se mantendrá en vigor hasta el 30 de septiembre del año 2025. El Servicio de Ciudadanía e Inmigración de los Estados Unidos (USCIS) ha instruido a los empleadores a pagar la cuota adicional utilizando un cheque por separado a nombre del Departamento de Seguridad Nacional.

 

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

IMMIGRATION OPTIONS FOR VICTIMS OF CERTAIN CRIMES: CONSIDER IF YOU QUALIFY FOR THE U NONIMMIGRANT VISA.     

 
   
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. 
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
TRANSFER OF FOREIGN WORKERS: L-1A vs. L-1B NONIMMIGRANT INTRACOMPANY WORK VISAS.     
 
 
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 nonimmigrant 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.