Dear Reader:

The Department of Labor (DOL) wage rule for immigrants and H-1B visa holders faces an uncertain future as the Biden Administration appears to be moving this policy guidance to the backburner. The proposed rule that attempted to alter the way the U.S. government defines prevailing wages for H-1B professionals and employment-based green card applicants was initially contested and now appears to be a lower priority. In a quest for global talent, the Administration continues to undermine the significance of attracting global talent to bolster our economy and technological competitiveness, This is especially interesting when measured against the recent initiatives of the Canadian government to open its doors to H-1B "digital nomads" and to avail itself of the "worldwide brain drain". 

USCIS recently updated its policy guidance on eligibility for Employment Authorization Documents (EADs) in compelling circumstances. To be eligible, an applicant must meet several requirements, including approved I-140 form, valid nonimmigrant status, and no adjustment of status application yet filed. "Compelling circumstances" can include serious illness, employer disputes, or substantial harm. Evidence such as long-term residency records help demonstrate such circumstances. For detailed guidance please check out NPZ Law Firm’s recent blog post. 

Please feel free to contact the immigration and nationality lawyers at the NPZ Law Group by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (extensions 104 or 204). At VISASERVE - NPZ Law Group, our US and Canadian immigration and nationality lawyers are eager to assist you, your friends, colleagues, and family members with any complex immigration and nationality law matters. We pride ourselves on providing rapid and personalized service to our clients.

POSITIVE CHANGES FOR GREEN CARD APPLICANTS: A NEW DAWN FOR AOS FILERS.

Green card applicants have always had to walk a delicate line during the Adjustment of Status (AOS) process, especially concerning the limitations on international travel. AOS filers have previously been unable to travel abroad without an Advance Parole, a stipulation that was added during the Trump Administration and posed significant challenges to applicants wishing to visit their home countries. Today, we bring you a beacon of hope as potential policy changes loom on the horizon.

To read more, please click here . . .

UNVEILING THE UPDATED USCIS POLICY GUIDANCE: AN OVERVIEW OF THE ELIGIBILITY CRITERIA FOR EADS UNDER COMPELLING CIRCUMSTANCES.

Today, the U.S. Citizenship and Immigration Services (USCIS) announced its latest policy guidance pertaining to the eligibility criteria for the initial and renewal applications of employment authorization documents (EADs) under compelling circumstances. This development is grounded in existing regulatory requirements, as stipulated at 8 CFR 204.5(p).

To read more, please click here . . .

NEED TO TRANSFER KEY PERSONNEL FROM ABROAD TO YOUR U.S. OFFICE?

The L visa is a perfect fit for multinational corporations seeking to temporarily relocate their key employees. 

L-1A Visa: Ideal for intracompany transferees in managerial or executive positions. The employee must have served the foreign employer for at least a year in the last three in an executive or managerial capacity and be set to provide similar services in the U.S.

To read more, please click here . . .

NAVIGATING THE SIMULTANEOUS FILING OF I-130 PETITION AND I-485 ADJUSTMENT APPLICATION: WHAT TO EXPECT AT YOUR MARRIAGE INTERVIEW.

In family immigration law, one topic that surfaces frequently is the simultaneous filing of the I-130 petition for an immigrant relative and the I-485 adjustment application. As a managing attorney at Nachman Phulwani Zimovcak Law Group, I aim to help you understand what this process entails and what to expect during your marriage interview.

To read more, please click here . . .

US NONIMMIGRANT VISA APPLICATION FEES TO RISE FROM JUNE 17, 2023.

The US Department of State has announced an increase in the nonimmigrant visa (NIV) application processing fees, effective from June 17, 2023. The fees for business or tourist visas (B1/B2s and BCCs), student, and exchange visitor visas (F, M, and J visas) will increase from $160 to $185. Fees for temporary worker visas (H, L, O, P, Q, R categories) will rise from $190 to $205, while those for treaty traders, investors, and specialty occupation applicants (nonimmigrant E category) will go up from $205 to $315.

To read more, please click here . . .

DHS REINSTATES AND EXTENDS TEMPORARY PROTECTED STATUS FOR EL SALVADOR, HONDURAS, NEPAL, AND NICARAGUA.

The Department of Homeland Security (DHS) has reversed a decision by the previous administration to terminate Temporary Protected Status (TPS) designations for El Salvador, Honduras, Nepal, and Nicaragua. The TPS designations for these countries have now been extended by 18 months. This decision is relevant to ongoing litigation challenging the earlier termination of the designations. DHS will continue to monitor global conditions to determine if new TPS designations are required.

To read more, please click here . . .

DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR JULY 2023 - IF YOUR "PRIORITY DATE" IS CURRENT, PLEASE LET US KNOW?

The Visa Bulletin shows no movement in EB1 and EB2 categories; cutoffs for India and China remain unchanged. EB3 sees a significant retrogression for India to January 1, 2009, with minor changes for other countries. EB3 Other Workers also retrogresses for India, with other countries stable. EB4 and EB5 categories remain unchanged with previous cutoff dates for all countries. No expected relief in EB3 until October 2023.

To view the current cutoff dates for each visa preference category and country of chargeability, please click here to access two charts provided by the U.S. Department of State's monthly visa bulletin.

CANADA LAUNCHES TECH TALENT STRATEGY: NEW OPEN WORK PERMIT FOR U.S. H-1B VISA HOLDERS & INNOVATION STREAMS.

OTTAWA, June 28, 2023 - Canada's Immigration Minister Sean Fraser announced Canada’s first-ever Tech Talent Strategy aimed at attracting more global tech talent to Canada.

To read more, please click here . . .

June 27, 2023, Ottawa - Temporary foreign workers in Canada, every year, contribute to the nation's prosperity with their unique skills. Not only do they aid in economic growth, but they also help in bridging the labor market gaps. Unfortunately, despite their significant role, these foreign workers often encounter obstacles when trying to enrol in programs to enhance their skills and open new opportunities.

To read more, please click here . . .

USCIS UPDATES ON EAD FOR F-1 INTERNATIONAL STUDENTS & NEW US IMMIGRATION LAW POLICIES. (AUDIO)

In this podcast, Snehal Batra, Esq. discusses recent updates from the United States Citizenship and Immigration Services (USCIS), focusing primarily on the EAD (Employment Authorization Document) process for F-1 international students. They cover the introduction of premium processing for F-1 students filing for Optional Practical Training (OPT), as well as potential extensions for STEM students. They also highlight a policy shift concerning how immigration will evaluate an employer's ability to pay the prevailing wage, potentially benefiting both employers and applicants. If you're a student seeking an EAD or looking for assistance with your immigration process, this comprehensive discussion may provide valuable insights.

ADJUSTMENT OF STATUS VS CONSULAR PROCESSING: WHICH IS BEST FOR YOU? (AUDIO)

In this episode, immigration attorney David Nachman discusses the differences between Adjustment of Status and Consular Processing for obtaining a green card in the US. He explains benefits and drawbacks of each process and provides valuable insights to help listeners decide which approach is best for their situation. Whether you are already in the US or planning to immigrate from abroad, this episode will give you the information you need to make an informed decision about your green card application. Listen now to learn more!