U.S. IMMIGRATION NEWS AND UPDATES - H-1B MASTER'S CAP, H-1B FILING SEASON, I-9 FORM UPDATES, FAMILY IMMIGRANT VISA, SCALIA PASSING IMPACTS DACA & DAPA, ETC.

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Nachman Phulwani Zimovcak (NPZ) Law
Group, P.C. - U.S. and Canadian Immigration
and Nationality Newsletter and Update.
In This Issue:
NOT EVERY MASTER'S
DEGREE FROM A
UNITED STATES
COLLEGE OR
UNIVERSITY
QUALIFIES A FOREIGN
NATIONAL FOR THE H-
1B MASTER'S CAP.
H-1B FILING SEASON
(FOR THE 2016
DEADLINE ON APRIL
1ST) GETS INTO FULL-
SWING FOR H-1B
EMPLOYERS AND
PROSPECTIVE H-1B
EMPLOYEES.
TIS THE SEASON TO
BE JOLLY AND TIS
Dear Readers:
As we sat down to prepare our Middle-of-the-Month E-zine, we
thought we were just going to be writing about the "big push" to
prepare H-1B nonimmigrant worker visas for professional and
specialty occupation workers for the April 1st filing deadline. We
also thought that we would have no new updates about the
DACA II and the DAPA programs. We also thought that we
would have no news about the STEM extension litigation in the
WASHTECH case.
Well, the world continues to be a changing place and the
immigration and nationality law office of Nachman Phulwani
Zimovcak (NPZ) Law Group, P.C. continues to monitor each of
the aforementioned U.S. immigration news items with great
interest as to how the changing environment impacts our
clients, their friends and the greater U.S. immigrant community.

2. ALMOST 2017 H-1B
SEASON.
PROPOSED CHANGES
TO THE WORKSITE
ENFORCEMENT
ARENA AND
EMPLOYMENT
VERIFICATION (I-9
FORM) PROCESS:
WHAT HR MANAGERS
AND PROFESSIONALS
NEED TO KNOW TO
"RING-IN" THE NEW
2016 YEAR!
THE MARCH 2016 VISA
BULLETIN: DOS
REPORTS MARCH 2016
VISA NUMBERS - IS
YOUR PRIORITY DATE
CURRENT?
BASIC REQUIREMENT
TO FILE H-1B VISA.
FAMILY-BASED
IMMIGRANT VISA |
SPONSORING
MARRIED SON OR
DAUGHTER OF A U.S.
CITIZEN PARENTS.
SUPREME COURT
AGREES TO ACT ON
PRESIDENT'S
EXPANDED DACA AND
ON DAPA - IMPACT OF
JUSTICE SCALIA'S
PASSING?
*******
Quick Links
SEARCH OUR
SITE
THIS MONTH'S
VISA BULLETIN
As we prepare H-1B visas we continue to find that prospective
H-1B employers require a great deal of hand-holding with
regard to their potential obligations to the H-1B nonimmigrant.
NPZ continues to educate prospective H-1B employers about
the importance of properly maintaining Public Access File
(PAFs) and the possibility for Site Visits. Also, employers need
to be reminded about the no-benching provisions and the return
transportation obligations. Also, and now more salient than
ever, employers need to be reminded that H-1B stamps can
take a great deal of time at U.S. Consulate Offices abroad
given the abundance of 221G Administrative Processing holds.
By now the passing of Justice Antonin Scalia may be old news.
While many do not agree with the very conservative views of
Judge Scalia, all would agree that his brilliant legal reasoning
and quick-wit will be sorely missed on the U.S. Supreme Court.
Now the issue becomes . . . how Judge Scalia's recent passing
may impact the impending DACA II and DACA arguments
before the Court. The political pundits are at work and as the
projections unfold, we will continue to try to bring our readers
developing updates.
We remind our readers that we are U.S. and Canadian
immigration and nationality lawyers. If we can assist you, your
friends, or your families with regard to any U.S. or Canadian
immigration law issues, please feel free to contact us at
info@visaserve.com or you can call us at 201-670-0006
(x104).
NOT EVERY MASTER'S DEGREE FROM A UNITED
STATES COLLEGE OR UNIVERSITY QUALIFIES A
FOREIGN NATIONAL FOR THE H-1B MASTER'S CAP.
Many foreign nationals holding an F-1
nonimmigrant status in the United States,
especially those who are engaged in
Optional Practical Training (OPT), often
intend to change their nonimmigrant
status to become a professional specialty workers (H-1B
workers). Most foreign nationals seeking H-1B nonimmigrant
classification are subject to the 58,200 annual cap. There are
an additional 20,000 H-1B visas which are reserved specifically
for foreign nationals who receive a master's degree (or a higher
degree) from a United States college or university.

3. THE VISASERVE
BLOG
ENTERTAINMENT
IMMIGRATION
UPCOMING
EVENTS
CIS CASE
STATUS
CIS PROCESSING
TIMES
DOL
PROCESSING
TIMES
SCHEDULE AN
INFOPASS
APPOINTMENT
CBP BORDER
WAIT TIMES
BORDER WAIT
TIMES
Immigration practitioners, F-1 students, and prospective H-1B
employers should note that not every master's degree from a
United States college or university qualifies a foreign national
for the additional 20,000 H-1B visas under the H-1B "master's
cap". For an individual to qualify under the master's cap, a few
criteria need to be met.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
H-1B FILING SEASON (FOR THE 2016 DEADLINE
O N APRIL 1ST) GETS INTO FULL-SWING FOR H-1B
EMPLOYERS AND PROSPECTIVE H-1B EMPLOYEES.
Based on the current predictions, the U.S. economy will
rebound after 2015's growth rate of 2.1%. What does this mean
for the immigration practitioners, professionals, and prospective
H-1B employers and employees? Assuming that the economy
performs as projected, it is highly-likely that we will once again,
as we did in 2015, witness the H-1B lottery (technically referred
to as "Random Selection Process") in April 2016. To better
prepare for the H-1B cap, this article endeavors to summarize
a few practice pointers which every prospective H-1B employer
and employee should know.
TO READ MORE, PLEASE CLICK HERE . . .
TIS THE SEASON TO BE JOLLY AND TIS ALMOST
2016-2017 H-1B SEASON.
As a reminder to all U.S. employers, H-1B season is almost
here! United States Citizenship & Immigration Services
("USCIS") will start accepting new H-1B petitions for fiscal year
2017 on Friday, April 1st, 2016. As such, employers should
start immediately identifying current and future employees who
will require sponsorship for new H-1B petitions.
By way of background, the USCIS issues H-1B visas to foreign
workers serving in "specialty occupations at a professional
level." A specialty occupation requires theoretical and practical
application of a body of highly specialized knowledge, to be
performed by a worker with at least the equivalent of bachelor's
degree in the field. Both the position to be filled and the foreign
worker's qualifications must meet the criteria for a specialty

4. - - - - - - - - - - - -
:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
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
occupation.
TO READ MORE, PLEASE CLICK HERE . . .
PROPOSED CHANGES TO THE WORKSITE
ENFORCEMENT ARENA AND EMPLOYMENT
VERIFICATION (I-9 FORM) PROCESS: WHAT HR
MANAGERS AND PROFESSIONALS NEED TO KNOW
TO "RING-IN" THE NEW 2016 YEAR!
At the end of 2015 there were two (2) important developments
in the workplace enforcement arena that will be of great interest
to Human Resources Managers and Professionals and other
HR staff. First, a special memorandum was issued jointly by
the U.S. Department of Homeland Security ("DHS") and U.S.
Department of Justice ("DOJ") with regard to conducting
internal I-9 Form audits. Second, a recent release from the
DHS discusses the status of a new I-9 Form that DHS
submitted for notice and comment.
On December 16th, 2015, DHS and DOJ jointly issued new
guidance for employers about how to conduct internal I-9 Form
audits. Oftentimes this process is referred to as the I-9 Form
"self-audit" process. Self-audits remain instrumental as a
methodology available for any employer seeking to minimize
financial penalties due to incorrect or deficient I-9 Forms and to
reduce the likelihood that the employer has inadvertently hired
an unauthorized worker in contravention of the provisions of the
Immigration Reform and Control Act of 1986 (as amended).
TO READ MORE, PLEASE CLICK HERE . . .
THE MARCH 2016 VISA BULLETIN: DOS REPORTS
MARCH 2016 VISA NUMBERS - IS YOUR PRIORITY
DATE CURRENT? IF SO, PLEASE LET US KNOW.
The U.S. Department of State (DOS) March 2016 Visa Bulletin
shows advancement in the employment-based third preference
(EB-3) worldwide category.
The final action (FA) cutoff date in the employment-based
second preference category for India also advances, but at a
slower pace than in recent months. The EB-1 and EB-4

5. VIRTUAL PRESENCE
IN CHICAGO AND
BOSTON.
INDIA AFFILIATED
OFFICES:
Kaival Chalishazar,
Adv.
Kaival Chalishazar &
Co.
22 Vasant Kunj
New Sharda Mandir
Road, Paldi,
Ahmedabad 380007,
India
ATT: Call Kaival at
x130
(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.
- - - - - - - - - - -
Law Office of Michael
Phulwani
F603 Remi Biz Court
Veera Desai Road
Andheri West
Mumbai 400 053, India
ATT: Ask for Sangeeta
categories remain current in the March 2016 Visa Bulletin. DOS
predicts that EB-1 will remain current in upcoming months.
Read More . . .
FOR MORE INFORMATION, PLEASE CLICK HERE . . .
"IMMIGRATION NEWS AND VIEWS" - NPZ'S
NEW PRACTICAL SERIES ON YOUTUBE
ABOUT VARIOUS U.S. AND CANADIAN
IMMIGRATION LAW ISSUES.
BASIC REQUIREMENT TO FILE H-1B VISA.
The H-1B is a non-immigrant visa in the United States under
the Immigration and Nationality Act, section 101(a)(15)(H). It allows
U.S. employers to temporarily employ foreign workers in specialty
occupations. If a foreign worker in H-1B status quits or is dismissed
from the sponsoring employer, the worker must either apply for and be
granted a change of status to another non-immigrant status, find
another employer (subject to application for adjustment of status and/or
change of visa), or leave the U.S.
The regulations define a "specialty occupation" as requiring theoretical
and practical application of a body of highly specialized knowledge in a
field of human endeavor[1] including but not limited to biotechnology,
chemistry, architecture, engineering, mathematics, physical sciences,
social sciences, medicine and health, education, law, accounting,
business specialties, theology, and the arts, and requiring the
attainment of a bachelor's degree or its equivalent as a
minimum[2] (with the exception of fashion models, who must be "of
distinguished merit and ability").[3] Likewise, the foreign worker must
possess at least a bachelor's degree or its equivalent and state

6. licensure, if required to practice in that field. H-1B work-authorization is
strictly limited to employment by the sponsoring employer.
FAMILY BASED IMMIGRANT VISA - SPONSORING
MARRIED SON OR DAUGHTER OF A U.S. CITIZEN
PARENTS. DOES MARRIAGE CHANGE A CASE?
Two groups of family based immigrant visa categories,
including immediate relatives and family preference categories,
are provided under the provisions of United States immigration
law, specifically the Immigration and Nationality Act (INA).
Immediate Relative Immigrant Visas (Unlimited): These visa
types are based on a close family relationship with a United
States (U.S.) citizen described as an Immediate Relative (IR).
The number of immigrants in these categories is not limited
each fiscal year. Immediate relative visa types include:
IR-1: Spouse of a U.S. Citizen - Learn More
IR-2: Unmarried Child Under 21 Years of Age of a U.S.
Citizen
IR-3: Orphan adopted abroad by a U.S. Citizen - Learn
More
IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
- Learn More
IR-5: Parent of a U.S. Citizen who is at least 21 years old
Family Preference Immigrant Visas (Limited): These visa types
are for specific, more distant, family relationships with a U.S.
citizen and some specified relationships with a Lawful
Permanent Resident (LPR). There are fiscal year numerical
limitations on family preference immigrants, shown at the end
of each category. The family preference categories are:

7. Family First Preference (F1): Unmarried sons and
daughters of U.S. citizens, and their minor children, if
any. (23,400)
Family Second Preference (F2): Spouses, minor
children, and unmarried sons and daughters (age 21 and
over) of LPRs. At least seventy-seven percent of all
visas available for this category will go to the spouses
and children; the remainder is allocated to unmarried
sons and daughters. (114,200)
Family Third Preference (F3): Married sons and
daughters of U.S. citizens, and their spouses and minor
children. (23,400)
Family Fourth Preference (F4): Brothers and sisters of
U.S. citizens, and their spouses and minor children,
provided the U.S. citizens are at least 21 years of age.
(65,000)
Note: Grandparents, aunts, uncles, in-laws, and cousins cannot
sponsor a relative for immigration.
THE U.S. SUPREME COURT AGREES TO ACT ON
PRESIDENT'S EXPANDED DACA AND ON DAPA -
WHAT IS THE IMPACT OF JUSTICE SCALIA'S
RECENT PASSING (SEE BELOW)?
With Scalia's passing, the Supreme Court now has eight
judges, though cases will still be reviewed. If the court is split 4-
4, then the decision from the previous lower court stands. So, if
the Supreme Court decision is a tie, then the U.S. Court of
Appeals for the Fifth Circuit's decision, which supports Judge
Hanen's ruling, would reinforce the pause of DAPA and

8. DACA's expansion.
With Scalia absent, the court has four consistent liberal-leaning
justices -- Ruth Bader Ginsburg, Stephen G. Breyer, Sonia
Sotomayor and Elena Kagan -- and three conservative-leaning
justices -- Chief Justice John G. Roberts Jr. and Justices
Clarence Thomas and Samuel A. Alito Jr. Justice Anthony
Kennedy has regularly joined both sides in the past. For the
DAPA and DACA expansion case, the attention will be on
Justices Roberts and Kennedy, as both have previously given
the Obama administration victories on the Affordable Care Act
and same-sex marriage cases.