The big political question now is whether the U.S. Department of Homeland Security (DHS) will receive funding from Congress beyond February, 2015. Many of our readers continue to send queries about the future viability of DAPA, DACA and future of President Obama's other Executive Action Immigration Relief(s) that were announced in November, 2014. Even with the Court decision out of Texas (see the story below), we continue to to remain cautiously optimistic but feel comforted by the fact that, historically, no Executive Action Relief(s) has been taken off-line. DACA extensions were set to be filed on February 18th but have been delayed. We still anticipate DAPA cases will be filed in the Spring and we are working with our clients and others to prepare document for the May filing date for DAPA.
Of course, preparation of H-1B nonimmigrant visas for our clients and their professional and specialty occupation employee staff for the April 1st deadline continues. On April 1st, U.S. employers will file H-1B cap cases seeking October 1st 2015 start dates for professional and specialty occupation staff. Last year, because the demand for the H-1B nonimmigrant visa was so high, there was a "lottery". About three (3) H-1B petitions were filed for every one (1) spot available. We anticipate about the same demand (if not more) for this fiscal year.
IMMIGRATION NEWS AND UPDATES - NPZ Law Group, P. C. (Feb 15th, 2015)
1. http://archive.constantcontact.com/fs147/1011188341227/archive/1120105126120.html[2/26/2015 11:35:22 AM]
Nachman Phulwani Zimovcak (NPZ) Law Group,
P.C. - U.S. and Canadian Immigration and
Nationality Newsletter and Update.
In This Issue:
UPCOMING EVENTS
OF THE IMMIGRATION
AND NATIONALITY
LAWYERS AND
ATTORNEYS OF THE
NPZ LAW GROUP.
AND THE BEAT GOES
ON - STAY TUNED:
DISTRICT COURT
RULING TEMPORARY
HALTED ACTION ON
DACA & DAPA - WHAT
ARE THE PROSPECTS
FOR DAPA AND DACA
FOR THE FUTURE?
HOW MUCH
PROSPECTIVE H-1B
EMPLOYERS NEED TO
PAY TO H-1B
EMPLOYEES AND
WHY THE PREVAILING
WAGE IS IMPORTANT.
DHS TO BOOST
BUSINESS
IMMIGRATION
THROUGH THE
"KNOWN EMPLOYER
PROGRAM".
CBP PREMIERES NEW
WELCOME VIDEOS
FOR INTERNATIONAL
Dear Readers:
HAPPY CHINESE NEW YEAR!
The big political question now is whether the U.S. Department of
Homeland Security (DHS) will receive funding from Congress
beyond February, 2015. Many of our readers continue to send
queries about the future viability of DAPA, DACA and future of
President Obama's other Executive Action Immigration Relief(s)
that were announced in November, 2014. Even with the Court
decision out of Texas (see the story below), we continue to to
remain cautiously optimistic but feel comforted by the fact
that, historically, no Executive Action Relief(s) has been taken off-
line. DACA extensions were set to be filed on February 18th but
have been delayed. We still anticipate DAPA cases will be filed in
the Spring and we are working with our clients and others to
prepare document for the May filing date for DAPA.
Of course, preparation of H-1B nonimmigrant visas for our clients
and their professional and specialty occupation employee staff for
the April 1st deadline continues. On April 1st, U.S. employers will
file H-1B cap cases seeking October 1st 2015 start dates for
professional and specialty occupation staff. Last year, because the
demand for the H-1B nonimmigrant visa was so high, there was a
"lottery". About three (3) H-1B petitions were filed for every one
(1) spot available. We anticipate about the same demand (if not
more) for this fiscal year.
We continue to closely monitor what is happening on Capitol Hill.
An immigration system that works for the U.S. would strengthen
national security while making the economy healthier. We continue
to urge Congress and the President to put the U.S. economy first
and fix our broken immigration system. The U.S. is a nation of
2. http://archive.constantcontact.com/fs147/1011188341227/archive/1120105126120.html[2/26/2015 11:35:22 AM]
TRAVELERS.
H-1B NONIMMIGRANT
PROFESSIONAL AND
SPECIALTY
OCCUPATION WORK
VISA FILING TIPS FOR
APRIL 1ST, 2015
U.S. DEPARTMENT OF
STATE RELEASES
THE VISA BULLETIN
FOR MARCH 2015: IS
YOUR PRIORITY DATE
CURRENT YET?
SE HABLA ESPANOL:
PRESENTAR UNA
PETICIÓN H-1B EL 1
DE ABRIL: ¿QUÉ
NECESITAN SABER
LOS POTENCIALES
EMPLEADORES Y LOS
EMPLEADOS H-1B?
[PARTE I] Por: Michael
Phulwani, Esq, David H.
Nachman, Esq, y
Rabindra K. Singh, Esq
PRESIDENT OBAMA'S
EXECUTIVE ACTIONS -
DACA, DAPA AND
PROVISIONAL WAIVER
EXPANSION - WHAT
DOES THE FUTURE
HOLD? IS THE
FEDERAL COURT IN
TEXAS GOING TO
MAKE A DIFFERENCE?
WE THINK NOT. IT
WILL ONLY SLOW THE
INEVITABLE!
ELIGIBILITY FOR DACA
AND DAPA WITH
CRIMINAL
CONVICTIONS AND
DEPORTATION
PROCEEDINGS |
FILING IMMIGRATION
MARRIAGE CASES -
SOME NUANCES TO
CONSIDER.
UPCOMING EVENT
WHAT HR
MANAGERS NEED
TO KNOW TO
immigrants, but many seem to have forgotten - or maybe just don't
understand - how critical a vibrant immigrant community and a
working immigration system are to the economic well-being of the
U.S.
Immigration creates businesses. The Partnership for a New
American Economy estimates that immigrants are nearly 50 percent
more likely to start a business than native-born workers. These
businesses create jobs and bring more customers into the supply
chain, which in-turn generates more revenue for local governments
and resources for communities. It is important to note that
immigrants founded more than 40 percent of U.S. Fortune 500
companies - turning their American dreams into American
jobs. That is just one reason why highly-skilled immigrants are so
critical to growth. Today, there is a global competition for talent,
and we cannot afford to lose out to other nations.
Creating an immigration system that reflects the realities of today's
economy needs to start with strong, meaningful reform that secures
our borders, protects our citizens, enforces our laws and helps our
economy grow. The right reforms include improving U.S.
technological capability to enforce immigration laws, such as
resources for border security and an E-Verify system for U.S.
employers; welcoming legal immigrant workers to contribute to
U.S. economic growth and job creation by increasing visas for
higher-skilled workers and establishing a system for lower-skilled
workers; and developing a process for undocumented immigrants
already residing in the U.S. to come forward, undergo background
checks, pay a penalty and earn legal status.
For more information about DAPA, DACA or President Obama's
Administrative Relief, H-1B nonimmigrant visas for an April
1st filing date, or any other U.S. or Canadian business or family-
based immigration law matter(s), please feel free to contact any of
the immigration lawyers or immigration attorneys at the Nachman
Phulwani Zimovcak (NPZ) Law Group, P.C. by e-mailing us
at info@visaserve.com or by calling our office at 201-670-
0006 (x107).
AND THE BEAT GOES ON - STAY TUNED: DISTRICT
COURT RULING TEMPORARY HALTED ACTION ON
DACA & DAPA - PRESIDENT OBAMA'S
IMMIGRATION ACTION.
A Federal Judge in Texas has temporarily blocked President
Barack Obama's executive action on immigration, which has
drawn opposition from 26 states across the nation. The
Federal Judge in Texas has issued an injunction temporarily
blocking President Barack Obama's executive action on
immigration. Are DACA and DAPA in jeopardy of being
terminated? We think not. Interesting that a Judge is doing
this. Seems like the Republican Politicians (who are anti-
immigration) are hiding behind the judiciary now. They may be
safe for the time-being but it is only a matter of time for
people to realize that this Federal Judge is a puppet for the
Radical Republican Group (that continues to spew anti-
3. http://archive.constantcontact.com/fs147/1011188341227/archive/1120105126120.html[2/26/2015 11:35:22 AM]
PROTECT
EMPLOYER'S
FROM I-9
VIOLATIONS
Where: 3/18/2015
Time:
5:30 PM to 8:00 PM
Where:
Holiday Inn
Hasbrouck Heights
283 Rt. 17 South
Hasbrouck Heights, NJ
07604
For detailed
information about
NPZ's immigration
law events, please
click here . . .
*******
Quick Links
SEARCH OUR SITE
THIS MONTH'S
VISA BULLETIN
THE VISASERVE
BLOG
ENTERTAINMENT
IMMIGRATION
UPCOMING
EVENTS
CIS CASE STATUS
CIS PROCESSING
TIMES
DOL PROCESSING
TIMES
SCHEDULE AN
INFOPASS
immigration ideals).
TO READ MORE, PLEASE CLICK HERE . . .
For more information and assistance with DACA & DAPA or Provisional
Waivers, please feel free to contact the Nachman Phulwani Zimovcak
(NPZ) Law Group, P.C. at 201-670-0006 (x107). The VISASERVE
TEAM'S U.S. immigration lawyers or attorneys can also be reached by
e-mail at info@visaserve.com or by calling TOLL FREE at 866-599-
3625. In the meantime, please be sure to check out our website at
http://www.visaserve.com for updates.
HOW MUCH PROSPECTIVE H-1B EMPLOYERS NEED
TO PAY TO H-1B EMPLOYEES AND WHY THE
PREVAILING WAGE IS IMPORTANT. By: Michael
Phulwani,Esq., David Nachman, Esq., and Rabindra K.
Singh, Esq.
Employers who seek to hire an H-1B nonimmigrant in a
specialty occupation must first make a filing with the
Department of Labor (DOL) and obtain a Labor Condition
Application (LCA). The LCA, among other things, must
specify the number of workers sought, the occupational
classification in which the H-1B will be employed, and the
wage rate and conditions under which the proposed H-1B
nonimmigrant will be employed. In addition, the employer
must attest that it is offering, and will offer, during the period
of H-1B employment the greater of: (1) the actual wage level
paid by the employer to all other individuals with similar
experience and qualifications for the specific employment in
question; OR (2) the prevailing wage level for the
occupational classification in the area of employment.
FOR DETAILED INFORMATION ON "H-1B EMPLOYEE
PREVAILING WAGE", PLEASE CLICK HERE . . .
DHS TO BOOST THE BUSINESS IMMIGRATION
THROUGH "KNOWN EMPLOYER PROGRAM."
On January 8th, 2015, the Department of Homeland Security
is considering a "Known Employer" pilot program to
streamline adjudication of certain types of employment-based
immigration benefit requests filed by eligible U.S. employers.
The "Known Employer" pilot program, which the Department
expects to commence by late-2015, is intended to make
adjudications more efficient and less costly, while reducing
paperwork and delays for both the Department and U.S.
employers who seek to employ foreign national workers.
A goal of the pilot program would be to expedite or otherwise
facilitate legitimate cross-border business travel along the
Northern border ports-of-entry, which is a bi-national
commitment under the North American Free Trade
Agreement (NAFTA) as well as the U.S.-Canada Beyond the
Border initiative.
4. http://archive.constantcontact.com/fs147/1011188341227/archive/1120105126120.html[2/26/2015 11:35:22 AM]
APPOINTMENT
CBP BORDER
WAIT TIMES
BORDER WAIT
TIMES
- - - - - - - - - - - -
:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
OUR OFFICES:
NEW JERSEY
OFFICE:
VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
NEW YORK OFFICE:
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
CBP PREMIERES NEW WELCOME VIDEOS FOR
INTERNATIONAL AIR TRAVELERS.
U.S. Customs and Border Protection welcomes more than 100 million
international air travelers to the United States each year. CBP always
tries to make sure that the travelers feel that their arrival experience is
secure, friendly and attentive.
To help to educate the public, CBP issued four videos, "Know Before
You Go," "Know Before You Visit," "You've Arrived," and "How to
Expedite Your Entry". These videos are a fresh approach to CBP's
public outreach and the video communication efforts highlight the
improved international arrivals process. These new videos will inform
visitors and citizens about CBP procedures so travelers know what to
expect prior to arriving in the United States.
TO READ MORE, PLEASE CLICK HERE . . .
GETTING READY FOR THE H-1B FILING SEASON: H-
1B NONIMMIGRANT PROFESSIONAL AND
SPECIALTY WORK VISA FILING TIPS FOR APRIL
1ST, 2015.
H-1B season is quickly approaching and numerous highly-skilled
foreign professionals who are either abroad or who are in the U.S. in
OPT are getting ready to meet the April 1st H-1B filing deadline. It is
very important at this crucial time to know some of the filing tips and
tricks so that you can be able to file the perfect H-1B.
NPZ Law Group, P.C Immigration attorneys seek to share some filing
tips for the H-1B. The guide covers various section such as LCA filing
timeline, Errors impact, filling fees and many more.
TO READ THE "H-1B FILLING TIPS", PLEASE CLICK HERE . . .
IS YOUR VISA PRIORITY DATE CURRENT? U.S.
DEPARTMENT OF STATE (DOS) RELEASES THE
VISA BULLETIN FOR MARCH 2015 - CHARLIE GIVES
US HIS OPINION - LOOKING INTO A CRYSTAL
BALL?:
The really big news in the March 2015 Visa Bulletin is the advancement
of the EB-2 India cut-off date by 16 months - from September 1st, 2005
to January 1st, 2007. Consistent with the U.S. Department of State's
(DOS) projections last month, EB-2 India has advanced much earlier
than in prior years and more dramatically than the 4 to 6 month
minimum discussed in last month's report.
The DOS is pursuing this strategy in an effort to help ensure the
adjudication of pending EB-2 India adjustment of status applications
before time sensitive materials expire, and to allow sufficient time for
applications to be processed should resources issues arise toward the
end of the fiscal year. DOS anticipates that EB-2 India will advance
further in April, though probably not as significantly as that which we
saw for March. DOS anticipates that the EB-2 India cut-off date will
likely continue to advance through this fiscal year, but at a steadier rate
5. http://archive.constantcontact.com/fs147/1011188341227/archive/1120105126120.html[2/26/2015 11:35:22 AM]
108 West 39th Street
8th Floor, Suite 800
New York, NY 10018
INDIANA OFFICE:
Indianapolis City
Center
201 North Illinois Street
16th Floor, South
Tower
Indianapolis, IN 46204
Phone: 317-936-6600
INDIA AFFILIATED
OFFICES:
22 Vasant Kunj
New Sharda Mandir
Road, Paldi,
Ahmedabad 380007,
India
- - - - - - - -
54/2515 Ashtavinayak
CHS, Gandhinagar,
Bandra (E)
Mumbai 400 051,
India
and without a huge leap forward near the end of the fiscal year as it
has in the past.
As a result of the EB-2 movement, DOS anticipates an increase in EB-3
to EB-2 upgrades and hence, more adjustment of status filings. If these
numbers are significant, the advancement of EB-2 India may slow, or
require a correction. EB-2 India remains a category to watch closely as
the fiscal year progresses.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
H-1B ARTICLE SERIES IN SPANISH (SE
HABLA ESPANOL).
PRESENTAR UNA PETICIÓN H-1B EL 1 DE ABRIL:
¿QUÉ NECESITAN SABER LOS POTENCIALES
EMPLEADORES Y LOS EMPLEADOS H-1B? [PARTE
I] Por: Michael Phulwani, Esq, David H. Nachman, Esq, y
Rabindra K. Singh, Esq.
Aunque la economía de Estados Unidos se desaceleró un
poco durante el cuarto trimestre de 2014, los informes
recientes sugieren que habrá un nuevo repunte debido al
crecimiento de empleo continuo, la confianza del consumidor
y el aumento de gastos. ¿Qué significa esto para los
profesionales de inmigración, profesionales, empleadores y
posibles empleados H-1B?
Suponiendo que la economía se lleva a cabo según lo
proyectado, es muy probable que veamos a una vez más,
como lo vimos en 2014, la lotería H-1B (técnicamente
denominado "Proceso de selección aleatorio") durante abril
del 2015. Para prepararse mejor para el límite de H-1B, este
artículo pretende resumir algunas sugerencias prácticas que
cada prospectivo empleador y empleado H-1B deben saber.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . .
.
"IMMIGRATION NEWS AND VIEWS" - NPZ'S
NEW PRACTICAL SERIES ON YOUTUBE
ABOUT VARIOUS U.S. AND CANADIAN
IMMIGRATION LAW ISSUES.
PRESIDENT OBAMA'S EXECUTIVE ACTIONS - DACA,
DAPA AND PROVISIONAL WAIVER EXPANSION.
6. http://archive.constantcontact.com/fs147/1011188341227/archive/1120105126120.html[2/26/2015 11:35:22 AM]
- Will DACA and DAPA last with Republican rule?
- Current court cases challenging Executive Action.
- Politics with Immigration between Republicans and Democrats.
- Possible bills being presented about potential immigration reform.
ELIGIBILITY FOR DACA AND DAPA WITH
CRIMINAL CONVICTIONS AND FOR CLIENTS WITH
REMOVAL/DEPORTATION PROCEEDINGS - MORE
INFORMATION ABOUT MARRIAGE CASES.
Eligibility for DACA and DAPA with criminal convictions and
removal/deportation proceedings. Removal Order impact.
- DUI's affecting DACA eligibility. Does the client have a DWI?
- FAQ's for DACA cover eligibility for removal orders and criminal
convictions. No guidelines under DAPA yet.
Recognition of marriages for immigration purposes
- Bona fides of marriage for case filings.
- Legally done according to the law of the land.
- Proofs reflecting bona fides of the marriage.
- Applications that require bona fides of documents
- Conditional residence and filing I-751.