Administrative Processing - 221g

Filing of I-751 Waiver Application NPZ LAW GROUP, P.C. Attorneys Ridgewood New Jersey

What to do about getting 2 years conditional permanent resident status when there is divorce or divorce case is still pending?

You can file Form I-751 at "any time" if you have a final order of divorce or annulment. That's true even if your conditional green card is not close to its expiration date. But what happens if you haven't yet filed for divorce or your divorce is not yet final?

FOR DETAILED INFORMATION, PLEASE CLICK HERE...

Comprehensive Immigration Reform (CIR): Parole in Place & Military Fami...

Visa Bulletin December 2013

Visa Bulletin December 2013

Visa Bulletin December 2013

H-1B SEASON IS UPON US . . . WILL THIS YEAR'S ECONOMY BRING A LOTTERY? PLANNING FOR THE H-1B VISA SEASON IS KEY TO BEING ABLE TO CONTINUE YOUR WORK AUTHORIZED STATUS IN THE U.S.

It is that time of year again! We always hear the accountants moan and groan about the approaching April 15th deadline each year but, you have to listen a bit more closely and you will hear (and see) the U.S. business immigration lawyers and attorneys manifesting their distaste for the April 1st filing date for "cap" subject H-1B professional and specialty occupation workers.

Well, here we go again . . .

On April 1st, 2014 marks the first day when prospective H-1B petitioning employers and prospective H-1B employees will be able to apply to the U.S. Department of Labor ("DOL") for and Labor Condition Application ("LCA") and Petition to the U.S. Citizenship and Immigration Services ("CIS") for H-1B visa petitions for employment in the fiscal 2014 - 2015 year ("FY 2014"). Our advice to our H-1B employer clients continues to be that they need to think about filing H-1B petitions on (or very close to) April 1st for new and existing employees who will be eligible for a first-time H-1B visa to begin their employment on or after October 1st, 2014.


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AS NOTED FROM VARIOUS PRESS SOURCES: Speaker Boehner Hires Amnesty and Open Borders Advocate to Spearhead Immigration Effort in the House. NPZ LAW GROUP, P.C. Attorneys Ridgewood New Jersey

If it wasn't already clear where the House Republican leadership stood on immigration, it is now. Recently, Speaker John Boehner announced the hiring of Rebecca Tallent to be his immigration policy advisor. Tallent was most recently the director of immigration policy for the Bipartisan Policy Center, a business oriented group promoting amnesty and massive increases in permanent and temporary immigration. Prior to that she worked for Sen. John McCain and helped draft the McCain-Kennedy amnesty bills of 2006 and 2007.

Tallent's hiring indicates that the only real difference between the Senate sell-out of American workers and taxpayers, S.744, and the approach we are likely to see taken by the House in 2014, is the number of times President Obama will be required to sign his name. It is evident that the Speaker's step-by-step approach to immigration reform does not entail waiting for empirical evidence that our borders are secure and that immigration laws are being enforced before the demands of the illegal alien and cheap labor lobbies are considered.

FOR DETAILED INFORMATION, PLEASE CLICK HERE...

H-3 Trainee: Are Trainees good for you and your business?

Religious Worker Visas: Make Sure You Know What You can and can't do

H-1B CAP CASES

STUDENT VISAS TO H-1B VISAS AND H-1B FILINGS

Student Visas to H-1B visas:

OPT (Optional Practical Training) transferring to H-1B, CAP H-1B, CAP exemption, STEM visas, Employers filing or sponsoring while on OPT (Optional Practical Training), 

H-1B Filings:

Cap Gap, EAD and working during Cap Gap, Fees paid by employers and employees, Requirements for H-1B, Education and Experience requirements, Employer or Company requirements, Prevailing Wage, LCA issues

PRACTICAL TRAINING FOR STEM STUDENTS: AN IMPORTANT STEP FOR FOREIGN STUDENTS.

All foreign students gaining a degree from U.S academic institution might get eligible for Optional Practical Training called OPT. Students obtaining Science, Technology, Engineering, and Mathematics (STEM) Degrees are eligible for STEM OPT. USCIS, on October 6th, 2013, issued a policy memorandum about OPT for students enrolled in STEM Program.

 

The purpose of this memorandum is to clarify the eligibility requirements for a 17-month extension for Post-Completion OPT for F-1 students enrolled in STEM degree programs. The memorandum states that F-1 students engaging in post-completion OPT are eligible for a 17-month STEM extension even if they have not yet completed the thesis requirement (or equivalent) for their STEM degree.

FOR DETAILED INFORMATION, PLEASE CLICK HERE...

Deferred Action for Childhood Arrivals (DACA): Many Pray it is Here to Stay.

It is time to clear-up misconceptions about Deferred Action for Childhood Arrivals (DACA). It is not true that individuals must be under 31 to be eligible for DACA. Any individual born after June 15, 1981 is within-and shall remain within-DACA's age requirements. Only individuals who were 31 years old or older on June 15, 2012 are ineligible for DACA.

The age requirements apply to initial applications as well as renewals. One of the only things we do know about renewals is that no one will age out. Thus, there currently are individuals in their early thirties who are eligible for DACA, and assuming the program continues on, over time, greater numbers of DACA recipients will be over 31.  

However, like a great deal of information in the immigration law arena, some articles and mistakenly claim that people over 30 or 31 don't qualify-this gets the age ceiling wrong and also implies that individuals can age out of eligibility.

TO READ MORE, PLEASE CLICK HERE...

Is my marriage a "valid marriage" for U.S. immigration purposes?

The validity of a marriage under the U.S. immigration laws frequently determines whether a foreign national may be able to obtain a family-based immigrant or nonimmigrant visa, legalize unlawful status, or file waiver of inadmissibility or deportability. The Immigration and Nationality Act (INA), the basic body of U.S. immigration laws, does not define the term "marriage". Although INA defines the term "spouse", it limits the definition to what may be excluded as unconsummated proxy marriage. Through the definition of the term "spouse" it can be inferred that a marriage, in order to be valid for immigration purposes, must be celebrated in the presence of both parties unless consummated. Although the INA does not specifically define the terms "marriage" and "spouse," it does now lays down the threshold requirement for the validity of marriage -- marriage be valid where celebrated.

Although the INA does not either define "marriage" or lay down a framework for analyzing marriages valid for U.S. immigration purpose, the same can be gleaned through the interpretation of the case law. This framework has been consistently applied by the U.S. Attorneys General, the Board of Immigration Appeals (BIA), immigration officials, and most federal courts to determine the validity of marriage under the INA. The same framework has been laid down in the Department of State's Foreign Affairs Manual. The framework for analyzing the validity of any marriage for U.S. immigration purposes consists of the following three components: (1) Laws of the place where the marriage took place or was celebrated; (2) Laws of the State of residence or proposed State of residence in the United States; and (3) bona fides of the marriage for immigration purposes. The marriage to be valid under the U.S. immigration laws needs to satisfy all three components.

FOR DETAILED INFORMATION, PLEASE CLICK HERE...

"VISA OVERSTAYS" HAS REAL MEANING IN WORLD OF IMMIGRATION.

Policymakers are calling for a solution to address those who have "overstayed their visas." However, the label of "visa overstays" is widely misused and misunderstood. The reality is that identifying visa overstays is an ambiguous, difficult task, a fact often overlooked in these debates.

Family members visiting their relatives, tourists and business travelers, and students frequently overstay their visas. Additionally, military spouses regularly enter and overstay their visas in order to adjust status, often due to well-meaning but erroneous advice.

FOR DETAILED INFORMATION, PLEASE CLICK HERE...

H-1B Audits

H-1B AUDITS

The USDOL audit procedure begins with the receipt of a letter from the USDOL Wage and Hour Division addressed to a specific person in the company's management requesting the production of certain documents relating to H-1B visas filed by the company.

H-1B (Portability or Premium Process)

REMITTANCE SCHEME

REMITTANCE SCHEME

Government Shutdown Does Not Impact Our Ability To Work for Our Immigrat...

Advance Parolo for DACA recipients

TRIP TO INDIA, U.S. CITIZENSHIP AND NATIONALITY

PRESS RELEASE: TAKING AIM AT FALSE CLAIMS TO U.S. CITIZENSHIP - DHS & DOS Seek to Amend Policies For False Claims by Minors. NPZ LAW GROUP, P.C. Attorneys Ridgewood New Jersey

Ridgewood, N.J. - One of the major reasons that Citizenship is denied to applicants is because they have made a "false claim to U.S. Citizenship".

Nachman Phulwani Zimovcak Law Group, P.C., an international Immigration Law Firm (with Offices in NY, NJ and affiliated offices in Canada and Mumbai) recently heard that the U.S. Department of Homeland Security (DHS) and the U.S. Department of State (DOS) have stated that they will amend the Field Manual and the Foreign Affairs Manual to reflect the following position:

TO READ MORE, PLEASE CLICK HERE...

The "I" Visa: Foreign Media Representatives

ASYLUM: THE SEVERAL WAYS THAT AN ASYLUM CASE CAN BE MADE IN THE U.S.

DS-260 Immigrant Visa Electronic Application- Frequently Asked Questions 2013

Important Notice: Only immigrant visa applicants applying at certain U.S. embassies and consulates where NVC requested fees or documents in October 2010 or later may use the DS-260, Online Immigrant Visa Application. Review Online Immigrant Visa Forms to learn whether you should use the online DS-260 form, as well as more important information.

Review the FAQs below if you must complete the online DS-260 form.

What do I need to complete and submit forms online?

You must have:

• Internet access

• Your NVC Case Number (refer to the message you received from NVC)

• Your Invoice I.D. number (refer to the message you received from NVC)

TO READ MORE, PLEASE CLICK HERE....

CBP to Rollout New Arrival / Departure-Record Process for Foreign Visitors

L-1A and E1-3 as compared to: EB-5 Types of Investor Visas for the Green...

PRESS RELEASE: USCIS Implements Customer Identity Verification at Field Offices. NPZ LAW GROUP, P.C. Attorneys Ridgewood New Jersey

RIDGEWOOD, NJ - SEPTEMBER 9th, 2013 - Beginning September 9, 2013, USCIS will employ a new verification tool called Customer Identity Verification (CIV) in its field offices. Customers will now submit biometric data, specifically fingerprints and photographs, when appearing at USCIS offices for interviews or to receive evidence of an immigration benefit. CIV will enhance the integrity of the immigration system and combat identity fraud by allowing USCIS to biometrically verify a customer's identity. Having resolved a technical issue that delayed our original launch, the tool will now be phased in between September 9 and October 21, 2013 to customers attending an interview or being issued evidence of an immigration benefit.

TO READ MORE, PLEASE CLICK HERE...

Form I-9 Update: Platinum Builders of Central Florida, Inc.

Immigration Options for Victims of Crimes: U Visa

VISA BULLETIN FOR SEPEMBER 2013

The following information is provided by the Visa Office regarding the cut-off dates for the month of September 2013.

FAMILY PREFERENCES

F1-Family first preference: Unmarried sons and daughters over the age of 21 years of U.S. Citizens. The cut-off date has moved forward by two (2) weeks for most of the countries including India to September 15, 2006.

F2A - Family second preference: Spouses and minor children, and unmarried sons and daughters of permanent residents. The cut-off date for this category for most countries including India is CURRENT.

F2B- Family second preference: Unmarried sons and daughters over 21 of permanent residents. The cut-off date has moved forward by ten (10) weeks for most of the countries including India to February 15, 2006.

TO DETAILED INFORMATION, PLEASE CLICK HERE...

What do I do if I lose my immigration documents abroad?

TN Classification for Mexicans and Canadians Under the North American Free Trade Agreement:

International Child Abductions

H-1B: Professional and Specialty Occupation Work Visas exempt from the Cap.

IMMIGRATION REFORM BILL 2013

Now that the Senate has passed the bipartisan bill in the Senate, we await to see what happens in the House. Will the House take up the Senate Bill and pass it or produce its own bill that includes a core piece of senate Legislation, a path to the citizenship for 11 million unauthorized immigrants in the country.

It appears that the House will look at a narrower bill that does not provide path to citizenship and choose to legislate series of standalone bills that deal with strong border security, an agricultural, guest worker plan, fortified employment eligibly verification system and to expand immigration for science, technology, engineering and mathematic experts. "The House is not going to be log rolled by the Senate" a key law maker said, "We have a minority of the minority in the Senate voting for this bill," said Representative Tom Cole, Republican of Oklahoma, referring to the Republican Senators who back the Senate measure. "That's not going to put a lot of pressure on the majority of the majority in the House."

Two senior House Republican leadership aides were more blunt when speaking privately: Speaker John A. Boehner has no intention of angering conservative voters and jeopardizing the House Republican majority in 2014, in the interest of courting Hispanic voters on behalf of a 2016 Republican presidential nominee, who does not yet exist.

If anything, the politics of a gerrymandered House, where Republican lawmakers have much more to fear politically from the right than from the left, could push many Republicans to oppose a conservative alternative to the Senate's plan.

TO READ MORE, PLEASE CLICK HERE...

What the new Visa Application Centre (VAC) in New York really looks like

Form I-9 Audits: Notice of Inspection and What to do next: Employers nee...

Unauthorized Practice of Law (UPL): Don't end-up in the hands of a Notario

Deferred Action Childhood Arrival (DACA) Updates

Consider Adjustment of Status (AOS) Vs. Consular Processing: Adjustment ...

VISA BULLETIN FOR AUGUST 2013

The following information is provided by the Visa Office regarding the cut-off dates for the month of August 2013.

FAMILY PREFERENCES

F1-Family first preference: Unmarried sons and daughters over the age of 21 years of U.S. Citizens. The cut-off date has moved forward by twelve (12) weeks for most of the countries including India to September 1, 2006.

F2A - Family second preference: Spouses and minor children, and unmarried sons and daughters of permanent residents. The cut-off date for this category for most countries including India is CURRENT.

TO READ MORE, PLEASE CLICK HERE...

Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - Immigration Update (July 15th 2013)

Dear Readers: 

After the Senate passed S.744 attention shifted immediately to the House. Speaker of the House John Boehner has already indicated that he will adhere to the Hastert rule when it comes to immigration reform. What this means is that we are unlikely to see S.744 debated and then voted on in the House. Rather, we are likely to see stand-alone immigration bills introduced, debated, and then voted on, one by one (e.g., the piecemeal approach).

While a House vote on S.744 or an equivalent comprehensive immigration reform package is possible what we are more likely to see are stand-alone bills presently working their way through the House. One such bill is the Strengthen and Fortify Enforcement (SAFE) Act.

The SAFE Act focuses on interior immigration enforcement. While Title III of S.744 also focuses on interior immigration enforcement, the SAFE Act is distinct. First, the SAFE Act would make being undocumented or being unlawfully present in the United States a federal crime. It is already a federal crime to enter the U.S. without authorization. 

The SAFE Act would thus add the act of living (without authorization) to this list. The bill also provides States and localities "specific congressional authorization to assist in the enforcement of federal immigration law and includes provisions to facilitate their assistance." As described by the House Judiciary Committee, it allows States and localities to enact and enforce their own immigration laws, which speaks directly to State-level immigration policies such as those in Arizona and Alabama.

TO READ MORE, PLEASE CLICK HERE...

Comprehensive Immigration Reform (CIR): What's going on in the House of ...

Section 105 H-1B Visa Portability

CIR Update About What is happening in the House of Representatives.

AC-21 Section 106(c) Mobility

Nonimmigrant Intent: I want/need to Return Home

Consular Processing: "Administrative Processing?"

Electronic I-94 Arrival / Departure Records

Defense of Marriage Act (DOMA) is Dead

Marriage Cases

Implementation of the Supreme Court Ruling on the Defense of Marriage Act (DOMA)

Statement from Secretary of Homeland Security Janet Napolitano:

"After last week's decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse."

TO READ MORE, PLEASE CLICK HERE...

O-1B ARTIST VISA: ARTISTS, ENTERTAINERS, SPECIALTY CLEFS, PAINTER, DESIG...

ARE WE HALF WAY THERE? U.S SENATE PASSES HISTORIC IMMIGRATION REFORM LEGISLATION

June 27th 2013 - Ridgewood, NJ - The Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. applauds the U.S. Senate for passing comprehensive immigration reform legislation (S. 744) by a vote of 68-32 (including 14 Republicans). The vote reflects how far the country has come in understanding the significance of immigration reform to the health and well-being of the nation as a whole. 

Regardless of what may come next, today's vote reflects the fact that the social and economic benefits of immigration reform are tangible and achievable. There will be much work ahead to continue to perfect the policies reflected in this bill. But for the moment, we thank the Senate, led by the Gang of Eight (especially our State Senator Robert Menendez), for the courage and vision to finally move the country forward on immigration.

FOR DETAILED INFORMATION, PLEASE CLICK HERE...

L-1A vs. L-1B NONIMMIGRANT INTRACOMPANY WORK VISA

Are you undocumented? Perhaps you have some U.S. Immigration Options

H-1B's: Is there a Grace period after Termination?.

National Interest Waivers (NIW): Is the EB-2 for you?

THE WHO, WHAT AND HOW STEM EXTENSIONS OF OPT.

WHY IS IT IMPORTANT? EB-3 vs. EB-2

U.S. IMMIGRATION - NOTICE TO APPEAR

Comprehensive Immigration Reform (CIR) updates

LATELY (SPRING 2013): WHAT YOU NEED TO KNOW ABOUT THE I-9 FORM PROCESS BUT WERE AFRAID TO ASK

On April 11, 2013, the AILA Verification and Documentation Liaison Committee met with the USCIS Verification Division and with ICE Homeland Security Investigations regarding the implementation of the new I-9 Form.

The following practice tips are based on the Agencies' responses to questions raised during the meeting:

TO READ MORE, PLEASE CLICK HERE...

H-1B Audit

DON'T GET CAUGHT WITH YOUR LCA PANTS DOWN: U.S. Department of Labor (DOL), Wage and Hour Division, Continues to Conduct H-1B Audits and Investigations.

Employers who hire H-1B professional and specialty occupation employees are required by law to submit a completed Labor Condition Application (LCA) on DOL Form ETA 9035E in the manner prescribed by the regulations. By completing and signing the LCA, the employer attests to several items called "attestations". These attestations concern the employer's responsibilities to the H-1B nonimmigrant employee, including the wages, working conditions, and benefits to be provided to the potential H-1B worker that will join the employer's pool of employees.

One important aspect of the LCA process is that the application is valid to a specific place or places - geographically location - designated on the LCA and addressed by certain prevailing wage conditions. Thus, it is to be noted that the H-1B employee for whom this LCA process is filed and approved should be employed within the designated areas. In order to enforce compliance of the LCA, the U.S. DOL continues to audit H-1B employers (both those that are H-1B dependent and those that are not).

Audits are usually triggered either when a current or former employee files a complaint with the DOL or when the DOL targets a specific industry for investigation. In some cases, the State DOL will conduct an investigation and information may be shared between the State and the Federal DOL authorities. In other cases, the Office of Federal Contract Compliance (OFCCP) may also conduct an Audit and then, depending upon the documentation provided by the employer, share the information with the Federal DOL authorities.

Most DOL investigations begin with an initial audit letter from the DOL officer. The Wage and Hour Division of the U.S. DOL is the section of the DOL that investigates the LCAs that are prepared and submitted by the employers for the H-1B employee. The DOL officer may meet or speak by telephone with the company (or one of its authorized representatives) and obtain an initial statement. Following a letter, an LCA investigation may commence and it may take several years to complete.

TO READ MORE, PLEASE CLICK HERE....

Comprehensive Immigration Reform [CIR] - "The Reform Storm"

On Thursday, April 11th, 2013, David Nachman, Esq., one of the managing Attorneys of the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. attended AILA's "National Day of Action" (NDA) in Washington DC. As part of delegation of immigration lawyers colleagues from New Jersey, Mr. Nachman met with the New Jersey Congressmen to discuss and lobby for Comprehensive Immigration Reform (CIR).

TO READ MORE, PLEASE CLICK HERE...

Nachman Phulwani Zimovcak (NPZ) Law Group, P.C.'s Immigration Update (June 2013).

Dear Readers:

As the U.S. "Immigration Reform Storm" continues to advance, it is clear that reform legislation still has a long way to go. While it is true that the Senate Judiciary Committee "did a good job" (and we commend them for it!) by considering hundreds of amendments to the proposed Bill, there is still an uphill battle before the proposed Bill can become a statutory reality.

On nearly a daily basis, NPZ Law Group Lawyers, continue to receive questions from clients and prospective clients about their prospects for RPI and Blue Card status, etc. We remind our readers that the proposed immigration reform Bill is NOT the law and that while the information about the proposed new law is interesting (from a potential planning perspective) it is, at this juncture, purely "academic".

One of the questions posed regularly to our immigration lawyers and attorneys is whether we feel that the new law will pass. In general, it is difficult to say whether this proposed Bill will become a reality. However, unlike the proposed Immigration Reform Bills that have failed in the past, now we live in a different immigration-reform climate. What do we mean?

Well, unlike immigration reform in the past, today the pro-immigration reformers are better organized. It also appears that today pro-immigration reformers have better spokespeople than they did in 2007. Senator Marco Rubio (R-FL.) carries more weight in the GOP than did Senator John McCain (R-Ariz.), in 2007. Of late, a shortage of high-tech workers is more acute. Focus has been placed by USCIS upon "entrepreneurial spirit" (Entrepreneur-in-Residence Program) that is kindled by foreign nationals who bring jobs and capital infusion to the U.S. economy. Also, Republicans have lost two presidential races, doing poorly with Hispanic voters.

In addition, it is important to point out that the GOP itself has changed. Although immigration opponents are loath to admit it, Libertarians who are generally pro-immigration reform, are on the upswing in the Party. It seems that Republicans can accept a path to citizenship, under the conditions embodied in S. 744 that was crafted by the "Gang of Eight" (a bi-partisan working group), in order to obtain border security. This essentially relegates immigration opponents to argue that "immigration is bad for the economy" (which is neither a proposition of the conservatives nor true). On the other hand, immigration opponents may try to argue that the border provisions aren't good enough.

The Republicans are basically between a "rock and a hard place" on the issue of Comprehensive Immigration Reform (CIR). If Republicans take a hard line approach on the issue, they are likely to severely damage the parties' prospects in the next Presidential Election. If the Republicans in the House and the Senate moderate on the issue, we are likely to see the passage of a Bill. However, moderation, like every political posture, will likely come at a price.

For more information about S.744, the proposed "Border Security, Economic Opportunity, and Immigration Modernization Act", or any other aspect of Comprehensive Immigration Reform, or in connection with any business or family-based immigration services, please feel free to e-mail to the members of the VISASERVE Team at info@visaserve.com or call us at 201-670-0006 (x107). 

FOR DETAILED INFORMATION, PLEASE CLICK HERE....

Good Job Senate Judiciary Committee

Yes, Senate Judiciary Committee did a good job on Immigration Reform Bill.

Gail Collins in his NY Times Article said, "Immigration reform has been the 2013 bipartisan bright spot in the Senate, unless you were really moved by the day they voted to debate gun control before killing all the gun control plans. The committee members cheerfully plowed through 300-odd proposed amendments, while taking turns telling which country their great-grandfather came from. There was, of course, a lot of disagreement, although almost everybody seemed to enjoy slapping down ideas offered by Senator Jeff Sessions of Alabama.

FOR DETAILED INFORMATION, PLEASE CLICK HERE...

Immigration Bill Gaining Steam

The U.S. Senate's Gang of Eight fended off poison-pill amendments, meant to derail a bipartisan immigration reform bill supporters say is gaining steam.

The Senate Judiciary Committee, during a markup session last week, voted down Republican-sponsored amendments that sought to delay putting 11 million illegal immigrants on a path to citizenship and dramatically increase the number of Border Patrol agents and surveillance vehicles, among other things, The Hill reported Friday.

The bill's sponsors also held off an effort U.S. Sen. Chris Coons, D-Del., a liberal, to halt Homeland Security Secretary Janet Napolitano from deporting undocumented workers to unsafe areas. Sen. Charles Schumer, D-N.Y., one of the bill's chief authors, said Coons's proposal was so broad that it could stop almost all deportations to Mexico.

The members of the Gang of Eight on the panel -- Schumer and Sens. Dick Durbin, D-Ill.; Lindsey Graham, R-S.C.; and Jeff Flake, R-Ariz., stood firm to defeat amendments that could undermine the bill's bipartisan support.

FOR DETAILED INFORMATION, PLEASE CLICK HERE...

VISA BULLETIN FOR JUNE 2013

The following information is provided by the Visa Office regarding the cut-off dates for the month of June 2013.

FOR DETAILED INFORMATION, PLEASE CLICK HERE...

Border, Economic Opportunity and Immigration Modernization Act of 2013 (This will become law only if it is passed by Congress) (PART III) NPZ LAW GROUP, P.C. Attorneys Ridgewood New Jersey

This is Part III if the series of Articles on Comprehensive Immigration Reform Bill now entitled as "Border, Economic Opportunity and Immigration Modernization Act of 2013."

FOR DETAILED INFORMATION, PLEASE CLICK HERE...

Border, Economic Opportunity and Immigration Modernization Act of 2013 (This will become law only if it is passed by Congress) Part II

This is continuation of series of articles about the Immigration Reform Bill introduced in the Congress. In the first part we discussed about the provisions relating to legalization of individuals in unlawful status, who resided in the US prior to December 31, 2011.

FOR DETAILED INFORMATION, PLEASE CLICK HERE...

BREAKING NEWS: Border, Economic Opportunity and Immigration Modernization Act of 2013 (This will become law only if it is passed by Congress) PART I

We have been waiting for a long time about the Comprehensive Immigration Reform Bill. Finally, after extensive deliberations, the Gang of Eight bipartisan Senators, reached agreement on various issues. It happened after extensive negotiations between the Republican and Democratic Senators and seeking support from the labor group A.F.L.C.I.O Chamber of Commerce and Religious groups.

FOR DETAILED INFORMATION, PLEASE CLICK HERE....

The Nachman Phulwani Zimovcak (NPZ) Law Office Applauds The Introduction of a Bi-Partisan Senate Immigration Reform Bill.

April 18, 2013 - Ridgewood, New Jersey - The Nachman Phulwani Zimovcak (NPZ) Law Group, applauds the "Gang of Eight" Senators who have introduced the "Border Security, Economic Opportunity and Immigration Modernization Act." The Senators and their staff have been working tirelessly, for months, to create a bi-partisan solution that attempts to fix our broken immigration system.

Following Senator Rubio's appearance on 7 talk shows this past Sunday, Senator Robert Menendez (D-NJ), a member of the Gang of Eight, announced the components of the Bill in a teleconference yesterday. Mr. Nachman met on Capitol Hill with Senator Menendez's staff (and other Congressmen) to discuss immigration reform late last week. The Senate is to be commended for having the courage to lean into this difficult issue and bring forth a detailed and comprehensive proposal. In addition, labor and business groups should be acknowledged for their role in negotiating, in advance, some of the toughest sticking points to help ensure a smooth path through Congress.

One of NPZ's Managing Immigration Attorneys, David Nachman, Esq. states: "The introduction of this bipartisan legislation shows that there is a change in the disruptive political thought process that has been at play for many years over the immigration issue. The fact that the two parties are seriously negotiating a "comprehensive bill" as to a piece meal introduction of bills shows that immigration reform may become a reality in 2013".

In the coming days and weeks as the bill is analyzed and debated, there will be many who criticize both the policy remedies in the bill, as well as the sheer length of the legislation. It is important to keep in mind, however, that developing a comprehensive solution requires striking a delicate balance between a diverse cross section of stakeholders and impacted constituencies. 

READ MORE.......

Obama Predicts, Immigration Bill will pass Bipartisan Bill in Congress Soon NPZ LAW GROUP, P.C. Attorneys Ridgewood New Jersey

President Obama made the statement last week that he is confident, that an Immigration Bill will be introduced in the Congress, in the next few months. The key senators charged with crafting the legislation indicated that, their process is almost complete. Senator Charles Schumer (D-NY) also confirmed that a bipartisan senate group is 90 percent done, with its draft of a bill which will revamp the Immigration law.

FOR DETAILED INFORMATION, PLEASE CLICK HERE....

H-1B Visa F.Y. 2014

March 2013 - End of the Month - U.S. and Canadian Immigration Newsletter

http://myemail.constantcontact.com/March-2013---End-of-the-Month---U-S--and-Canadian-Immigration-Newsletter.html?soid=1011188341227&aid=frWODbZaW7A

The 2013 H-1B Season, I-601 wavier, Provisional waiver .

PRESS RELEASE - IT'S THAT TIME AGAIN: H-1B FILING SEASON FOR FISCAL YEAR 2014.

FOR IMMEDIATE RELEASE - February 10th, 2014 -

On April 1, 2013, the U.S Department of Homeland Security's (DHS), Citizen and Immigration Services (CIS) will start accepting H-1B petitions. H-1B visas are for nonimmigrants who are employed by U.S. employers in professional and specialty occupations. Specialty occupations include, but are not limited to technical writers, business managers, engineers, teachers, lawyers, accountants, etc. Basically the classification requires that the individual possess the equivalence of a U.S. Bachelors Degree and that the degree be related to the job that the individual proposes to take-up in the U.S.

Only a limited number of H-1B visas are available each year. In 2014, the Congressionally-mandated quota is 65,000 H-1B visas, with an additional 20,000 reserved for applicants who hold a U.S. Master's Degree or higher. A limited number of employers - higher educational institutions, nonprofit entities affiliated with higher educational institutions, and nonprofit and government research organizations - are exempt from the quota, as are certain foreign nationals, such as those who have previously been granted H-1B status and physicians who have received "Conrad 30" waivers.

The best chance for receiving an H-1B number under the new cap is to have the H-1B petition filed on the earliest possible date (which is April 1, 2013). In many cases individuals will not graduate until June. If the H-1B numbers are taken very quickly then the spots become subjected to a Lottery. This happened about five (5) years ago. Last year the H-1B visa numbers for Fiscal Year 2013 were taken-up by petitioners by the end of June. In fiscal year 2010, the quota was reached in nine months. Two years ago, it closed in November, but last year it was reached in less than two months.

The H-1B usage is a great method for determining the prospective health of the U.S. economy. Since the H-1B start date is October 1st, it means that the H-1B usage gauges the prospective strength of the U.S. economy six months from now. While President Obama has sent clear messages about the continuing growth and strength of the U.S. economy, it remains to be seen how the H-1B usage will go in the 2014 Fiscal Year.

However, what does appear to be the case is that if companies file for the visa at the same rate they have in the past, we could end-up seeing the FY 2014 quota reached the first day. It is for this reason that we highly recommend applying as quickly as possible once the USCIS starts to accept 2014 H-1B visas.

Starting the H-1B process is relatively easy. The most important aspects of the H-1B process is for the prospective H-1B employer and employee to understand how H-1B works. Certain aspects of the H-1B process can be explained to an employer through the use of obtaining a competent immigration law counselor or lawyer who can fully explain the various steps in the H-1B process.

Starting the petition process is crucial to the petition's success. Commencing the process without delay gives immigration lawyers and immigration attorneys the necessary time to complete the proper forms, draft support letters, obtain a certified Labor Condition Application (LCA), and collect all evidence necessary to prove the position's specialized nature. Also, it gives the immigration lawyer the time to prepare the Public Access File for the employer to keep on their premises after the LCA (Form 9035) has been filed with the U.S. Department of Labor.

If you or any member of your staff should have any questions about the H-1B visa process, or would like to discuss alternatives to the H-1B category, please contact any one of the immigration lawyers or immigration attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. You can do so by calling us at 201-670-0006 (x107) or by e-mailing to us at info@visaserve.com

For more information, please feel free to contact:

David H. Nachman, Esq. or Michael Phulwani, Esq. or Ludka Zimovcak, Esq.

Managing Attorneys

U.S. Immigration & Nationality Law Division Nachman, Phulwani, Zimovcak (NPZ) Law Group

Visaserve Plaza

487 Goffle Road

Ridgewood, New Jersey 07450

201-670-0006 (x100) Phone

201-759-4333 Cellular

201-670-0009 Facsimile

Check out our website at www.visaserve.com

We have offices in New York City at 7 West 36th Street on the 14th Floor.

Our Canadian Law Division can meet clients seeking Canadian Visas in the U.S. or in Canada.

THE H-1B SEASON IS UPON US AGAIN.

The 2013 H-1B Season is Upon Us . . . Will This Year's Economy Bring a Lottery? At this juncture, it does not seem likely. However, as the statistics from last year show, planning in advance of April 1st for the H-1B is the key to being able to continue your authorized work status in the U.S. It is likely that it need not be said but . . . it is always best to seek competent immigration legal counsel to be able to find a way to legally remain in authorized work status in the U.S.

Yes, it is that time of year again! We always hear the Accountants moan and groan about the approaching April 15th deadline each year, but you have to listen a bit more closely and you will hear (and see) the U.S. Business Immigration Lawyers and Attorneys manifesting their continuing distaste for the April 1st filing date for cap-subject H-1B professional and specialty occupation workers.

Well, here we go again . . .

April 1st, 2013 marks the first day when prospective H-1B petitioning employers and prospective H-1B employees will be able to apply to the U.S. Department of Labor (DOL) for Labor Condition Applications (LCA) and H-1B visa petitions to the U.S. Citizenship and Immigration Services (CIS) for employment in the fiscal 2013-2014 year (FY 2013). Our advice to our H-1B employer clients continues to be that they need to think about filing H-1B petitions on (or very close to the) April 1^st deadline for new and existing employees (usually international students in Optional Practical Training [OPT]) who will be eligible for first-time H-1B visas to begin their employment on or after October 1st, 2013.

By way of background, each Fiscal Year (FY), Congress mandated an annual cap of 65,000 H-1B visas for "professional and specialty occupation workers" who possess the equivalence of a U.S. Bachelor's Degree. There are also an additional 20,000 H-1B visas available for individuals who possess the U.S. Master's Degree or other advanced degrees from U.S. Colleges or Universities.

Some cases are NOT subject to the cap. For example, Institutions of Higher Education and Government Research Organizations are H-1B Cap exempt organizations. It continues to be the case that H-1B visa petitions filed on behalf of current workers who have been counted previously against the H-1B visa cap are also not included in the annual cap. Additionally, pursuant to the Chile and Singapore Free Trade Agreement, 6,800 H-1B visas are available exclusively to Chile and Singapore Nationals. The Singapore/Chile numbers reduce the total allotment of H-1B visas available each fiscal year to 58,200.

Our offices continue to assist international students who are trying to obtain the H-1B nonimmigrant visa. We also assist employers with E-Verify applications, so that they can offer international students, who are working for them in Optional Practical Training (OPT), a 17-month STEM extension.

In 2008, there was a regulation that gave some assistance to international students in the U.S. who applied for H-1B during their OPT. At that time, a regulation was promulgated that provided "cap-gap" relief for F-1 students with approved H-1B petitions if the H-1B was filed while the student was still in a period of approved work authorization. In other words, F-1 student visa holders who received work authorization in OPT were permitted to extend the authorized work authorization and period of stay until October 1^st as long as they have received an approved H-1B visa prior to the expiration of their OPT.

Also, many Science, Technology, Engineering, and Mathematics (STEM) students continue to use the STEM extension as a way to get two (2) bites at the apple and to obtain the additional time they need to petition in a subsequent H-1B cycle. To get the STEM extensions, an employer needs to be enrolled in E-Verify. Now E-Verify allows the public to view which are and which are not E-Verify employers.

For several fiscal years, the H-1B allotment actually lasted for almost eight to nine months. This past year, the H-1B allocation went faster. However, in some years past, the H-1B allotment was actually exhausted within three (3) days of the H-1B visas becoming available on April 1^st. This required the CIS to conduct a "lottery". Those were scary times for individuals and companies seeking H-1Bs.

It is likely that the demand for H-1B visas this fiscal year may be greater than it was for last year. We keep hearing that "economic recovery" continues in 2013. For this reason, we continue to advise our H-1B employers to consider filing on April 1^st, 2013, or as close to April 1st, as possible.

For any additional information about the 2013 "H-1B Season" or about speaking to employers about how to prepare and file an H-1B visa, please feel free to contact our offices at info@visaserve.com.

The Nachman Phulwani Zimovcak (NPZ) Law Group P.C. is ready to assist you and your staff with your potential H-1B nonimmigrant professional and specialty occupation worker visa petition(s) before the USCIS (legacy INS) and with Consular Processing of H-1B visa cases anywhere in the world.

We can also assist you or your family members with any and all of your immigration law needs in the U.S., Canada and with regard to outbound transfers to select foreign countries.

If you should have any questions, please feel free to contact our offices at 201-670-0006 (x100) for David Nachman, Esq., (x124) for Michael Phulwani, Esq., and (x105) for Ludka Zimovcak, Esq.

We also have Canadian Lawyers on our staff to assist you with transfers to Canada and we have an affiliated office in Mumbai, India, and an office on 36^th Street and 5^th Avenue in New York City a corresponding office in the Netherland Antilles.