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.

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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:

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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.

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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).

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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). 

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