The reason why immigration reform needs to be "grass roots" is because it impacts all of us that way. Foreign nationals are all around us. Their kids grew-up with your kids. You have shared barbecues and block parties with them and you have sat with them in Church or Temple on the weekends. When the Immigration and Customs Enforcement (ICE) vehicles surround a house in the community with sirens blaring, children watch and wonder what they may have done wrong..........

1. Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. -
U.S. and Canadian Immigration and Nationality
Newsletter and Update.
In This Issue:
YOUR IMMIGRATION
LAWYERS, MICHAEL
PHULWANI, ESQ. AND
DAVID NACHMAN,
ESQ. AND LUDKA
ZIMOVCAK, ESQ.
PROVIDE U.S.
IMMIGRATION LAW
UPDATES ON TV ASIA
& ITV: VLOG & USCIS
NEWS UPDATES ON
THE WEB.
ABCs OF H-1Bs (THIS
IS PART II OF AN VIII
PART SERIES): HOW
MUCH PROSPECTIVE
H-1B EMPLOYERS
NEED TO PAY TO H-1B
EMPLOYEES AND
WHY THE PREVAILING
WAGE IS IMPORTANT.
WHITE COLLAR
EXEMPTIONS: DO
EMPLOYERS NEED TO
PAY OVERTIME
COMPENSATION TO
H-1B WORKERS?
[PART II]
WHITE COLLAR
EXEMPTIONS: DO
EMPLOYERS NEED TO
PAY OVERTIME
COMPENSATION TO
Dear Readers:
The reason why immigration reform needs to be "grass roots" is
because it impacts all of us that way. Foreign nationals are all around
us. Their kids grew-up with your kids. You have shared barbecues and
block parties with them and you have sat with them in Church or
Temple on the weekends. When the Immigration and Customs
Enforcement (ICE) vehicles surround a house in the community with
sirens blaring, children watch and wonder what they may have done
wrong.
Our nation's political fabric was woven by those who could see the
future. We are a "Nation of Immigrants". On Capitol Hill two (2) House
Hearings were held this week. One Hearing dealt with the President's
right to exercise "prosecutorial discretion". Essentially, the GOP had to
find a way to force the President's exercise of his "power" into the
limelight. The other Hearing dealt with the unprecedented increase in
removal actions under the Obama Administration. Obviously, an
increase in removal actions signals that the Administration is serious
about the "enforcement" side of any potential reform bill.
Unfortunately, whether political or not, hardworking foreign nationals
who have been living and working in the U.S. for many years have
fallen victim to our nation's outdated immigration laws. Spring is a time
for change. The House Republican leadership must follow through on
its promises to implement immigration reform which will, among other
things, address the 11 million undocumented immigrants living in the
U.S.
As we have pointed out in the past, reforming the U.S. immigration
system is a job creator. A report by the former director of the Bipartisan
Policy Center, who is now Speaker John A. Boehner's top immigration
adviser, found immigration reform would shave more than $1.2 trillion
off the federal deficit over 20 years and grow the nation's economy an
additional 4.8 percent over a 20-year period. Immigration reform also
means legalized immigrants will pay more than $100 billion in
additional taxes over the next decade, including to state and local
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2. H-1B WORKERS?
[PART III]
IMMIGRATIONRELATED AUDITS:
WHAT EMPLOYERS
NEED TO KNOW ??
ICE RELEASED DACA
RENEWAL GUIDANCE
VISA BULLETIN FOR
MARCH 2014 IS
OUT!!!!!
TRAINING OF
CONSULAR OFFICERS
WHO HANDLE THE
VISA PROCESSING AT
THE U.S. CONSULATE
OFFICES ABROAD.
MISSION INDIA / TEAM
INDIA STRIVES FOR
TRANSPARENCY AND
CONSISTENCY IN THE
VISA ADJUDICATIONS
PROCESS ABROAD.
YOUR
IMMIGRATION
LAWYERS,
MICHAEL
PHULWANI, ESQ.
AND DAVID
NACHMAN, ESQ.
AND LUDKA
ZIMOVCAK, ESQ.,
PROVIDE U.S.
IMMIGRATION
LAW UPDATES
ON TV ASIA &
ITV: VLOG &
USCIS NEWS
UPDATES ON THE
WEB & ON TV.
governments.
Of course it is not only an economic question, but it is estimated that
formerly undocumented individuals would add a net $606.4 billion to
the Social Security system over the next 36 years. This will fund a
lifetime of retirement benefits for 2.4 million Americans, or 6.5 percent
of current beneficiaries. To hell with EB-5. Numbers like this sound like
the best "investor visa" program that the U.S. could ever implement.
Passing comprehensive immigration reform should never have been
delayed this long.
On a different note, "H-1B season" is now in full swing and we are
focused on getting all of our client's H-1Bs to the USCIS on April 1st.
Let's be perfectly clear that the media is going to be touting potential
usage numbers for the H-1B very soon. Do not be lulled into a false
sense of security. The H-1B cap-cases (65,000 and 20,000) are going
to go very fast. The economy is recovering. Previously reluctant
companies are now sponsoring. Now is the time to act.
For additional information about immigration reform or about H-1B visa
season, please feel free to contact the immigration attorneys at the
NPZ Law Group at info@visaserve.com or by calling us at 201-6700006 (x107).
ABCs OF H-1Bs (THIS IS PART II OF AN VIII PART
SERIES): HOW MUCH PROSPECTIVE H-1B EMPLOYERS
NEED TO PAY TO H-1B EMPLOYEES AND WHY THE
PREVAILING WAGE IS IMPORTANT.
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.
TO READ MORE ON "ABCs OF H-1Bs", PLEASE CLICK HERE . . .
WHITE COLLAR EXEMPTIONS: DO EMPLOYERS NEED
TO PAY OVERTIME COMPENSATION TO H-1B
WORKERS? [PART II].
David Nachman, Esq.,
Ludka Zimovcak, Esq.
and Michael Phulwani,
Esq., your Immigration
and Nationality Lawyers,
continue to bring
employment and familybased immigration and
In the context of an H-1B visa, it is the definition of "professional"
employees that may pose a challenge for employers in deciding
whether the employee qualifies for an exemption or not pursuant to the
FLSA. There are two types of "exempt" professional employees under
the FLSA: learned professionals and creative professionals.
To qualify for the learned professional employee exemption, all of the
following tests must be met: (1) The employee must be compensated
on a salary or fee basis at a rate not less than $455 per week
($23,660.00 annually); (2) The employee's primary duty[iii] must be the
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3. nationality news and
updates to your TV
screen each week on TV
Asia and iTV. Watch
"YOUR IMMIGRATION
LAWYERS" each week
on iTV and TV Asia.
Please contact us at
info@visaserve.com for
additional U.S.
immigration law
information or about how
to subscribe to iTV or TV
Asia.
Cut-off dates, CIR,
H-1B, Treaty Visas
for India? E-1 & E-2
visas. H-1B
Professional and
Specialty Visas for
April 1st 2014.
STEM OPT for
students.
H-1B applications
for fiscal year 2014
and
Comprehensive
Immigration
Reform.
By way of background,
each Fiscal Year (FY),
Congress mandated an
annual cap of 65,000 H1B 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
performance of work requiring advanced knowledge, defined as work
which is predominantly intellectual in character and which includes
work requiring the consistent exercise of discretion and judgment; (3)
The advanced knowledge must be in a field of science or learning; and
(4) The advanced knowledge must be 'customarily' acquired by a
prolonged course of specialized intellectual instruction.
TO READ MORE ABOUT "DOL RULES FOR H-1B WORKERS
OVERTIME", PLEASE CLICK HERE . . .
WHITE COLLAR EXEMPTIONS: DO EMPLOYERS
NEED TO PAY OVERTIME COMPENSATION TO H-1B
WORKERS? [PART III].
To claim learned professional exemption under the FLSA, the
employee must work in a profession where specialized academic
training is a standard prerequisite for entrance into the profession.
FLSA regulations specifically state that the best evidence for meeting
this requirement is having the appropriate academic degree. However,
the exemption may be available to employees in such professions who
have substantially the same knowledge level and perform substantially
the same work as the degreed employees, but who attained the
advanced knowledge through a combination of work experience and
intellectual instruction.
Since the minimum requirement for the H-1B visa is a baccalaureate or
higher degree or equivalent (both for the offered job and the
prospective employee) in all probabilities this would satisfy the FLSA
requirement - that the employee must work in a profession where
specialized academic training is a standard prerequisite for entrance
into the profession - required to claim the learned professional
exemption.
TO READ MORE ON "DOL RULES FOR H-1B WORKERS
OVERTIME", PLEASE CLICK HERE . . .
IMMIGRATION-RELATED AUDITS: WHAT EMPLOYERS
NEED TO KNOW?
There are three potential "hot spots" for audits and investigations for
the government related to the immigration and nationality laws. The
first has to do with the documentation that the employer is required to
maintain in connection with the H-1B nonimmigrant professional and
specialty and occupation worker visa.
The second area of potential audit concerns the employer's obligations
under the Immigration Reform and Control Act of 1986 ("IRCA") [Pub.
L. No. 99-603, 100 Stat. 3359] (known to HR Professionals as the "I-9
Process").
The third, and one more recent, area of audit surrounds the new Labor
Certification Application Program called "Permanent Electronic Review
Management" ("PERM"). Each of the foregoing government programs
anticipates compliance through "audit". Even a rudimentary
understanding of the complex documentary requirements for each of
these programs can help and employer to avoid potential liability.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
TO UNDERSTAND THE IMPORTANCE OF PROPERLY PREPARING
THE I-9 FORM AND USE OF E-VERIFY, PLEASE CLICK HERE TO
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4. 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.
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 17month 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.
H-1B Petitions for fiscal
year 2014,
comprehensive
immigration reform, cir,
poverty guidelines for I-
CHECK OUT THE VIDEO PRESENTATION . . .
ICE RELEASES DACA RENEWAL GUIDANCE.
For many DACA applicants, June 2014 will be the time for renewal of
their EADs. Recently USCIS released guidance for those granted
deferred action under the DACA process by ICE who have an EAD
expiring in the next 120 days.
According to the guidance, DACA renewals must be approved prior to
the expiration of the initial period of deferred action to avoid a lapse in
employment authorization or accrual of unlawful presence.
FOR DETAILED INFORMATION ON DACA RENEWAL GUIDANCE,
PLEASE CLICK HERE . . .
For more information about the DACA EAD Renewal and Process,
please feel free to contact NPZ Law Group, P.C. at 201-6700006 (x100) or e-mail us at info@visaserve.com
VISA BULLETIN FOR MARCH 2014 IS OUT!
The March 2014 Monthly Visa Bulletin shows minor to moderate
advancement of cut-off dates in all EB-2 and EB-3 categories, with the
exception of the EB-2 for India, which remains unchanged.
At the end of fiscal year 2013, there were considerable advancements
in cut off dates in the EB-2 and EB-3 India categories. In order to
regulate the large increase in demand that followed, these cutoff dates
retrogressed significantly in December. In January and February, there
was no movement in the EB-2 or EB-3 India categories; meanwhile,
the EB-3 China category continued to move ahead of the EB-2 China
category. The March Visa Bulletin indicates no movement of the EB-2
India category, minor forward movement of the EB-3 India category,
and continued advancement of the EB-3 China category ahead of the
EB-2 China category.
As a result of continued heavy demand, a cutoff date for individuals in
the family-based F-2A category from Mexico will retrogress to April
15th, 2012, while a cutoff date of September 8, 2013 will remain in
effect for individuals in the F-2A category from all other countries.
FOR MORE DETAILED INFORMATION OR TO CHECK THE
AVAILABILITY OF YOUR PRIORITY DATE, PLEASE CLICK HERE .
..
"IMMIGRATION NEWS AND VIEWS" - NPZ'S
NEW PRACTICAL SERIES ON YOUTUBE
ABOUT VARIOUS U.S. AND CANADIAN
IMMIGRATION LAW ISSUES.
TRAINING OF CONSULAR OFFICERS. WELLTRAINED OFFICERS CAN ENSURE AN EFFICIENT
VISA PROCESS AT THE U.S. CONSULATE ABROAD.
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5. 864, varied income, joint
sponsor and asset
liquidation
considerations, ethics of
the joint sponsorship,
NVC issues, assets,
CIR, pathway to
citizenship, amendments
to the I-129 H-1B Visa
Petition.
-----------------
Quick Links
SEARCH OUR SITE
THIS MONTH'S
VISA BULLETIN
THE VISASERVE
BLOG
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ENTERTAINMENT
IMMIGRATION
UPCOMING
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CBP BORDER
WAIT TIMES
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TIMES
Consular officers are highly skilled and highly motivated professionals
who have been entrusted with the great responsibility of ensuring that
the border security of the United States is enforced. In order to meet
the high demand for nonimmigrant visas, consular officers process
several hundred applicants a day in as courteous and efficient a
manner as possible. This process can be stressful for both officers and
applicants alike.Applicants, especially those to whom nonimmigrant
visas are not issued, may sometimes feel that they were treated
unfairly. The U.S. State Department greatly values customer service
and trains its consular officers to uphold the highest level of service for
each applicant. Applicants can and should expect to be treated
courteously no matter the outcome of the visa interview. Likewise,
consular officers wish to be treated respectfully, no matter the outcome
of the visa interview. The consular adjudication process is rooted in US
immigration law, and is not a capricious decision. The US State
Department invests a considerable amount of its resources into the
training of its consular officers. Every consular officer receives
mandatory seven-week training in the application of US immigration
law. The training consists of consular courses taught by senior
consular officers, group projects and case studies, and observation
sessions at airports to learn how visa holders are processed at the port
of US entry. Weekly examinations measure the consular officers'
progress and document their mastery of US immigration law. Once the
consular trainees have completed their exams, they graduate and are
officially commissioned by the US president with approval of the US
Congress, to represent the United States as consular officers.
MISSION INDIA / TEAM INDIA. INDIA CONSULATE
OFFICE STAFF WORK TO PROVIDE
TRANSPARENCY AND CONSISTENCY IN THE VISA
PROCESS.
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6. -----------:: 201-670-0006 (X100)
For decades, the various American posts in India had processes as
diverse as the Indian cities they inhabited, with unique procedures,
local rules, and ways of doing business that at times caused confusion
and wasted time. But in September of 2009, U.S. Embassy New Delhi
and the U.S. Consulates across India adopted an innovative approach
to providing consular services. Instead of working independently,
consular units formed a larger team. As part of Consular Team India,
each consular operation functions as part of an India-wide system, not
just a local outpost. The success of CTI in unifying five geographically,
culturally and linguistically diverse posts across an area one third the
size of the United States with a population four times larger is a
remarkable achievement. But this is no top-down bureaucracy: each
post in CTI has ownership of a specific consular function that covers all
of India, giving each post a stake in CTI's overall success. With a
common base of information and shared responsibilities, the five
offices continually share best practices, lessons learned, metrics, and
find solutions to challenges collectively, a functioning example of the
wisdom of the motto inscribed on the Seal of the United States: e
pluribus unum - Out of many, one! Today, each and every consular
customer can expect to receive the same quality of consular services
at every post in India - and as part of the CTI approach, for most
services they can visit whichever post they find convenient, regardless
of where in India they reside. Through better coordination and
communication, CTI ensures that U.S. and Indian clients can expect
the same excellent service and familiar processes at Kolkata or
Chennai, Hyderabad or Mumbai, or in the capital New Delhi. This
innovative approach is now being replicated in other large multi-post
consular countries to better serve consular clients. As members of CTI
we are proud that the excellence we have created to India is now
helping consular customers around the globe.
:: info@visaserve.com
:: www.visaserve.com
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