USCIS Releases Updated L-1B Guidance Memo on Specialized Knowledge Visas

http://archive.constantcontact.com/fs147/1011188341227/archive/1120590000770.html[4/2/2015 10:21:39 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.
PRESIDENT OBAMA
ASKED FOR IT IN
NOVEMBER 2014 . . .
NOW, HERE IT IS . . . THE
USCIS PROMULGATES L-
1B GUIDANCE
MEMORANDUM HELPING
TO MORE CLEARLY
DEFINE WHAT IS
"SPECIALIZED
KNOWLEDGE" FOR L-1B
INTRACOMPANY
TRANSFEREES.
OCI CARDHOLDER: INDIA
OFFERS MULTIPLE
ENTRY & MULTI-
PURPOSE LIFE-LONG
VISA TO ITS OVERSEAS
CITIZENS. By: Michael
Phulwani, Esq., David H.
Nachman, Esq., and
Rabindra K. Singh, Esq.
SO H-4 DEPENDENTS
CAN WORK? BUT CAN
USCIS ISSUE EADS IN A
TIMELY MANNER? DHS
EXTENDS ELIGIBILITY
Dear Readers:

This is not an April Fool's joke. Today is the opening of the H-1B
visa lottery. Within the next few days, this year's H-1B visa cap
will be reached and only a limited number of highly-skilled
immigrants will be able to stay in the U.S. to start companies and
create jobs, instead of doing so for our foreign competitors.
Perhaps it is our Nation that continues to be the April Fool! As
our myriad of H-1Bs slowly find their way to the loading docks
at the USCIS Service Centers, we sit back and contemplate the
reality of our broken immigration system. How can it be the case
that the most powerful and industrious nation in the world leaves
the value added by highly-skilled workers to nothing less then a
"game of chance"?
Last year, over 172,000 applications were received for 65,000
Bachelor's (and for 20,000 Master's slots). The USCIS stopped
accepting applications after five days and they are anticipating
the same for this fiscal year's (FY 2016) filings. Our system is
bad for entrepreneurs as well as the U.S. economy.
The statistics speak for themselves. For every hundred H-1B
workers in the U.S., an additional 183 jobs are created for native-
born workers. We need to focus on fixing our visa system and
putting into place measures that keep top-talent in the U.S. We
continue to provide outstanding minds with some of the best
education in the world in Science, Technology, Engineering and
Mathematics (STEM) only to send them back home with those
valuable educational assets. Does this make any sense at all?
President Obama recognizes the importance of keeping STEM
workers in the U.S. Specifically, and just this week, reference

FOR EMPLOYMENT
AUTHORIZATION TO
CERTAIN H-4
DEPENDENT SPOUSES
OF H-1B
NONIMMIGRANTS
SEEKING EMPLOYMENT-
BASED LAWFUL
PERMANENT
RESIDENCE.
TECHNOLOGY
UPGRADES AT USCIS
BENEFIT GREEN CARD
RENEWAL APPLICANTS:
FORM I-90 NOW
AVAILABLE ON ELIS.
ANOTHER H-1B
NONIMMIGRANT VISA
LOTTERY IS LOOMING:
NOW IS THE TIME TO
START TO THINK ABOUT
YOUR H-1B BACK-UP
PLAN.
VISA BULLETIN FROM
DOS: THE APRIL 2015
VISA BULLETIN IS OUT -
IS YOUR PRIORITY DATE
CURRENT?
IMMIGRATION NEWS AND
VIEWS: Obama's
November 20th, 2014
Executive Actions
Announcement | H-4
Applicants May Be Able to
Work | EAD Card for H-1B
Derivatives.
UPCOMING NPZ
LAW SPEAKING
EVENTS:

was made at a meeting at a meeting at the Brookings Institute to
ways that we can improve the STEM extension program to allow
international students to apply for STEM extensions and/or to
expand the categories that can apply for STEM extensions. But
this is only a temporary fix. We need to consider more proactive
ways to allow STEM workers to make contributions and to grow
businesses in the U.S.
A short anecdote . . . a few years back, during the summer, we
had an international student living with us and working in CPT at
a local IT start-up company several miles away. In the mornings,
another worker (a U.S. worker and Citizen at that company)
would come to our residence to pick-up the student to take him to
work. The U.S. worker came to know that NPZ was assisting the
IT Company to incorporate and with regard its U.S. business
immigration law needs. The U.S. worker took me aside and said
. . . "thank you". He shared with me that for many years he was
unemployed and that due to the work of NPZ (and its staff) he
was given a new "lease on life". He got a job opportunity to
contribute to a growing venture. Now, in its third year of
business, that IT company's business is booming and they have
hired 5 to 7 additional U.S. workers.
Our immigration system shouldn't be based on "chance". Foreign
entrepreneurs who want to contribute to economic growth,
expand opportunity, and create jobs for native-born Americans,
shouldn't have their futures depend on what is tantamount to a
"roll of the dice". Let's NOT be the April Fools!
For more information about the U.S. and Canadian immigration
law services of the Nachman Phulwani Zimovcak (NPZ) Law
Group, please feel free to contact us at info@visaserve.com or
you can feel free to call our offices at 201-670-0006 (x107). The
VISASERVE TEAM looks forward to assisting you, your
colleagues and your friends and family members. For more
information, please feel free to visit our information-packed
website at http://www.visaserve.com
PRESIDENT OBAMA ASKED FOR IT IN NOVEMBER
2014 . . . NOW, HERE IT IS . . . THE USCIS
PROMULGATES L-1B GUIDANCE MEMORANDUM
HELPING TO MORE CLEARLY DEFINE WHAT IS
"SPECIALIZED KNOWLEDGE" FOR L-1B
INTRACOMPANY TRANSFEREES.
U.S. Citizenship and Immigration Services (USCIS) Director
León Rodríguez recently announced the release of an updated
policy memorandum (the "Memorandum") on the L-1B
nonimmigrant visa classification for workers with "specialized
knowledge".
The Memorandum seeks to clarify how L-1B petitioners may
demonstrate that an intended L-1B intracompany transferee
employee has specialized knowledge. The Memorandum will be
posted on-line for a 45-day public feedback period. The
Memorandum is slotted to go into effect on August 31st, 2015.
The immigration and nationality lawyers at Nachman Phulwani


NPZ Law Group
Managing Attorney,
David Nachman,
Esq. will be
Presenting at Two
(2) Upcoming
Events in Gujarat,
India, next week.
See Flyers above
for more
information and
please feel free to
share with friends
and family and your
colleagues.

Additionally, NPZ
Law Group
Attorneys, Felicia
Zeidman, Esq. and
David Nachman,
Esq. will be
presenting a Panel
on U-Visas, Visas
for Victims of
Certain Crimes,
along with the
Camden County
Prosecutor's Office
in Eatontown, NJ,
on May 7th, 2015.
Please contact us at
info@visaserve.com
for more
information.
Zimovcak (NPZ) Law Group, P.C. are working closely with
other immigration attorneys at a national-level to provide
comments to the Memorandum. NPZ continues to seek more and
additional "objective" methodologies and "reasonable" guidance
for inclusion in the Memorandum to assist L-1B petitioners and
visa hopefuls to understand the legal standards for this important
visa classification.
"This policy memorandum, once it goes into effect, will help
companies in the United States better use the skills of talented
employees in the global marketplace," said Rodríguez, the
USCIS Director. "These changes maintain the integrity of the L-
1B program while recognizing the fluid dynamics of the 21st
century business world. We listened to the concerns of our
partners to develop this policy and look forward to the public's
feedback."
The Memorandum is a "work in process" and VISASERVE will
continue to keep its readers updated about new developments as
they emerge with regard to this important and burgeoning area of
the business immigration law.
FOR DETAILED INFORMATION ABOUT THE NEW L-1B
MEMORANDUM, PLEASE CLICK HERE . . .
OCI CARDHOLDER: INDIA OFFERS MULTIPLE
ENTRY & MULTI-PURPOSE LIFE-LONG VISA TO
ITS OVERSEAS CITIZENS. By: Michael Phulwani,
Esq., David H. Nachman, Esq., and Rabindra K. Singh,
Esq.
The Indian Prime Minister, Mr. Narendra Modi, during his last
visit to the United States, had promised to the Indian community
about a life-time visa and exemption from the requirement of
registering with police authorities during long-term stays in India
for Persons of Indian Origin (PIO) [1].

Giving effect to the Prime Minister's promise, the Central
Government of India [2] through a Gazette Notification [3]
notified that that the PIO card scheme has been merged with the
OCI scheme [4] and the new scheme will be referred
as"Overseas Citizen of India (OCI) cardholder. The new scheme
need not be confused with dual citizenship because the
Constitution of India does not offer dual citizenship. This is only
a scheme to bring PIO and OCI in parity.

FOR DETAILED INFORMATION ABOUT THE "OCI
CARD ELIGIBILITY REQUIREMENTS, BENEFITS AND
MORE", PLEASE CLICK HERE . . .
SO H-4 DEPENDENTS CAN WORK? BUT CAN USCIS
ISSUE EADS IN A TIMELY MANNER? DHS
EXTENDS ELIGIBILITY FOR EMPLOYMENT
AUTHORIZATION TO CERTAIN H-4 DEPENDENT
SPOUSES OF H-1B NONIMMIGRANTS SEEKING
EMPLOYMENT-BASED LAWFUL PERMANENT
RESIDENCE.





*******

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U.S. Citizenship and Immigration Services (USCIS) Director
León Rodríguez announced recently that, effective May 26,
2015, the Department of Homeland Security (DHS) will be
extending eligibility for employment authorization to certain H-4
dependent spouses of H-1B nonimmigrants who are seeking
employment-based lawful permanent resident (LPR) status. DHS
amended the regulations to allow these H-4 dependent spouses to
accept employment in the United States.
Finalizing the H-4 employment eligibility was an important
element of the immigration executive actions President Obama
announced in November 2014. Extending eligibility for
employment authorization to certain H-4 dependent spouses of
H-1B nonimmigrants is one of several initiatives underway to
modernize, improve and clarify visa programs to grow the U.S.
economy and create jobs.
While we certainly hail the initiatives in this area by the President
and by the USCIS, we have to wonder about the ability of the
USCIS to be able to issue Employment Authorization Documents
(EADS) in a timely manner to H-4 applicants.
FOR MORE INFORMATION ABOUT THE "H-4
EMPLOYMENT AUTHORIZATION" TO BE EFFECTIVE
MAY 26th 2015, PLEASE CLICK HERE . . .
TECHNOLOGY UPGRADES AT USCIS BENEFIT
GREEN CARD RENEWAL APPLICANTS: FORM I-90
NOW AVAILABLE ON ELIS.
The Form I-90, Application to Replace Permanent Resident Card,
is now available in the USCIS Electronic Immigration System
(ELIS). USCIS ELIS is an online, account-based system that
allows applicants to submit and view certain immigration benefit
requests and to receive electronic notification of decisions and
real-time case status updates.

USCIS conducted a 72-hour limited introduction of the Form
I-90 in ELIS in November 2014. Improvements to the Form
I-90 were made based on user feedback gathered during
the limited introduction. USCIS is currently processing
applications filed during this period and will consider them
in the order in they were received.

FOR MORE DETAILED INFORMATION ABOUT ELIS
ANF FORM I-90, PLEASE CLICK HERE . . .

ANOTHER H-1B NONIMMIGRANT VISA LOTTERY
IS LOOMING: NOW IS THE TIME TO START TO
THINK ABOUT YOUR H-1B BACK-UP PLAN.
Last year, at about this time, the USCIS announced that it has
received 172,500 H-1B petitions for the fiscal year 2015 which
began on October 1st, 2014. The H-1B lottery (also referred as
"random selection process ") is likely to be conducted again this
year and, in a few weeks, the USCIS will begin to send out H-1B

- - - - - - - - - - - -
:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com

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receipt notices.
With uncertainty looming large as to who may or may not "win
the lottery" or who may or may not cross the 'threshold' hurdle of
H-1B visas, it is time that H-1B visa hopefuls (and their
prospective H-1B employers) start to explore other
nonimmigrant work visa options to allow them to work and live
in the United States on a temporary basis.
This article is timely in nature and it seeks to capture and present
some of the possible nonimmigrant work visa options that may
be available to prospective H-1B visa beneficiaries who do not
"win the H-1B lottery" this fiscal year and who do not get
counted toward the 2016 Fiscal Year H-1B cap.

FOR DETAILED INFORMATION ABOUT H-1B BACK-UP
PLANS, PLEASE CLICK HERE . . .
VISA BULLETIN FROM DOS: THE APRIL 2015 VISA
BULLETIN IS OUT - IS YOUR PRIORITY DATE
CURRENT?
DOS recently released the April 2015 Visa Bulletin. There continues
to be positive news for several immigrant visa categories. There is
continued progression of the Philippines EB-3, the Worldwide-All
Other EB-3, the Mexican EB-3 dates. These are now at October
2014, which is the closest to CURRENT that they have been in
years.

India EB-2 moved forward too. It moved to September 2007,
representing a two and a half year increase in the last three months.
Chinese numbers have righted themselves. For two years the
Chinese EB-3 has been more favorable than Chinese EB-2.
Chinese EB-2 is now further along then EB-3 Priority date.

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.
Obama's November 20th, 2014 Executive Actions
Announcement | H-4 Applicants Can Work | H-4 EAD
Card - How Long Will It Take To Get The EAD?

- - - - - - - - - - -
54/2515 Ashtavinayak
CHS, Gandhinagar,
Bandra (E)
Mumbai 400 051, India

ATT: Ms. Sangeeta
Dave

- Obama's November 20, 2014 Executive Action
- Injunction on Executive Action which has placed DACA and DAPA
on temporary hold because of Judge Hanen's decision.
- Injunction is a Temporary Restraining Order (TRO) for Government
not to proceed with Executive Action.
- TRO is being appealed to the 5th Circuit:
a) An application for the dissolution of the TRO in the Texas Courts.
b) An appeal was filed with the appeals court.
- DACA applications are currently on hold.
- Previous DACA applicants are not affected.
- Claims of credit in passages of immigration reform.
H-4 Applicants may soon be able to work - May 26th, 2015.
- May 26, 2015, H-4 applicants will be able to apply for employment
authorization.

USCIS Releases Updated L-1B Guidance Memo on Specialized Knowledge Visas

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USCIS Releases Updated L-1B Guidance Memo on Specialized Knowledge Visas