U.S. IMMIGRATION LAW NEWS AND UPDATES: President Trump on US immigration, VISA MANTIS - Extreme Vetting, STEM for Students, Summer Travel for International Students, B-1/B-2 Visitor Visas, PERM Updates, Greater Brazilian Community Assistance with U.S. and Canada immigration, etc.
IBC (Insolvency and Bankruptcy Code 2016)-IOD - PPT.pptx
U.S. IMMIGRATION LAW NEWS AND UPDATES: President Trump on US im..
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Nachman Phulwani Zimovcak (NPZ) Law Group,
P.C. - U.S. and Canadian Immigration and
Nationality Law Newsletter and Updates.
In This Issue:
VISAS MANTIS AND
IMPLICATIONS FOR
TRUMP'S "EXTREME
VETTING" AND 221G
PROCESS.
DHS UPDATE FOR
INTERNATIONAL
STUDENTS: Summer
Vacation Reminders for
F-1 Students.
DHS CHANGE OF
STATUS UPDATE: B-
1/B-2 Visitors Who Want
to Enroll in School.
STEM OPT REMINDER:
ONE YEAR OF THE 24-
MONTH STEM OPT
EXTENSION.
H-1B WORKAROUND?
AS THE H-1B VISA IS
DISMANTLED, INDIAN
IMMIGRANTS LOOK TO
THE EB-5 VISA.
USCIS TPS UPDATES:
TEMPORARY
Dear Readers:
As the month of June draws to a close the immigration and
nationality lawyers at the Nachman Phulwani (NPZ) Law Group,
remind our loyal readers that a new "Entrepreneur Parole" rule is only
a few weeks away from implementation. Additionally, we are closely
monitoring the challenges to President Trump's Travel ban. We
anticipate that a Supreme Court showdown is right around the corner.
This past week NPZ lawyers continued pro bono outreach through a
variety of NGO organizations and their members. We continue to
remind foreign nationals in the U.S. that they do possess
constitutional protections. If any of our readers are not familiar with
these rights, we invite them to e-mail to us at info@visaserve.com
and will will send a "Know Your Rights" card that they can carry
with them always.
We continue our extensive outreach into the Hispanic, Portuguese,
Gujarati and Israeli communities (among others). If you may be
interested in organizing a FREE presentation with or through an NGO
or a Professional Association or Organization (by a member of our
staff), please let us know.
Some recent changes to the USCIS Directorate seem to point in the
direction of H-1B reform. Of course, this is no surprise to our
2. PROTECTED STATUS
FOR HAITI EXTENDED
FOR ONLY SIX
MONTHS.
PERM UPDATE: OFLC
ANNOUNCES CHANGE
TO THE PERM
SPONSORSHIP
VERIFICATION
PROCESS.
DOS VISA BULLETIN
UPDATE: VISA
BULLETIN FOR JUNE
2017 - IF YOUR
PRIORITY DATE IS
CURRENT, PLEASE LET
US KNOW?
CANADA
IMMIGRATION: Love à
La "Green Card" By:
Veronique Malka, Esq. -
Managing Attorney of the
CLG at NPZ.
US IMMIGRATION
INFORMATION FOR
THE GREATER
BRAZILIAN
COMMUNITY: Saiba
como solicitar o green
card no caso de
casamento..
U.S. IMMIGRATION
INFORMATION FOR
THE GREATER
BRAZILIAN
COMMUNITY: Nova
regra para
empreendedores
estrangeiros nos EUA
entra em vigor em 15 de
julho.
NPZ LAWYERS LOOK
AT THE H-1B LOTTERY:
H-1B SEASON 2017-
2018 - SEEMS LIKE WE
ARE HAVING ANOTHER
LOTTERY. WHAT IS
YOUR H-1B BACK-UP
PLAN?
"EXTREME VETTING":
CHANGES TO THE
VETTING PROCESS
PROPOSED BY
PRESIDENT TRUMP.
UPCOMING
NPZ EVENTS:
Webinar-
Immigration Related
immigration lawyers and immigration staff given the recent uptick in
H-1B and L-1A audits and investigations that appear to have been
initiated in all industrial sectors.
The U.S. and Canadian immigration and nationality lawyers at the
Nachman Phulwani Zimovcak (NPZ) Law Group continue to closely
monitor recent developments in the U.S. and the Canadian
immigration and nationality arenas. We do so in order to continue to
better serve our clients.
If you, your family, your friends or your colleagues require any
immigration and/or nationality law assistance, please feel free to e-
mail us at info@visaserve.com or call us at 201-670-0006 (x107).
TRUMPISM UPDATE: VISAS MANTIS AND
IMPLICATIONS FOR TRUMP'S "EXTREME VETTING".
In recent months, a Presidential Memorandum, leaked Department of
State cables, and a Federal Register notice have detailed the Trump
Administration's plans to implement "Extreme Vetting" of
individuals determined by consular officers to warrant additional
scrutiny in connection with terrorism or other national security-
related ineligibilities. Although it is impossible to know what the
exact implementation mechanism and full impact of "Extreme
Vetting" will be on individuals seeking U.S. visas at this early stage
in the process, it may useful to apply the lessons of the VISAS
MANTIS program, which was established in 1998 to apply
increased scrutiny in connection with illicit technology transfer.
TO READ MORE, PLEASE CLICK HERE . . .
DHS UPDATE FOR INTERNATIONAL STUDENTS:
Summer Vacation Reminders for F-1 Students.
As several U.S. schools prepare to end their current terms and begin
a summer recess, we want to remind F-1 students to regularly visit
the "Study in the States" blogsite during your break to keep informed
about maintaining your status.
To help kick-off the summer vacation, take a minute to re-read some
of these previously published "Study in the United States" posts
written specifically to help F-1 students prepare for their time away
from the classroom.
TO READ MORE, PLEASE CLICK HERE . . .
DHS CHANGE OF STATUS UPDATE: B-1/B-2 Visitors
Who Want to Enroll in School .
Per the federal regulations, B-1 and B-2 nonimmigrants (i.e., visitors
who are in the United States for business and pleasure purposes) are
prohibited from enrolling in a course of study at a U.S. Student and
Exchange Visitor Program (SEVP-certified school).
If you are a B-1 or B-2 nonimmigrant and wish to study at a U.S.
school, you must file a Form I-539, "Application to Extend/Change
Nonimmigrant Status," with the U.S. Citizenship and Immigration
3. Employment Audits
and Investigations
Location: Online
Date: May 24th, 2017
Time: 12:00 PM - 1:40
PM ET
- - - - -
U.S. Immigration
Law Basics
Location:
New Jersey Law Center
1 Constitution Sq. New
Brunswick, NJ 08901
Date: June 28th, 2017
Time: 9:00 AM - 4:00
PM ET
- - - - -
Building Bridge or
Building Walls?
Crossing the Canada -
U.S. Border in the Era
of Trudeau and
Trump
When:
Thursday, June 8th, 2017
Time:
3 PM to 4:30 PM
Where:
Twenty Toronto Street
Conference and Event
20 Toronto Street
2nd Floor
Toronto, CANADA
FOR DETAILED
INFORMATION,
PLEASE CLICK
HERE . . .
----------------
Services (USCIS) to change to either an F-1 or M-1 status and pay
the required fee and include the required documents listed in the
instructions. While your Form I-539 is pending, you must maintain
your B-1 or B-2 status and cannot enroll in your SEVP-certified
program until USCIS approves your change of status request.
Enrolling in a course of study as a B-1 or B-2 nonimmigrant, prior to
receiving authorization, will result in a status violation and
ineligibility to extend your B status or change to F-1 or M-1 status in
the future.
TO READ MORE, PLEASE CLICK HERE . . .
STEM OPT REMINDER: ONE YEAR OF THE 24-MONTH
STEM OPT EXTENSION.
On May 10th, 2016, the U.S. Department of Homeland Security's
rule for the 24-month science, technology, engineering and
mathematics (STEM) optional practical training (OPT) extension
went into effect.
The rule strengthened oversight of the STEM OPT extension and
enhanced DHS' mission by requiring that:
Students work with their employer to complete a Form I-983,
"Training Plan for STEM OPT Students," that clearly articulates a
student's learning objectives and their employer's commitment to
helping them achieve those objectives.
DHS performs site visits to employers that train STEM OPT
students to confirm that the information included on the student's
Form I-983 is accurate and reduces the potential for abuse of the
STEM OPT extension.
Students, employers and designated school officials each complete
specific reporting requirements throughout a student's STEM OPT
extension.
TO READ MORE, PLEASE CLICK HERE . . .
H-1B WORKAROUND? AS THE H-1B VISA IS SLOWLY
DISMANTLED, INDIAN IMMIGRANTS LOOK TO THE
EB-5 VISA.
What are the requirements for an EB-5 visa?
The H-1B visa program will soon be changing. President Trump has
stated that he will sign an executive order calling for review of the H-
1B immigration visa. Through the H-1B program, companies can
bring in immigrant workers who work in a specialty occupation.
Specialty occupations could include technology, chemistry, social
sciences, education, law, and the like. In practice, most H-1B visas
have gone towards workers in the technology field, with many
coming out of India and Southeast Asia. Now, Indian workers
looking to immigrate into the U.S. may turn to the EB-5 visa
program.
The EB-5 immigrant investor visa program was created by Bill
Clinton in the '90s. Under the program, immigrants can become a
4. - - - - - - - - - - - -
:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
OUR OFFICES*:
NORTHERN NEW
JERSEY OFFICE:
VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006
(x107)
Please feel free to ask
about our Branchburg,
New Jersey Satellite
Office and our
presence in Boston,
MA. and in Chicago, IL.
* Please note that our
immigration law
conditional permanent resident within two years and move towards
permanent resident status shortly thereafter. To be eligible for the
EB-5 visa, the alien must have established a business or invested in
an existing business. Investments must amount to at least $500,000
or $1 million, depending on factors surrounding the business.
TO READ MORE, PLEASE CLICK HERE . . .
USCIS TPS UPDATE: TEMPORARY PROTECTED
STATUS FOR HAITI EXTENDED FOR ONLY SIX
ADDITIONAL MONTHS.
On May 24th, USCIS issued a press release stating that the
Secretary of Homeland Security John F. Kelly has extended
Temporary Protected Status (TPS) for eligible nationals of Haiti (and
eligible individuals without nationality who last habitually resided in
Haiti) through January 22nd, 2018. After consulting with the
appropriate U.S. government agencies and reviewing country
conditions, Secretary Kelly has determined that a limited, six-month
extension is warranted. Although Haiti has made significant progress
in recovering from the January 2010 earthquake that prompted its
designation, conditions in Haiti supporting its designation continue to
be met at this time.
Current beneficiaries of Haiti's TPS designation seeking to extend
their TPS must re-register by July 24th, 2017. TPS beneficiaries who
re-register may request a new Employment Authorization Document
(EAD). Those who re-register and request a new EAD during the 60-
day re-registration period may receive an automatic extension of their
expiring EAD for up to 180 days from the date their current EAD
expires.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
PERM UPDATE: OFLC ANNOUNCES A CHANGE TO
THE PERM SPONSORSHIP VERIFICATION PROCESS.
The Office of Foreign Labor Certification (OFLC) is currently
working to streamline the PERM sponsorship verification process.
Effective May 13th, 2017, OFLC updated the automated email
request for sponsorship verification process, allowing the employer
to respond within 30 days by directly accessing the sponsorship
questionnaire online. Employers who do not respond within seven (7)
calendar days will be sent a follow up email reminding them that it
has 23 days left to respond to the sponsorship request.
If applicable, the employer's attorney/agent will also receive a
courtesy e-mail regarding the employer's timeframe to respond to the
sponsorship request. Failure to respond to the request within the
established timeframe will result in a denial for failure to comply
with the request for sponsorship verification. These emails will
inform both the employer and the employer's attorney/agent of the
consequences of failing to comply with the request for sponsorship
verification.
TO READ MORE, PLEASE CLICK HERE . . .
DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR
5. practice is national and
international in scope.
We assist our clients
throughout the U.S. and
throughout the world.
OUR NEW -
CENTRAL NEW
JERSEY OFFICE:
1348 U.S. 202
Neshanic Station
NJ 08853
Phone: 1-866-599-3625
NEW YORK CITY
OFFICE:
108 West 39th Street
8th Floor, Suite 800
New York, NY 10018
Phone: 1-866-599-
3625
INDIANA OFFICE:
Indianapolis City
Center
201 North Illinois Street
16th Floor, South
Tower
Indianapolis, IN 46204
Phone: 317-936-6600
INDIA AFFILIATED
OFFICES:
Kaival Chalishazar,
Adv.
Kaival Chalishazar &
Co.
22 Vasant Kunj
New Sharda Mandir
Road, Paldi,
Ahmedabad 380007,
India
ATT: Call Kaival at
x107
(This office provides
"on the ground"
services to our Indian
clients such as India
Divorce, India Real
Estate Purchase and
Sale, Business Sale
Purchase, Adoption,
JUNE 2017 - IF YOUR "PRIORITY DATE" IS CURRENT
PLEASE LET US KNOW?
Employment-Based Preference Categories. Increased demand across
the employment-based preferences, including EB-4 and EB-5, has
significantly decreased the "otherwise unused numbers" which have
traditionally trickled up to EB-1 and potentially down to EB-2. For
example, in FY 2016, Special Immigrant Juvenile cases used more
than 50% of the entire EB-4 annual limit, thus preventing many of
those 5,200 numbers to potentially become available for use by EB-
1 applicants. This, together with high EB-1 Worldwide demand, has
contributed to a situation where EB-1 India and EB-1 China now
have a final action cut-off date, and in which EB-2 China and EB-2
India number usage is restricted to their annual limits. This is
creating significant pressure on these categories that is not likely to
abate in the foreseeable future.
TO READ MORE, PLEASE CLICK HERE . . .
CANADA IMMIGRATION UPDATES
FROM NPZ'S CLG.
Love à La "Green Card" By: Veronique Malka, Esq.
Canada has just pronounced itself on how it views marriage fraud
and its relationship to false sponsorships.
Do you remember the movie "Green Card," starring Gérard
Depardieu, in which the protagonist from France (Depardieu) married
a U.S. citizen solely to obtain permanent residence (the "green card")
in the U.S.A.? Of course, à la Hollywood, in that movie the applicant
ended up truly falling in love with the sponsor and they lived happily
ever after. However, in real life, when there is marriage fraud, this
almost never happens.
TO READ MORE, PLEASE CLICK HERE . . .
NPZ ASSISTS THE GREATER BRAZILIAN
COMMUNITY - OUR STAFF SPEAKS
PORTUGUESE AND MANY OTHER
LANGUAGES.
Saiba como solicitar o green card no caso de casamento.
Solicitar o green card por meio do casamento com um cidadão dos
Estados Unidos é o meio mais rápido de se tornar residente
permanente e posteriormente cidadão americano. Os solicitantes do
green card por esse meio, porém, podem enfrentar desafios para
serem aprovados.
TO READ MORE, PLEASE CLICK HERE . . .
6. Litigation and High
Court Complaints).
- - - - - - - - - - -
Law Office of Michael
Phulwani
F603 Remi Biz Court
Veera Desai Road
Andheri West
Mumbai 400 053, India
Call us at 201-670-
0006 (x104) for
contact details.
- - - - - - - - - - - -
Shekhar Raj Sharma
SRS Legal
A1/134, Safdurjung
Enclave,
Lower Ground Floor
New Delhi-29, India
(This office provides "on
the ground" services to our
Indian clients such as India
Divorce, India Real Estate
Purchase and Sale,
Business Sale Purchase,
Adoption, Litigation and
High Court Complaints)
Nova regra para empreendedores estrangeiros nos EUA
entra em vigor em 15 de julho.
O Departamento de Segurança Interna dos Estados Unidos (DHS, na
sigla em inglês) divulgou a versão final da Regra Internacional de
Empreendedor, que altera os regulamentos quanto à autoridade
condicional (tradução livre para o termo em inglês "parole", que
também significa liberdade condicional) da agência para impulsionar
o empreendedorismo, a inovação e a criação de empregos no país.
TO READ MORE, PLEASE CLICK HERE . . .
CHECKOUT VISASERVE'S REGULARLY
UPDATED YOUTUBE VIDEO LIBRARY
(SOME SELECTIONS BELOW) ABOUT U.S.
AND CANADIAN IMMIGRATION LAWS:
"IMMIGRATION NEWS AND VIEWS" - NPZ'S
NEW PRACTICAL SERIES ON YOUTUBE
ABOUT VARIOUS U.S. AND CANADIAN
IMMIGRATION LAW ISSUES.
Check us out at . . .
Nachman Phulwani Zimovcak Law Group
YOUTUBE Video Library. U.S. Immigration and
Naturalization Assistance is only one "click"
away!
NPZ LAWYERS LOOK AT THE H-1B LOTTERY -
LOTTERY AGAIN? SEEMS SO! STAY TUNED.
The H-1B is a nonimmigrant visa in the United States under the
Immigration and Nationality Act, Section 101(a)(17)(H). It allows
U.S. employers to temporarily employ foreign workers in
specialty occupations. If a foreign worker in H-1B status quits or
is dismissed from the sponsoring employer, the worker must
7. either apply for and be granted a change of status to another
nonimmigrant status, find another employer (subject to
application for adjustment of status and/or change of visa), or
leave the U.S. effective January 17th, 2017, USCIS modified the
rules to allow a grace period of up to 60 days.
The regulations define a "specialty occupation" as requiring
theoretical and practical application of a body of highly
specialized knowledge in a field of human endeavor including but
not limited to biotechnology, chemistry, architecture, engineering,
mathematics, physical sciences, social sciences, medicine and
health, education, law, accounting, business specialties,
theology, and the arts, and requiring the attainment of a bachelor's
degree or its equivalent as a minimum (with the exception of
fashion models, who must be "of distinguished merit and ability").
Likewise, the foreign worker must possess at least a bachelor's
degree or its equivalent and state licensure, if required to practice
in that field. H-1B work-authorization is strictly limited to
employment by the sponsoring employer.
NPZ LAWYERS TALK ABOUT TRUMP'S AIM TO DO
EXTREME VETTING: CHANGES TO THE VETTING
PROCESS PROPOSED BY PRESIDENT TRUMP.
Donald Trump's speech on the threat of radical Islam included a
section about immigration policy that has the usual suspects in a
tizzy. This section focused not on terrorism, but rather on what
Andy McCarthy calls the "grand jihad," the importation of
Islamist ideology that rejects our constitutional order and open
society.
In his trademark manner, Trump departed from the prepared text to
Archie Bunker-ize the speech by calling this "extreme vetting,"
which is not the phraseology you should use once you've won
the nomination and are trying to persuade the middle-of-the-road
voter in Ohio and Florida. But rather than calling for body-cavity
searches, as this label might suggest, he was instead calling for
ideological/values screening, with the commonsense goal that
"we should only admit into this country those who share our