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OUR OFFICES:
NEW JERSEY OFFICE:
VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006 (x107)
NEW YORK 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
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, Litigation and High Court Complaints).
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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.
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Dear Readers:
The President-Elect is Donald Trump. Defying the odds and the so-called "pollsters", Mr. Trump defeated Secretary Clinton in Electoral Votes with relative ease. Since November 9th our immigration law offices have been inundated with inquiries from the media, from employers (and others) about what the "Trump Administration" may mean for the future of U.S. immigration and nationality law.
As a prelude to some of the proffered Trump Initiatives, NPZ Law Group promulgated a YouTube video which discusses the 10 campaign points about immigration proposed by Mr. Trump. We invite you to view this YouTube video at the link referenced below.
The most dramatic concern that we are receiving are from ISO and DSO staff at academic institutions throughout the U.S. They are asking about the future prospects of DACA and DAPA. These programs are administrative actions that were undertaken by the Obama Administration to deal, in a measured manner, with the unauthorized foreign nationals in the United States. As information about these programs emerge we will keep our loyal readers posted.
This past week the USCIS published a new I-9 Form. The new I-9 Form has many new "bells and whistles". All employers are reminded to prepare I-9 Forms for all of their employees to avoid civil (and other) penalties. Try to conduct an internal audit soonest.
We remind our readers that we are US and Canadian immigration and nationality lawyers. Please feel free to contact us with any questions you might have with regard to U.S. or Canadian immigration law by e-mailing us at
info@visaserve.com or by contacting us at 201-670-0006 (x107).
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TRUMP'S U.S. IMMIGRATION PLAN: THE U.S. IMMIGRATION LAW UNDER THE SOON-TO-BE PRESIDENT DONALD TRUMP.
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With President-Elect Donald Trump coming into the Office of the President in 2017, we have received numerous questions mostly centering around: "How the U.S. Immigration Laws will be different under President Trump?". Mr. Trump's 10 point Immigration Plan was alluded to during his campaign. The focus of the immigration law plan will be on building a impenetrable wall, ending "catch and release" programs, deporting illegal immigrants, ending DACA and DAPA, reforming legal immigration, and modifying the biometric entry process.
As U.S. and Canadian Immigration Law Attorneys and Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., we remain vigilant about how this part of Mr. Trump's initiatives will be implemented. In fact, based upon a new "reading of the tea leaves", it would appear that we may be poised for the potential to see the successful implementation of a Comprehensive Immigration Reform (CIR) Bill. We invite you to stay tuned!!!!
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INCREASED FEES COMING: USCIS ANNOUNCES FINAL RULE ADJUSTING IMMIGRATION BENEFIT APPLICATION AND PETITION FEES.
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On October 24th, 2016, U.S. Citizenship and Immigration Services (USCIS) announced a final rule published in the Federal Register adjusting the fees required for most immigration applications and petitions. The new fees will be effective December 23rd.
USCIS is almost entirely funded by the fees paid by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews every two (2) years to determine the funding levels necessary to administer the nation's immigration laws, process benefit requests and provide the infrastructure needed to support those activities.
Fees will increase for the first time in six years, by a weighted average of 21 percent for most applications and petitions. This increase is necessary to recover the full cost of services provided by USCIS. These include the costs associated with fraud detection and national security (FDNS), customer service and case processing, and providing services without charge to refugee and asylum applicants and to other customers eligible for fee waivers or exemptions.
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THE THREE- AND TEN-YEAR BARS: HOW NEW RULES EXPAND ELIGIBILITY FOR WAIVERS.
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Most Americans take it for granted that marriage to a U.S. citizen and other family relationships entitle an immigrant to permanent residence (a green card), but there are barriers that often prevent or delay these family members from becoming lawful permanent residents, even if they are already in the United States. Among these barriers are the "three- and ten-year bars," provisions of the law which prohibit applicants from returning to the United States if they depart after having previously been in the country illegally.
Many people who qualify for green cards based on their relationships to a U.S. citizen or lawful permanent resident relative are caught in a Catch-22 -under current law they must leave the United States to apply for their green card abroad, but as soon as they depart, they are immediately barred from re-entering the country for a period of time.
In other words, because of the punitive effect of our immigration laws, immigrants who have a chance to legalize their status may not be able to do so. Instead, they must choose between leaving the United States and taking the risk they might not be able to return, or remaining in the country without legal status.
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EB-5 INVESTOR VISAS: NPZ's INFORMATIVE PRESENTATION ON EB-5 INVESTOR VISAS.
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USCIS administers the EB-5 program, created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot program enacted in 1992, and regularly reauthorized since then, investors may also qualify for EB-5 visas by investing through regional centers designated by USCIS based on proposals for promoting economic growth.
NPZ Law Group, P.C., Managing Attorney, David Nachman, Esq., brings to you an informative presentation about the EB-5 Investor Visa that will help to understand the basic requirements of EB-5 visa, types of investment(s) needed, Direct Investment vs. Regional Center Investment, EB-5 Process and Timelines, Benefits of EB-5 Program and much more.
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IMMIGRATION ISSUES FOR MERGERS, ACQUISITIONS, RESTRUCTURINGS AND HOW THESE IMPACT FOREIGN YOUR NATIONAL WORKERS.
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As our economy continues to show few signs of "predictability", company mergers, acquisitions and restructurings ("transactions") are likely to continue. In general, since a merger, acquisition or restructuring is a "corporate transaction", the immigration issues often get left in the dust.
For this reason, it is important that immigration repercussions that arise from a merger, acquisition or restructuring are considered and that Business Immigration Lawyer is brought into the "deal" or arrangement at the appropriate time - earlier rather then later. This is especially the case since Business Immigration Attorneys may be able to save money for the parties to the transaction.
Immigration regulations closely tie the employer's identity, location and ownership structure; any change from the merger/acquisition may immediately invalidate an alien employee's non-immigrant visa. The loss of non-immigrant visa validity could immediately affect an employee's work status in the U.S.
For example, if a transaction is undertaken and the successor party fails to amend the H-1B petition and/or the underlying Labor Condition Application (the "LCA") then the H-1B nonimmigrant may be out of status. The U.S. Department of Homeland Security (DHS), Citizenship and Immigration Service ("CIS") has made it clear that there is no "grace period" and that once an H-1B nonimmigrant is no longer employed with the H-1B sponsor then the individual is deemed to be out-of-status.
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USCIS REVISES FORM I-9, USED FOR ALL NEW HIRES IN U.S.
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On November 14th, 2016, U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification.
By January 22nd, 2017, employers must use only the new version, dated 11/14/2016. Until then, they can continue to use the version dated 03/08/2013 or the new version.
Among the changes in the new version, Section 1 asks for "other last names used" rather than "other names used," and streamlines certification for certain foreign nationals. Other changes include: The addition of prompts to ensure information is entered correctly, the ability to enter multiple preparers and translators, a dedicated area for including additional information rather than having to add it in the margins, a supplemental page for the preparer/translator.
The revised Form I-9 is also easier to complete on a computer. Enhancements include drop-down lists and calendars for filling-in dates, on-screen instructions for each field, easy access to the full instructions, and an option to clear the form and start over. When the employer prints the completed form, a quick response (QR) code is automatically generated, which can be read by most QR readers.
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EMPLOYER AND HR MANAGER ALERT: THE REVISED FORM I-9 IS NOW LIVE!
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USCIS published a revised version of Form I-9, Employment Eligibility Verification. Employers may continue using Form I-9 with a revision date of 03/08/2013 N. through January 21st, 2017. By January 22nd, 2017, employers must use the revised form.
These are some of the changes in the new version:
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The U.S. Department of State (DOS) recently released the December 2016 Visa Bulletin. This is the third Visa Bulletin for the Fiscal Year. As with other Visa Bulletins - there is some good news and there is some bad news! In the employment-based, second preference (EB-2) category, the cut-off date for India moves ahead by three months, to February 1st, 2008. EB-2 for China advances by just over two months, to September 22nd, 2012. For the employment-based, third preference (EB-3) category, India moves forward by only one week, to a new cu-toff date of March 15th, 2005. Meanwhile, EB-3 for China moves up by 10 weeks, to July 1st, 2013.
Also, and worthy of noting, is that USCIS is reporting that for the December 2016 Visa Bulletin, the following PRIORITY DATES are applicable:
For Family-Sponsored Filings:
Use the Dates for Filing Family-Sponsored Visa Applications chart.
For Employment-Based 1st through 4th Preference Filings:
Use the Dates for Filing of Employment Based Visa Applications chart.
For Employment-Based 5th Preference Filings:
Use the Final Action Dates chart.
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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 . . .
https://www.youtube.com/watch?v=3Crfb5L_vlo
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US IMMIGRATION LAW UNDER President Trump's | 10-POINT IMMIGRATION PLAN:
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Donald J. Trump's 10 Point Plan to Put America First
2. End catch-and-release. Under a Trump administration, anyone who illegally crosses the border will be detained until they are removed out of our country.
3. Move criminal aliens out day one, in joint operations with local, state, and federal law enforcement. We will terminate the Obama administration's deadly, non-enforcement policies that allow thousands of criminal aliens to freely roam our streets.
4. End sanctuary cities.
5. Immediately terminate President Obama's two illegal executive amnesties. All immigration laws will be enforced - we will triple the number of ICE agents. Anyone who enters the U.S. illegally is subject to deportation. That is what it means to have laws and to have a country.
6. Suspend the issuance of visas to any place where adequate screening cannot occur, until proven and effective vetting mechanisms can be put into place.
7. Ensure that other countries take their people back when we order them deported.
8. Ensure that a biometric entry-exit visa tracking system is fully implemented at all land, air, and sea ports.
9. Turn off the jobs and benefits magnet. Many immigrants come to the U.S. illegally in search of jobs, even though federal law prohibits the employment of illegal immigrants.
10. Reform legal immigration to serve the best interests of America and its workers, keeping immigration levels within historic norms.
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EB-5 INVESTOR VISA PROGRAM.
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The EB-5 visa provides a method of obtaining a
green card
for foreign nationals who invest money in the United States.To obtain the visa, individuals must invest $1,000,000 (or at least $500,000 in a
Targeted Employment Area
- high unemployment or rural area), creating or preserving at least 10 jobs for U.S. workers excluding the investor and their immediate family.Initially, under the first EB-5 program, the foreign investor was required to create an entirely new commercial enterprise; however, under the Pilot Program investments can be made directly in a job-generating commercial enterprise (new, or existing - "Troubled Business"), or into a "Regional Center" - a 3rd party-managed investment vehicle (private or public), which assumes the responsibility of creating the requisite jobs. Regional Centers may charge an administration fee for managing the investor's investment.
If the foreign national investor's petition is approved, the investor and their dependents will be granted conditional permanent residence valid for two years.Within the 90-day period before the conditional permanent residence expires, the investor must submit evidence documenting that the full required investment has been made and that 10 jobs have been maintained, or 10 jobs have been created or will be created within a reasonable time period.
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