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UPCOMING NPZ SPEAKING
EVENT:
U.S. IMMIGRATION WORK VISAS - A PRIMER FOR THE HUMAN RESOURCES PROFESSIONAL: HOW TO SELECT APPROPRIATE WORK VISAS (H-1B, L-1, O-1, E-1 OR TN)? HOW TO APPLY FOR A WORK VISA? WHO GETS A SOCIAL SECURITY CARD AND HOW? HOW DOES THE WORK VISA SQUARE WITH THE I-9 FORM AND E-VERIFY?
When: February 9th, 2016
Time: 5:30 PM to 7:30 PM
Where:
Rutgers Dinning Club on College Avenue, New Brunswick, NJ
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Quick Links
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:: 201-670-0006 (X100)
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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
Phone: 317-936-6600
VIRTUAL PRESENCE IN CHICAGO AND BOSTON.
INDIA AFFILIATED OFFICES:
Kaival Chalishazar, Adv.
Kaival Chalishazar & Co.
22 Vasant Kunj
New Sharda Mandir Road, Paldi, Ahmedabad 380007, India
ATT: Call Kaival at x130
(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
ATT: Ask for Sangeeta
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Dear Readers:
Everyone watched with great interest as the GOP candidates "duked-it-out" this past week with the Iowa Caucuses on the horizon. We heard a great deal of allegations about "flip-flopping" on the U.S. immigration law issue from Senator Cruz and Rubio. We also now know where to go to get Bush's book about immigration. However, we all need to pause to question "why" (all of a sudden) consistency in policy-making (especially with respect to immigration) is so important. Politics has always been, and it continues to be, filled with contradiction(s).
In fact, is not the sign of a good politician the ability to be "moderate"? Quoting Socrates, "moderation" lays somewhere along the spectrum of the "mean between the two extremes". In other words, this is not a "fixed point" but it is one that moves depending upon the "political winds" that blow in Washington. It continues to be clearly the case that the issue of U.S. immigration law will remain "center stage" throughout the election year.
This past month was an extremely busy one in the U.S. immigration and nationality law arena. As we prepare to enter the H-1B filing season, H-1B employers and employees continue to require deeper analyses of options and fallback positions. Human Resources Managers seem to be much more involved with the H-1B process. This especially seems to be the case with regard to being certain that H-1B visa petition preparation is accompanied by Public Access Folders (PAFs) and preparation for H-1B Site Visits by the FDNS Officers from the U.S. Department of Homeland Security (DHS).
Additionally, and in the wake of the tragic incidents in Paris and California, "administrative processing" delays at U.S. Consulates around the world (221G holds) continue to plague the visa process. However, we remain cautiously optimistic that fixes will soon be put into place to assure efficient visa processing protocols for the entry of immigrants and nonimmigrants where, and of course, the security of our nation remains paramount. We commend the Consular Officers around the world for their very hard work in this regard.
We remind our readers that we are U.S. and Canadian immigration lawyers and immigration attorneys and that we assist our clients, their friends, colleagues and families with immigration and nationality law assistance throughout the U.S. and the world. We have offices in NJ, NY and IN. We also have a presence in Boston and in Chicago. We also have Counsel offices in Canada and in India from where we are able to assist our clients. For any additional information or assistance, please feel free to e-mail to us at info@visaserve.com or you can call us anytime at 201-670-0006 (x107).
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CAN SUBMITTING MULTIPLE H-1B PETITIONS FOR A FOREIGN NATIONAL INCREASE THE CHANCES OF SELECTION DURING THE LOOMING H-1B LOTTERY IN APRIL 2016? BUT BEWARE, DO NOT "GAME" THE SYSTEM.
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 As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services ("USCIS") will start accepting new H-1B petitions for fiscal year 2017 on Friday, April 1st, 2016. As the filing date rapidly approaches, prospective H-1B employers should start to identify current and future employees who will require sponsorship for new H-1B petitions. Also, H-1B employers will want to start considering a back-up plan for those H-1B candidates that do not "win the lottery".
As a result of the lottery process, many prospective H-1B employers and foreign national applicants are reaching out to our Law Office's immigration attorneys with a variety of question about the H-1B nonimmigrant visa and the process for filing these visas. One question that we are frequently asked is "Can an employer submit multiple H-1B cap-subject petitions during one Fiscal Year? This strategy is sometimes referred to in the parlance as "multiple or duplicative H-1B visa filings". According to the USCIS guidelines, an employer may not file more than one H-1B petition for each prospective employee during the fiscal year.
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U.S DISTRICT COURT GRANTS A 90 DAY EXTENSION FOR STEM OPT RULE. FOREIGN STUDENT VISA WORK AUTHORIZATION SEES MUCH NEEDED RESPITE.
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On January 23rd, 2016, the U.S. District Court for the District of Columbia granted DHS' motion to extend the Stay Order of the STEM OPT until May 10th, 2016.
According to the August 12th, 2015 ruling, the Order vacated on procedural grounds, an interim final rule promulgated by DHS, but it stayed the effect of vacatur for six months in order to allow the U.S. Department of Homeland Security (DHS) to cure procedural defects. The Stay was set to expire on February 12th, 2016. The 90 day extension granted DHS time to issue a new rule thereby avoiding a regulatory gap.
According to DHS, there are approximately 23,000 STEM OPT participants; 2,300 dependents of STEM OPT participants; 8,000 pending applications for STEM OPT extensions; and 434,000 foreign students who may be eligible to apply for STEM OPT authorizations. If the stay was not extended, many of these people would be adversely affected, either by losing their existing work authorization, not being able to apply for the OPT extension, or not knowing whether they will be able to benefit from the extension in the future.
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H-1B VISA SEASON IS UPON US: WHAT H-1B EMPLOYERS NEED TO KNOW ABOUT THE LCA TO AVOID POTENTIAL DOL COMPLIANCE PITFALLS.
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The H-1B visa program permits a United States employer ("employer") to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act ("INA" or "Act") requires that an employer pay an H-1B worker the higher of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor ("DOL") before the alien may obtain an H-1B visa. The Act defines a "specialty occupation" as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor's degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application ("LCA") from the DOL.
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THE U.S. SUPREME COURT AGREES TO ACT ON PRESIDENT'S EXPANDED DACA AND ON DAPA.
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On Tuesday January 19th, 2016, the Supreme Court announced it would hear arguments in United States v. Texas. The highest court will now determine whether the President's deferred action initiatives announced in November 2014, known as expanded DACA and DAPA, constitute a lawful exercise of executive discretion. The Supreme Court's decision could clear the way for the initiatives to go forward as early as May/June of 2016. If that happens, expanded DACA and DAPA could provide temporary relief from removal to as many as five million people. It's important to note that the current, active DACA program that began in 2012, which now has more than half a million people enrolled, is not being challenged in this lawsuit.
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TEMPORARY STATUS UPDATE: TPS EXTENSION GRANTED FOR SOUTH SUDAN.
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On January 25th, 2016, Secretary of Homeland Security Jeh Johnson redesignated South Sudan for Temporary Protected Status (TPS) and extended the existing TPS designation for that country from May 3rd, 2016, through November 2nd, 2017, due to the ongoing armed conflict and extraordinary and temporary conditions in South Sudan that prevent its nationals from safely returning. These actions will allow eligible nationals of South Sudan (or persons without nationality who last habitually resided in South Sudan) to register or re-register for TPS in accordance with the
notice published in the Federal Register.
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THE FEBRUARY 2016 VISA BULLETIN: DOS REPORTS FEBRUARY 2016 VISA NUMBERS - IS YOUR PRIORITY DATE CURRENT? IF SO, PLEASE LET US KNOW.
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On January 8, 2016, the State Department published its Annual Report of Immigrant Visa Applicants as of November 1st, 2015,
with the total number of immigrant visa applicants (i.e., principals, spouses, and children) who are subject to the annual numerical limits and whose cases are on file at the National Visa Center. This "Waiting List" does not include individuals whose immigrant visa petitions are pending at USCIS. DOS is not aware of any efforts by USCIS to create and/or publish a similar waiting list at this time. READ MORE . . .
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SE HABLA ESPANOL - OUR STAFF SPEAKS SPANISH AND MANY OTHER LANGUAGES.
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ES LA TEMPORADA PARA ESTAR ALEGRE Y ES CASI LA TEMPORADA H-1B 2017.
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Como recordatorio a todos los empleadores de los Estados Unidos, la temporada H-1B ya casi está aquí! El Servicio de Inmigración y Ciudadanía de los Estados Unidos ("USCIS") comenzará a aceptar nuevas peticiones H-1B para el año fiscal 2017 el viernes, 1 de abril de 2016. Como tal, los empleadores deben comenzar a identificar de inmediato a los empleados actuales y futuros que requerirán el patrocinio de nuevas visas H-1B. A modo de antecedente, USCIS emite visas H-1B para trabajadores extranjeros que sirven en "ocupaciones especializadas a nivel profesional". Una ocupación especializada requiere la aplicación teórica y práctica de un cuerpo de conocimiento altamente especializado, a realizar por un trabajador con al menos el equivalente a un título de licenciatura en el campo. Tanto el puesto a cubrir como la cualificación del trabajador extranjero debe cumplir con los criterios para una ocupación especializada.
TO READ MORE, PLEASE CLICK HERE . . .
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"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
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H-1B SEASON 2016: ARE H-1B EMPLOYERS AND EMPLOYEES READY TO FILE CAP-SUBJECT PETITIONS BY APRIL 1ST? DO NOT WAIT UNTIL THE LAST MINUTE TO FILE. PLANNING FOR THE H-1B IS KEY!
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On April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming. The congressionally mandated cap on H-1B visas for FY 2016 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master's degree or higher are exempt from the 65,000 cap. USCIS expects to receive more petitions than the H-1B cap during the first five business days of this year's program. The agency will monitor the number of petitions received and notify the public when the H-1B cap has been met. If USCIS receives an excess of petitions during the first five business days, the agency will use a lottery system to randomly select the number of petitions required to meet the cap. USCIS will reject all unselected petitions that are subject to the cap as well as any petitions received after the cap has closed. USCIS used the lottery for the FY 2015 program last April. H-1B petitioners may still continue to request premium processing together with their H-1B petition. However, please note that USCIS has temporarily adjusted its current premium processing practice based on historic premium processing receipt levels and the possibility that the H-1B cap will be met in the first five business days of the filing season. In order to prioritize data entry for cap subject H-1B petitions, USCIS will begin premium processing for H-1B cap-subject petitions requesting premium processing no later than May 11, 2015. H-1B petitioners are reminded that when the temporary employment or training will be in different locations, the state where your company or organization's primary office is located will determine the appropriate Service Center to which you should send your Form I-129 package, regardless of where in the United States the various worksites are located. Please ensure that when temporary employment or training will be in different locations, the address on page 1, part 1 of Form I-129 is for your organization's primary office. Please note that when listing a "home office" as a work site location on Part 5, question 3, USCIS will consider this a separate and distinct work site location. H-1B petitioners must follow all statutory and regulatory requirements as they prepare petitions, in order to avoid delays in processing and possible requests for evidence.
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WASHTECH & THE NEW STEM RULE: U.S. DISTRICT COURT GRANTS 90-DAY EXTENSION FOR USCIS TO PONDER COMMENTS TO NEW STEM OPT RULE.
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The DHS received an overwhelming 50,000 plus comments to the proposed rule and, a few days before the Christmas holiday, asked the court for a 90-day extension of the existing STEM OPT rule so it could address the comments and begin to train DHS officers on the intended changes to the STEM OPT program. Following additional pleadings by DHS and Washington Alliance of Technology Workers (WashTech) - the plaintiff in the case that was before the U.S. District Court for the District of Columbia - the court delayed its order terminating the STEM OPT rule as of February 12, 2016 and granted the DHS an additional 90 days to revise its proposed STEM OPT rule. The court extended the sunset date of the STEM OPT extension rule to May 10, 2016 and warned DHS that no further extensions would be granted.
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