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UPCOMING EVENTS
NJICLE Webinar - Family Based Immigration.
Location:
Online
Time:
12:00 PM - 2:00 PM ET
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US Immigration Law Basics (NJICLE) - A Primer for House Counsel, HR Managers and Newer Lawyers.
Location:
New Jersey Law Center
1 Constitution Square, New Brunswick, NJ 08901
Time:
9:00 AM - 4:00 PM ET
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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
WE ALSO HAVE A PHYSICAL 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
Call us at 201-670-0006 (x104) for contact details.
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Dear Readers:
The new STEM OPT rule for international students to be able to take advantage of a 24 month extension was promulgated in the Federal Register last week. The rules will be effective on May 10th 2016. Interestingly, the new rules moot the WASHTECH case and permit greater leniency and flexibility for international students in the U.S. studying in STEM categories to be able to work and to enter additional H-1B cycles. It is also notable that these highly-educated STEM students may also have more time to be able to look for cap-exempt H-1B jobs in academia now. The hiring process in academic institutions can oftentimes be a slow process. The new STEM OPT rules afford an additional 7 months for these highly-educated students to secure positions in the U.S. rather than to take the valuable skills that they have learned in the U.S. back to their home countries (or to others). The new rules also present new challenges for DSOs/ISOs and for Employers who will now have to prepare formal training programs for the STEM OPT students.
Additionally, we are closely monitoring the recent "politics of U.S. immigration law" with great interest. While the "Donald" talks tough he, like other Republican Candidates, know that the only way that the economy will be vibrant is with workers who are available to serve the growing infrastructure and who continue to pump taxes into a growing economy. Mr. Trump acknowledges the value of skilled labor. The Democratic Candidates speak about "going further than President Obama" with immigration initiatives. But let's also try to temper this rhetoric with the fact that President Obama is consistently referred to as our "Deporter-in-Chief". Stay tuned as we approach the end of July when the Democrats choose their nominee in Philadelphia and the Republicans choose theirs in Cleveland.
Of course, we all continue to anxiously await the Supreme Court arguments in the DAPA and DACA II case. We continue to assist our clients to understand the Deferred Action programs and how these Programs may potentially impact their situations in the U.S. As the staff at the Nachman Phulwani Zimovcak (NPZ) Law Group prepare H-1B nonimmigrant work visas for the April 1st filing deadline, we are continually reminded that we are a "Nation of Immigrants". We remind our readers that we are U.S. immigration and nationality lawyers and if the VISASERVE staff can be of any assistance to you, or any members of your staff, your friends, and/or family members, please feel free to contact us at info@visaserve.com or to call us at 201-670-0006 (x107).
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March 9th, 2016, the U.S. Department of Homeland Security (DHS) released a copy of the FINAL RULE pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, and mathematics (STEM). The official version of the final rule is slotted to be published in the Federal Register on March 11th, 2016. The new rule will permit employers to retain the talented international students who rely upon the F-1 nonimmigrant student visa for a longer period. USCIS will begin accepting applications under this provision on
May 10th, 2016
. Prior to that date, USCIS will continue to accept applications under the existing 17-month STEM OPT procedure.
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Most of the prospective H-1B employees and H-1B employers begin with either of the following two thoughts: "I would like to work in the U.S. using an H-1B visa, but am not sure if I qualify" or "I want to hire a foreign worker but not sure if the individual qualifies for an H-1B visa."
In order to successfully obtain an H-1B visa, it is mandatory that not only the prospective H-1B employee but both the proffered position and prospective employee should qualify for the H-1B visa. This article will explore the importance of educational and/or experience evaluations, and explain certain precautions that an employer and/or prospective H-1B employee can take in order to avoid a potential Request for Evidence (RFE) and/or denial of the H-1B nonimmigrant petition.
For a proffered H-1B position to qualify for an H-1B visa, it must be in a "Specialty Occupation". A specialty occupation is an occupation that requires: (1) theoretical and practical application of a body of highly specialized knowledge; and (2) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States
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LAST CALL FOR H-1B NONIMMIGRANT WORK VISAS FOR THE CAP DEADLINE: USCIS WILL START TO ACCEPT H-1B PETITIONS FOR FISCAL YEAR 2017 BEGINNING APRIL 1ST, 2016.
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On April 1st, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 - 2017 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 nonimmigrant work visas for FY 2016-2017 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.If more visas than the amount specified are submitted then a "lottery" is conducted.
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THE BENEFITS OF THE CAP-GAP: EXTENSION OF POST-COMPLETION OPTIONAL PRACTICAL TRAINING (OPT) AND F-1 STATUS FOR ELIGIBLE STUDENTS UNDER THE H-1B CAP-GAP REGULATIONS.
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Effective May 10th, 2016, DHS is amending its F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education.
Such F-1 students who have elected to pursue 12 months of post-completion OPT in the United States may extend their STEM OPT period by 24 months (STEM OPT extension). Current practice involving Cap-Gap will remain the same. Any F-1 student with a timely filed H-1B petition and request for change of status will be allowed to extend the duration of F-1 status and any current employment authorization until the first day of the new fiscal year.
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STREAMLINING THE PROCESS: DHS LAUNCHES KNOWN EMPLOYER PILOT PROGRAM.
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On March 3rd, 2015, U.S
Department of Homeland Security (DHS) announced the launch of a "Known Employer Pilot Program" to assess a new process for employers seeking to hire certain workers through employment-based visa categories.
By modifying the process U.S. Citizenship and Immigration Services (USCIS) uses to reviews an employer's eligibility to sponsor individuals under certain employment-based immigrant and nonimmigrant classifications, the Known Employer Pilot Program is expected to reduce paperwork, costs, and delays in the processing of these benefit requests. USCIS will oversee the pilot in collaboration with the DHS Office of Policy, U.S. Customs and Border Protection (CBP) and the U.S. Department of State (DOS).
Under the "Known Employer Pilot Program", up to nine preselected employers will file applications requesting that USCIS predetermine that they meet certain requirements relating to certain immigrant and nonimmigrant visa classifications. When making this request, employers will create a profile in the Web-based Known Employer Document Library (KEDL), and upload documents relating to the requirements.
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ONLINE ASSISTANCE FOR NEW STEM OPT RULES: SEVP REVEALS HELPFUL ONLINE STEM OPT HUB.
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Recently the
U.S. Department of Homeland Security
published amended regulations
on optional practical training (OPT) for certain international students with science, technology, engineering and mathematics (STEM) degrees from U.S. institutions of higher education.
In order to help school officials, students and employers understand the new regulations, the Student and Exchange Visitor Program (SEVP) unveiled a
STEM OPT Hub on the Study in the States website.
The STEM OPT Hub includes resources titled Transition Plan and Training Plan, as well as a series of frequently asked questions to walk stakeholders through the amended regulations. It also explains which international students are ineligible to benefit from the 24-month STEM OPT extension.
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THE APRIL 2016 VISA BULLETIN: DOS REPORTS APRIL 2016 VISA NUMBERS - IS YOUR PRIORITY DATE CURRENT? IF SO, PLEASE LET US KNOW.
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The Final Action Dates in the April 2016 Visa Bulletin are consistent with the U.S. Department of State (DOS) predictions from last month. In February, DOS predicted that we would continue to see forward movement of up to five months in EB-2 and EB-3 China, and in April, EB-2 China will advance one month and EB-3 China will advance one and a half months.
This modest advancement is attributable to an increase in I-485 cases in these categories coming to completion. DOS has limited/no visibility into immigrant visa demand at USCIS until USCIS completes adjudication of an I-485 and requests a visa number. The difference in USCIS processing times at various offices makes it difficult to predict future demand and thus, difficult to adjust the Final Action Dates in such a way as to avoid volatility over the course of the fiscal year.
For example, when the February Final Action Dates were announced in early January, USCIS reported 400 India EB-2 applicants who were eligible for final action, but by the end of February, USCIS had requested an additional 300 of these numbers. When an abrupt increase in demand such as this occurs, it is impossible to know whether it represents a sustained increase in demand in that category, whether it is the result of preference category upgrades or downgrades, or whether it merely represents a one-time reallocation of adjudication resources.
Additional transparency and data analytics into pending I-485s would be helpful, and it is hoped that USCIS' use of the Dates for Filing will eventually provide such insight.
READ MORE . . .
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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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INCUBATORS AT ACADEMIC INSTITUTIONS EXEMPT FROM THE H-1B CAP?
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Typically, H-1B "cap exempt" petitions include petitions filed by a) institutions of higher education; b) non-profit organizations or entities related to or affiliated with institutions of higher education; and c) nonprofit research organizations or governmental research organizations. These types of petitioners are normally referred to as "cap-exempt" because an H-1B alien employed by such an entity is not subject to the H-1B numerical limitations.
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FAMILY-BASED IMMIGRANT VISA INCLUDING SPONSORING A MARRIED SON OR DAUGHTER OF A U.S. CITIZEN, PARENTS AND/OR STEPCHILDREN.
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This video explains how you may petition for relatives (or future relatives such as a
fiancé(e)
or a prospective adopted child) to immigrate to the United States.
How Can I Help a Family Member Immigrate?
Your status determines which relatives (or future relatives) may be eligible to receive immigration benefits. In order to help a family member immigrate, you must be a:
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