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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
BOSTON AREA OFFICE:
300 Brickstone Square
Suite 201
Andover, Massachusetts
01810
ATT: Call Rabindra Singh, Esq. at 125
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:
This past week, a Federal District Court decided Washington Alliance of Technology Workers v. DHS. The lawsuit sought to prevent foreign students from having an opportunity to gain practical experience in the U.S. following their full-time course of study. The Court invalidated a 2008 U.S. Department of Homeland Security (DHS) rule which permits an F-1 student to receive up to a seventeen (17) month extension of their Optional Practical Training (OPT) on top of the twelve (12) months previously authorized (for a maximum of twenty-nine months), if their field of study is in a designated as a Science, Technology, Engineering or Math (STEM) field and the employer is registered in the E-Verify Program.
The Court's decision is based on the allegation that DHS did not lawfully issue the 2008 rule because DHS failed to provide the public with notice and an opportunity to comment in advance of issuing it - what is often commonly referred to as the normal "rule-making procedure". DHS explained, at the time, that the STEM OPT extension was necessary because it would benefit the economy by reducing the disruption to U.S. high-tech employers that occurred when these F-1 STEM-degree graduates reached the end of their twelve-month OPT and their employers could not receive an H-1B classification for them to remain in the U.S. as highly-skilled workers because of the numerical limitations placed on H-1B visa numbers.
Interestingly, the Court found that the substance of the rule itself was not unreasonable. The Court spoke specifically to the procedure DHS followed to issue the 2008 rule. In addition, the Court invalidated DHS' later modifications of the rule that expanded the list of designated fields of study. The Court stayed its order until early-2016 to allow DHS to correct its procedural mistake. As many are aware, in November 2014, President Obama announced new policies and regulations to support U.S. high-skilled businesses and workers. Part of that initiative is directed at the development of regulations for notice and comment to expand the degree programs eligible for OPT and to extend the length and use of OPT while "ensuring that OPT employment is consistent with U.S. labor market protections to safeguard the interests of U.S. workers in related fields."
The "ripple effect" of the Court's Order in Washtech is likely to be the impetus of the Administration to issue proposed regulations for notice and comment. The "soon to be issued" proposed regulations will likely be more expansive and will benefit foreign students as well as U.S. employers and all workers. For more information about the potential impact of Washtech or for U.S. or Canadian immigration and nationality law assistance for you, your friends or for members of your family, please feel free to contact the immigration and nationality attorneys and lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group, also known as the VISASERVE Team, by e-mail at
info@visaserve.com or by phone at 201-670-0006 (x107).
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WASHTECH DECISION: BREAKING NEWS ABOUT THE STEM OPT EXTENSION PROGRAM.
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This week, a Federal District Court issued a decision in Washtech (Washington Alliance of Technology Workers v. DHS), a lawsuit brought to prevent foreign students from having an opportunity to use Optional Practical Training (OPT) to gain practical experience in the United States following their full-time course of study in F-1 visa status.
The Court invalidated the Department of Homeland Security's (DHS) 2008 rule, which permits F-1 international students to receive up to a seventeen-month extension of their post-graduation OPT, for a maximum of twenty-nine (29) months, if their field of study is in a designated Science, Technology, Engineering or Math (STEM) field and their employment meets certain requirements. The Court's decision is based on its perception of a procedural deficiency . . .
TO READ MORE ABOUT THE WASHTECH DECISION, WHICH DEALS WITH THE STEM OPT EXTENSION PROGRAM, PLEASE CLICK HERE . . .
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SOME INTERESTING RECENT DEVELOPMENTS IN U.S. IMMIGRATION LAW: WHAT'S IN A NAME?
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The way U.S. Immigration and Nationality Law professionals phrase things is HUGELY important. "Words are like eggs dropped from great heights; you can no more call them back than ignore the mess they leave when they fall." - Jodi Picoult, Salem Falls
This past week, amidst the anti-immigrant fervor being drummed-up by Presidential hopeful Donald Trump, and others, Democratic Governor Jerry Brown announced a bill to remove the term "ALIEN" from the California Labor Code. "Alien" is a term used in the California labor code to describe foreign-born individuals who work in the United States.
It is also commonly considered to be a derogatory term, leaving foreign born individuals feeling more like they are from outer space than from their respective native countries. The proposed change to Law SB-432 would call for the removal of the term "alien" within the next year and most individuals consider its removal to be an important first step toward modernizing and humanizing California law.
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DACA ANNOUNCEMENT: UPDATE FOR DACA RECIPIENTS WHO RECEIVED A 3-YEAR WORK PERMIT.
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USCIS has accounted for over ninety-nine (99) percent of the approximately 2,600 identified invalid work permits that were required to be returned. Twenty-two of the approximately 2,600 recipients failed to return their work permits or to certify to "good cause" for not doing so by the deadline of July 30th, 2015. As a result, the 22 DACA-ians have been terminated from the DACA Program.
The return of the EAD card from DACA-ians only applied to SOME individuals who received a card after the February 16th, 2015 Order of the Court. There are approximately 108,000 individuals who have valid 3-year DACA work permits who do not need to return them.
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HAVE YOU FILED AN AFFIRMATIVE APPLICATION FOR ASYLUM? CHECK THE USCIS MONTHLY UPDATED AFFIRMATIVE ASYLUM SCHEDULING BULLETIN .
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Recently USCIS updated the Affirmative Asylum Scheduling Bulletin (the "Bulletin") explaining how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
On December 26th, 2014, USCIS began prioritizing asylum applications for interview scheduling under three categories: (1) Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant's request or the needs of USCIS; (2) Applications filed by children; (3) All other pending affirmative asylum applications in the order they were received, with oldest cases scheduled first.
Generally, applicants in the first and second categories are scheduled promptly. For the third category USCIS published the filing dates (month and year) of most asylum applications scheduled for local interviews during that particular month.
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NEWS FROM OUR FRIENDS NORTH OF THE BORDER: NEW ENTRY REQUIREMENT FOR CANADA.
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"eTA" - Electronic Travel Authorization -
a new entry requirement was introduced by Canada for visa exempt foreign nationals traveling to Canada by air. Exceptions include
U.S. citizens and travelers with a valid visa. Entry requirements for other methods of travel (land, sea) have not changed.
Starting from August 1st, 2015, eligible travelers can apply online for an eTA. On March 15th, 2016, this entry requirement will become mandatory and travelers will need an eTA before they can board a flight to Canada.
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U.S. DEPARTMENT OF LABOR UPDATE: DOL RELEASED FAQS ON H-1B, H-1B1 & E-3 PROGRAMS.
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Recently DOL released new and updated labor condition application FAQs for the H-1B, H-1B1 and E-3 Programs. There have been many instances in which applicants/employers have been confused by issues associated with the LCA and other nuances with regard to the H-1B, H-1B1 and the E-3. The DOL has promulgated this FAQ in order to address and clarify answers for many critical questions.
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THE SEPTEMBER 2015 VISA BULLETIN: DOS REPORTS SEPTEMBER 2015 VISA NUMBERS - IS YOUR PRIORITY DATE CURRENT? IF SO, PLEASE LET US KNOW.
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This month, Charlie Oppenheim at the U.S. Department of State provides some insights with regard to the September Visa Bulletin that may be helpful information for our readers . . . Check-in with DOS's Charlie Oppenheim: August 13, 2015:
QUESTION 1:
Last month you were hopeful that EB-2 India/China would hold steady or possibly advance for September. However both categories have retrogressed significantly. What caused this to occur?
CHARLIE'S ANSWER:
The September retrogression of EB-2 China and India can primarily be attributed to skyrocketing demand for EB-2 Worldwide, which has left fewer numbers available for India and China. Currently, the availability of visas for India and China is largely driven by Worldwide demand. Earlier this year, EB-2 Worldwide demand was around 2,400 per month and started creeping up in March. In June, demand peaked at 6,700, and with July usage totaling 4,400 it was necessary to take corrective action for EB-2 China and India to limit future number use. Similarly, fewer EB-1 numbers are available to fall down to EB-2 China and India. During the second quarter of the fiscal year, 9,300 EB-1 numbers were used. That jumped to 13,500 EB-1 numbers in the third quarter. In particular, overall EB-2 India usage is down significantly this year due to the fact that fewer unused numbers are available for this category. Last fiscal year, EB-2 India used approximately 23,000 numbers. This year, it is expected that EB-2 India will use approximately 7,500 numbers. This is approximately 9,700 fewer numbers than that which were used in FY 2013.
QUESTION 2:
How likely is it that EB-2 India and China will advance significantly with the start of the fiscal year on October 1?
CHARLIE'S ANSWER:
It is expected that the dates will advance in October as we enter the new fiscal year. EB-2 India is likely to advance to a date between February and April 2005.
QUESTION 3:
Is it expected that all numbers in all categories will be exhausted by the end of the fiscal year?
CHARLIE'S ANSWER:
Yes. All visa numbers in all categories will be exhausted. There has been some concern about EB-3 number use because there appeared to be a decrease in demand which caused the Worldwide cut-off date to advanced rapidly. There is sufficient EB-3 India applicants in the pending demand file to ensure that all "otherwise" unused numbers will be used this fiscal year.
QUESTION 4:
The "Visa Modernization" proposal promises to refine the monthly allocation of visas, increasing the number of visas allocated during the first three quarters, and implementing new processes for allocation during the final quarter of the fiscal year. Can you please elaborate on this plan? Do you expect to implement the changes effective 10/1/15?
CHARLIE'S ANSWER:
This is still a work in progress but members should be happy with what is ultimately rolled out. Some changes have already been implemented. As stated in the Visa Modernization proposal, members may see more aggressive cut-off date movements for some preference categories earlier in the year. Similar movement occurred earlier this year with regard to EB-2 India; advancement of that category started much earlier than in prior years to allow USCIS sufficient time to complete processing of the cases, many of which were EB-3 upgrades, earlier within the fiscal year. However, aggressive movement earlier in the year can have "negative" consequences during the final quarter when there are fewer numbers available. As a result it could be necessary to take corrective action if it becomes clear that there would be fewer numbers available from other categories. In addition to accelerating cut-off date movements earlier in the fiscal year, other options are being explored. As plans are refined, the information will be made available to the public.
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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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WHAT DO WE KNOW ABOUT ADMINISTRATIVE PROCESSING FOR H-1B APPLICANTS AT THE CONSULATE OFFICES ABROAD?
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* Administrative Processing:
1. Working at different addresses that are not listed on LCA.
2. Different regulations that are of additional scrutiny.
3. Putting more than one location on LCA to avoid amended H-1B applications.
4. Short term placement for 30-60 days.
5. Transferring workers from low income areas to high Income areas.
6. Site visits.
* Detention and Removal and EOIR:
1. Huge backlogs in Immigration court.
2. for the government.
3. Causes of extreme hardship for long detention processes.
4. Working at different addresses that are not listed on LCA.
7. Different regulations that are of additional scrutiny.
8. Putting more than one location on LCA to avoid amended H-1B applications.
9. Short term placement for 30-60 days.
10. Business Transferring workers from low income areas to high Income areas.
11. Site visits.
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IMMIGRATION REFORM | PREVIOUS IMMIGRATION PROGRAMS | THE J-1 VISA EXCHANGE PROGRAM.
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Immigration Reform
Future of immigration based on upcoming presidential elections.
Immigration reform has been successful under republican presidents.
Blanket statements about Donald Trump saying all Mexicans are criminals and rapists.
Previous Immigration programs
Amnesty of 1986.
Agricultural worker program.
Previous legislations were passed with by both parties amicably unlike today.
J-1 exchange visitor visa program
Definition of J-1 program and program guidelines.
2 year foreign country residency restriction.
Individuals that do not return to their home countries under the 2 year requirement.
Currently Department of State is carrying out intense investigations with program.
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HAPPY INDEPENDENCE DAY . . .
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