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Nachman Phulwani Zimovcak (NPZ) LawGroup, P.C. - U.S. and Canadian Immigration

and Nationality Newsletter and Update.

In This Issue:

GETTING READY FOR H-1B SEASON? WE SUREARE! TIS THE SEASONTO BE JOLLY AND TIS

ALMOST 2017 H-1BSEASON.

HOW DO THE NEWRESTRICTIONS ON THE

VISA WAIVER PROGRAM(VWP) (EFFECTIVE

DATE: DECEMBER 18TH,2015) IMPACT OTHER

VISA APPLICATIONS ATCONSULAR OFFICES

ABROAD?

USCIS HAS PROPOSEDA RULE AFFECTING

CERTAIN EMPLOYMENT-

Dear Readers: Happy new year to all! In the U.S., we look forward to whatpromises to be an exciting New Year on the immigration andnationality law front. In anticipation of the New Year we wereprovided with a new DRAFT rule from the U.S. Department ofHomeland Security (DHS) about employment-based greencard processing, nonimmigrant work visas and employmentauthorization documents (EADs). The regulation is 181 pagesin length and it affects a large portion of the country's skilledimmigrant workers as well as potentially millions of othersthat may apply for EADs. The new regulation has its genesis in several of thememoranda that were promulgated by President Obama inNovember 2014. In the regulatory summary, the USCISnotes that it is seeking to provide: (1) improved processes forUS employers sponsoring and retaining immigrant and non-

BASED IMMIGRANT &NONIMMIGRANT VISA

PROGRAMS.

SOME LOGISTICALFILING UPDATES: USCISTRANSFERS WORKLOAD

FROM VSC TO CSC &NSC.

U VISA UPDATES: USCISANNOUNCES THE

APPROVAL OF 10,000 UVISA FOR 7TH FISCAL

YEAR.

THE JANUARY 2016 VISABULLETIN: DOS

REPORTS JANUARY2016 VISA NUMBERS - IS

YOUR PRIORITY DATECURRENT? IF SO,

PLEASE LET US KNOW.

SE HABLA ESPANOL: ESLA TEMPORADA PARAESTAR ALEGRE Y ES

CASI LA TEMPORADA H-1B 2017.

CÓMO LAS NUEVASRESTRICCIONES SOBRE

EL PROGRAMA DEEXENCIÓN DE VISAS

(VWP)?

DO YOU QUALIFY FORAN H-1B? JOIN LUDKAZIMOVCAK, ESQ. AT

THE NPZ LAW GROUPFOR A VIDEO ABOUT H-

1B VISAQUALIFICATIONS.

HAPPY NEW YEAR2016!!!

*******UPCOMING NPZ

SPEAKING EVENT:

immigrant workers; and (2) greater stability and job flexibilityfor such workers; and (3) increased transparency andconsistency in the application of agency policy.

The goal of the proposed regulation is to make it easier forU.S. employers to hire and retain workers who are thebeneficiaries of employment-based green card petitions andalso to increase the ability of workers to seek promotions,accept lateral positions with current employers, changeemployers, and/or pursue other employment options. Inaddition, the proposed new rule also makes significantchanges to the EAD process. The 90-day time limit foradjudicating EAD applications would be changed "in light ofnational security and fraud concerns." However, USCIS hasoffered a "quid pro quo" by providing for an automaticextension of employment authorization for timely filed I-765renewal applications. Note the potential impact upon the FormI-9 Employment Verification process. The new rule is quitedense and will require a great deal of analysis. We willcontinue to keep our readers posted. As everyone knows, 2016 is an election year and given the"political football" that the immigration law is we suggest thatour readers continue to check-in with our U.S. and Canadianimmigration law attorneys and lawyers for changes to the lawas they may occur. We continue to remind our readers, theirfriends and families, that we are U.S. and Canadianimmigration lawyers with locations in NJ, NY, IN and MA. Wecontinue to strive to get the very best results that we can forour clients and we continue to try to offer ways for our clientsto understand the nuances of immigration law in their nativelanguage(s) (e.g. Spanish, Korean, Slovak, Hindi, etc.).

Please feel free to contact us with any questions that youmay have at info@visaserve.com or you can also call us at201-670-0006 (x107). Happy new year and we look forwardto being of assistance to you, your friends and your familymembers.

GETTING READY FOR H-1B SEASON? WE SUREARE! TIS THE SEASON TO BE JOLLY AND TISALMOST 2017 H-1B SEASON.

U.S.IMMIGRATION

WORK VISAS - APRIMER FORTHE HUMANRESOURCES

PROFESSIONAL:HOW TOSELECT

APPROPRIATEWORK VISAS (H-1B, L-1, O-1, E-1OR TN)? HOW

TO APPLY FORA WORK VISA?WHO GETS A

SOCIALSECURITY CARDAND HOW? HOW

DOES THEWORK VISA

SQUARE WITHTHE I-9 FORM

AND E-VERIFY?

When: February 9th,2016

Time: 5:30 PM to 7:30PM

Where: Rutgers Dinning Clubon College Avenue,New Brunswick, NJ

FOR MORE

As a reminder to all U.S. employers, H-1B season is almost here! UnitedStates Citizenship & ImmigrationServices ("USCIS") will start acceptingnew H-1B petitions for fiscal year

2017 on Friday, April 1st, 2016. As such, employers shouldstart immediately identifying current and future employeeswho will require sponsorship for new H-1B petitions. By wayof background, the USCIS issues H-1B visas to foreignworkers serving in "specialty occupations at a professionallevel."

A specialty occupation requires a theoretical and practicalapplication of a body of highly-specialized knowledge, to beperformed by a worker with at least the equivalent ofbachelor's degree in the field. Both the position to be filled andthe foreign worker's qualifications must meet the criteria for aspecialty occupation. FOR MORE INFORMATION, PLEASE CLICK HERE . . .

HOW DO THE NEW RESTRICTIONS ON VISAWAIVER PROGRAM (VWP) (EFFECTIVE DATE:DECEMBER 18TH, 2015) IMPACT OTHER VISAAPPLICATIONS AT CONSULAR OFFICESABROAD?

The U.S. immigration and NationalityLaw Staff at the NPZ Law Group wouldlike to wish our readership a veryhappy new year and remind you thatwe strive to continue to provide cutting-

edge information in the rapidly developing and changing U.S.immigration and nationality law arena. Recently, on December 18th, 2015, the 2016 ConsolidatedAppropriations Act (H.R. 2029) was signed into law. Inaddition to funding the government through September 30th,2016, the Bill includes provisions that change the Visa WaiverProgram (VWP) - some of which take effect immediately.

Though at this point it remains unclear how Customs andBorder Protection (CBP) and other agencies will take steps toimplement and enforce the new laws, it remains unclear atthis juncture what impact this change will have n other visa

DETAILEDINFORMATION,

PLEASE CLICK HERE. . .

- - - - - - - - - - -

Quick Links

SEARCH OUR SITE

THIS MONTH'SVISA BULLETIN

THE VISASERVE

BLOG

ENTERTAINMENTIMMIGRATION

UPCOMING

EVENTS

CIS CASE STATUS

CIS PROCESSINGTIMES

DOL PROCESSING

TIMES

SCHEDULE ANINFOPASS

APPOINTMENT

CBP BORDER WAITTIMES

BORDER WAIT

TIMES

processing. However, it is highly likely that this new law willimpact those that are seeking Visitor (B-1/B-2) Visas (andother Visa types) at U.S. Consulate offices abroad. TO READ MORE, PLEASE CLICK HERE . . .

USCIS HAS PROPOSED A RULE AFFECTINGCERTAIN EMPLOYMENT - BASED IMMIGRANT &NON-IMMIGRANT VISA PROGRAMS.

On December 31st, 2015, the DHSproposed a rule in the FederalRegister called "Retention of EB-1,EB-2 and EB-3 Immigrant Workersand Program Improvements Affecting

High-Skilled Nonimmigrant Workers". USCIS is seekingpublic comments on a proposed rule that would modernizeand improve certain aspects of employment-basednonimmigrant and immigrant visa programs. USCIS is alsoproposing regulatory amendments to better enable U.S.employers to hire and retain certain foreign workers who arebeneficiaries of approved employment-based immigrant visapetitions and are waiting to become lawful permanentresidents (LPRs). Among other things, DHS is proposing to amend itsregulations in order to: 1. Clarify and improve longstanding agency policies andprocedures implementing sections of the AmericanCompetitiveness in the Twenty-First Century Act (AC-21) andthe American Competitiveness and Workforce ImprovementAct (ACWIA) related to certain foreign workers, which willenhance USCIS' consistency in adjudication; and 2. Better enable U.S. employers to employ and retain certainforeign workers who are the beneficiaries of approvedemployment-based immigrant visa petitions (I-140 petitions)while also providing stability and job flexibility for theseworkers. The proposed rule will increase the ability of suchworkers to further their careers by accepting promotions,making position changes with current employers, changingemployers, and pursuing other employment opportunities. TO VIEW THE PROPOSED RULE AND AMENDED

- - - - - - - - - - - -

:: 201-670-0006 (X100)

:: info@visaserve.com

:: www.visaserve.com

OUR OFFICES:

NEW JERSEY OFFICE:

VISASERVE Plaza487 Goffle Road

Ridgewood, NJ 07450Phone: 201-670-0006

(x107)

NEW YORK OFFICE:

108 West 39th Street8th Floor, Suite 800

CHANGES, PLEASE CLICK HERE . . .

SOME LOGISTICAL FILING UPDATES: USCISTRANSFERS WORKLOAD FROM VSC TO CSC &NSC.

The USCIS recently began transferring certain caseworkfrom the Vermont Service Center (VSC) to the CaliforniaService Center (CSC) and Nebraska Service Center (NSC)to balance workloads. The CSC will now process Form I-539,Application to Extend/Change Nonimmigrant Status. The NSC will process Form I-765, Application forEmployment Authorization, filed by an asylum applicant witha pending asylum application filed on or after January 4th,1995. The eligibility category for the application is (c)(8). READ MORE ON "HOW YOUR CASE WILL BEAFFECTED BY THE TRANSFER" BY CLICKING HERE . ..

U VISA UPDATES: USCIS ANNOUNCES THEAPPROVAL OF 10,000 U VISA FOR 7TH FISCALYEAR.

U.S. Citizenship and ImmigrationServices (USCIS) has approved thestatutory maximum of 10,000 petitionsfor U-1 nonimmigrant status (U visas)for fiscal year 2016. This marks the

seventh straight year that USCIS has reached the statutorymaximum since it began issuing U visas for victims of certaincrimes in 2009. Each year, 10,000 U visas are available for victims of certainqualifying crimes who have suffered substantial mental orphysical abuse and are willing to help law enforcementauthorities investigate or prosecute those crimes. A U visapetition requires a law enforcement agency (LEA) certificationthat the victim has been helpful to law enforcement. AlthoughUSCIS has reached the statutory cap of 10,000 U visas, it willcontinue to review pending petitions for eligibility. USCIS willresume issuing U visas on October 1st, 2016, the first day ofthe 2017 fiscal year, when visas become available again. TO READ MORE, PLEASE CLICK HERE . . .

New York, NY 10018Phone: 1-866-599-3625

INDIANA OFFICE:

Indianapolis City Center 201 North Illinois Street16th Floor, South TowerIndianapolis, IN 46204Phone: 317-936-6600

BOSTON AREA

OFFICE:

300 Brickstone SquareSuite 201

Andover, Massachusetts01810

ATT: Call RabindraSingh, Esq. at 125

INDIA AFFILIATEDOFFICE:

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 onthe ground services to

our Indian clients such asIndia Divorce, India Real

Estate Purchase andSale, Business SalePurchase, Adoption,

Litigation and High CourtComplaints.

THE JANUARY 2016 VISA BULLETIN: DOSREPORTS JANUARY 2016 VISA NUMBERS - ISYOUR PRIORITY DATE CURRENT? IF SO, PLEASELET US KNOW.

EB-2 India: In January, the final action dates for EB-2 Indiawill advance eight months to February 1st, 2008. In large part,this reflects a continuing correction following a roll-back of thedate at the end of fiscal year 2015. The DOS indicated that amonthly advancement of eight months in this categorycontinues to be the best case scenario, but that the actualadvancement may be around four to six months at a time.The DOS expects that recent movements will spur EB-3upgrades which, if realized, would eventually impact demandand slow the advancement of the EB-2 India category,perhaps in early to mid-2016.

EB-3 Worldwide: In January, the final action date for EB-3worldwide will advance by one month to October 15th, 2015.Given the advancement of this category in the past fiscalyear, DOS anticipated more demand in this category thanhas been reported by USCIS. In order to avoid futureretrogression of this category if significant demandmaterializes, DOS does not anticipate advancing this date toorapidly in the coming months.

Religious Workers and EB-5: On December 11th, 2015, ashort-term continuing resolution was passed and signed bythe President, extending the religious worker and EB-5Regional Center programs for 5 days, until December 16th,2015. On December 16th, 2015, another continuing resolutionwas signed, keeping the government open and the EB-5 andreligious worker programs running until December 22nd.Assuming the 2016 Omnibus Spending Bill is passed andsigned prior to December 22nd, 2015 the EB-5 and religiousworker programs will be extended through the end of fiscalyear 2016 (through September 30th, 2016) and will have runwithout interruption. At this time, appointments for thesecategories are continuing to be scheduled.

FOR MORE INFORMATION, PLEASE CLICK HERE . . .

SE HABLA ESPANOL - OUR STAFFSPEAKS SPANISH AND MANY OTHER

- - - - - - - - - - -

OF COUNSEL:

Law Office of MichaelPhulwani

F603 Remi Biz CourtVeera Desai Road

Andheri West Mumbai 400 053, India

ATT: Ask for Sangeeta

LANGUAGES.

ES LA TEMPORADA PARA ESTAR ALEGRE Y ESCASI LA TEMPORADA H-1B 2017.

Como recordatorio a todos los empleadores de los EstadosUnidos, la temporada H-1B ya casi está aquí! El Servicio deInmigración y Ciudadanía de los Estados Unidos ("USCIS")comenzará a aceptar nuevas peticiones H-1B para el añofiscal 2017 el viernes, 1 de abril de 2016. Como tal, losempleadores deben comenzar a identificar de inmediato a losempleados actuales y futuros que requerirán el patrocinio denuevas visas H-1B. A modo de antecedente, USCIS emitevisas H-1B para trabajadores extranjeros que sirven en"ocupaciones especializadas a nivel profesional". Unaocupación especializada requiere la aplicación teórica ypráctica de un cuerpo de conocimiento altamenteespecializado, a realizar por un trabajador con al menos elequivalente a un título de licenciatura en el campo. Tanto elpuesto a cubrir como la cualificación del trabajador extranjerodebe cumplir con los criterios para una ocupaciónespecializada. TO READ MORE, PLEASE CLICK HERE . . .

CÓMO LAS NUEVAS RESTRICCIONES SOBRE ELPROGRAMA DE EXENCIÓN DE VISAS (VWP) ?

El personal del grupo de Abogados de Inmigración yNacionalidad de los Estados Unidos, NPZ Law Group, P.C.les desea a nuestros lectores un muy feliz año nuevo y lesrecuerda que nos esforzamos por seguir proporcionandoinformación de vanguardia en el ámbito de ley de rápidodesarrollo y cambio de inmigración y nacionalidad de losEstados Unidos. TO READ MORE, PLEASE CLICK HERE . . .

"IMMIGRATION NEWS AND VIEWS" - NPZ'SNEW PRACTICAL SERIES ON YOUTUBEABOUT VARIOUS U.S. AND CANADIAN

IMMIGRATION LAW ISSUES.

DO YOU QUALIFY FOR AN H-1B? JOIN LUDKAZIMOVCAK, ESQ. AT THE NPZ LAW GROUP FOR AVIDEO ABOUT H-1B QUALIICATIONS.

H-1B nonimmigrant professional and specialty occupation visa, H-1Blottery, H-1B season, prevailing wage survey, OES, DOL, LCA,

Education & Experience equivalence, Position has to require at leasta bachelors degree, degree & job position need to match, preparation

of H-1B application, H-1B quota limitations, cap exemptions.

HAPPY NEW YEAR 2016!!!