http://archive.constantcontact.com/fs147/1011188341227/archive/1116698114899.html[3/3/2014 3:15:37 PM] Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - U.S. and Canadian Immigration and Nationality Newsletter and Update. In This Issue: YOUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ. AND DAVID NACHMAN, ESQ. AND LUDKA ZIMOVCAK, ESQ. PROVIDE U.S. IMMIGRATION LAW UPDATES ON TV ASIA & ITV: VLOG & USCIS NEWS UPDATES ON THE WEB. ABCs OF H-1Bs (THIS IS PART II OF AN VIII PART SERIES): HOW MUCH PROSPECTIVE H-1B EMPLOYERS NEED TO PAY TO H-1B EMPLOYEES AND WHY THE PREVAILING WAGE IS IMPORTANT. WHITE COLLAR EXEMPTIONS: DO EMPLOYERS NEED TO PAY OVERTIME COMPENSATION TO H-1B WORKERS? [PART II] WHITE COLLAR EXEMPTIONS: DO EMPLOYERS NEED TO PAY OVERTIME COMPENSATION TO Dear Readers: The reason why immigration reform needs to be "grass roots" is because it impacts all of us that way. Foreign nationals are all around us. Their kids grew-up with your kids. You have shared barbecues and block parties with them and you have sat with them in Church or Temple on the weekends. When the Immigration and Customs Enforcement (ICE) vehicles surround a house in the community with sirens blaring, children watch and wonder what they may have done wrong. Our nation's political fabric was woven by those who could see the future. We are a "Nation of Immigrants". On Capitol Hill two (2) House Hearings were held this week. One Hearing dealt with the President's right to exercise "prosecutorial discretion". Essentially, the GOP had to find a way to force the President's exercise of his "power" into the limelight. The other Hearing dealt with the unprecedented increase in removal actions under the Obama Administration. Obviously, an increase in removal actions signals that the Administration is serious about the "enforcement" side of any potential reform bill. Unfortunately, whether political or not, hardworking foreign nationals who have been living and working in the U.S. for many years have fallen victim to our nation's outdated immigration laws. Spring is a time for change. The House Republican leadership must follow through on its promises to implement immigration reform which will, among other things, address the 11 million undocumented immigrants living in the U.S. As we have pointed out in the past, reforming the U.S. immigration system is a job creator. A report by the former director of the Bipartisan Policy Center, who is now Speaker John A. Boehner's top immigration adviser, found immigration reform would shave more than $1.2 trillion off the federal deficit over 20 years and grow the nation's economy an additional 4.8 percent over a 20-year period. Immigration reform also means legalized immigrants will pay more than $100 billion in additional taxes over the next decade, including to state and local
The reason why immigration reform needs to be "grass roots" is because it impacts all of us that way. Foreign nationals are all around us. Their kids grew-up with your kids. You have shared barbecues and block parties with them and you have sat with them in Church or Temple on the weekends. When the Immigration and Customs Enforcement (ICE) vehicles surround a house in the community with sirens blaring, children watch and wonder what they may have done wrong..........
Citation preview
Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - U.S. and
Canadian Immigration and Nationality Newsletter and Update. In This
Issue: YOUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ. AND DAVID
NACHMAN, ESQ. AND LUDKA ZIMOVCAK, ESQ. PROVIDE U.S. IMMIGRATION LAW
UPDATES ON TV ASIA & ITV: VLOG & USCIS NEWS UPDATES ON THE
WEB. ABCs OF H-1Bs (THIS IS PART II OF AN VIII PART SERIES): HOW
MUCH PROSPECTIVE H-1B EMPLOYERS NEED TO PAY TO H-1B EMPLOYEES AND
WHY THE PREVAILING WAGE IS IMPORTANT. WHITE COLLAR EXEMPTIONS: DO
EMPLOYERS NEED TO PAY OVERTIME COMPENSATION TO H-1B WORKERS? [PART
II] WHITE COLLAR EXEMPTIONS: DO EMPLOYERS NEED TO PAY OVERTIME
COMPENSATION TO Dear Readers: The reason why immigration reform
needs to be "grass roots" is because itimpacts all of us that way.
Foreign nationals are all around us. Their kids grew-up with your
kids. You have shared barbecues and block parties with them and you
have sat with them in Church or Temple on the weekends. When the
Immigration and Customs Enforcement (ICE) vehicles surround a house
in the community with sirens blaring, children watch and wonder
what they may have done wrong. Our nation's political fabric was
woven by those who could see the future. We are a "Nation of
Immigrants". On Capitol Hill two (2) House Hearings were held this
week. One Hearing dealt with the President's right to exercise
"prosecutorial discretion". Essentially, the GOP had to find a way
to forcethe President's exercise of his "power" into the limelight.
The other Hearing dealt with the unprecedented increase in removal
actions under the Obama Administration. Obviously, an increase in
removal actions signals that the Administration is serious about
the "enforcement" side of any potential reform bill. Unfortunately,
whether political or not, hardworking foreign nationals who have
been living and working in the U.S. for many years have fallen
victim to our nation's outdated immigration laws. Spring is a time
for change. The House Republican leadership must follow through on
its promises to implement immigration reform which will, among
other things, address the 11 million undocumented immigrants living
in the U.S. As we have pointed out in the past, reforming the U.S.
immigration system is a job creator. A report by the former
director of the Bipartisan Policy Center, who is now Speaker John
A. Boehner's top immigration adviser, found immigration reform
would shave more than $1.2 trillion off the federal deficit over 20
years and grow the nation's economy an additional 4.8 percent over
a 20-year period. Immigration reform also means legalized
immigrants will pay more than $100 billion in additional taxes over
the next decade, including to state and local
http://archive.constantcontact.com/fs147/1011188341227/archive/1116698114899.html[3/3/2014
3:15:37 PM]
H-1B WORKERS? [PART III] IMMIGRATIONRELATED AUDITS: WHAT
EMPLOYERS NEED TO KNOW ?? ICE RELEASED DACA RENEWAL GUIDANCE VISA
BULLETIN FOR MARCH 2014 IS OUT!!!!! TRAINING OF CONSULAR OFFICERS
WHO HANDLE THE VISA PROCESSING AT THE U.S. CONSULATE OFFICES
ABROAD. MISSION INDIA / TEAM INDIA STRIVES FOR TRANSPARENCY AND
CONSISTENCY IN THE VISA ADJUDICATIONS PROCESS ABROAD. YOUR
IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ. AND DAVID NACHMAN, ESQ.
AND LUDKA ZIMOVCAK, ESQ., PROVIDE U.S. IMMIGRATION LAW UPDATES ON
TV ASIA & ITV: VLOG & USCIS NEWS UPDATES ON THE WEB &
ON TV. governments. Of course it is not only an economic question,
but it is estimated that formerly undocumented individuals would
add a net $606.4 billion to the Social Security system over the
next 36 years. This will fund a lifetime of retirement benefits for
2.4 million Americans, or 6.5 percent of current beneficiaries. To
hell with EB-5. Numbers like this sound like the best "investor
visa" program that the U.S. could ever implement. Passing
comprehensive immigration reform should never have been delayed
this long. On a different note, "H-1B season" is now in full swing
and we are focused on getting all of our client's H-1Bs to the
USCIS onApril 1st. Let's be perfectly clear that the media is going
to be touting potential usage numbers for the H-1B very soon. Do
not be lulled into a false sense of security. The H-1B cap-cases
(65,000 and 20,000) are going to go very fast. The economy is
recovering. Previously reluctant companies are now sponsoring. Now
is the time to act. For additional information about immigration
reform or about H-1B visa season, please feel free to contact the
immigration attorneys at the NPZ Law Group [email protected]
by calling us at201-6700006(x107). ABCs OF H-1Bs (THIS IS PART II
OF AN VIII PART SERIES): HOW MUCH PROSPECTIVE H-1B EMPLOYERS NEED
TO PAY TO H-1B EMPLOYEES AND WHY THE PREVAILING WAGE IS IMPORTANT.
Employers who seek to hire an H-1B nonimmigrant in a specialty
occupation must first make a filing with the Department of Labor
(DOL) and obtain a Labor Condition Application (LCA). The LCA,
among other things, must specify the number of workers sought, the
occupational classification in which the H-1B will be employed, and
the wage rate and conditions under which the proposed H-1B
nonimmigrant will be employed. In addition, the employer must
attest that it is offering, and will offer, during the period of
H-1B employment thegreaterof: (1) the actual wage level paid by the
employer to all other individuals with similar experience and
qualifications for the specific employment in question; OR (2) the
prevailing wage level for the occupational classification in the
area of employment. TO READ MORE ON "ABCs OF H-1Bs", PLEASE CLICK
HERE . . . WHITE COLLAR EXEMPTIONS: DO EMPLOYERS NEED TO PAY
OVERTIME COMPENSATION TO H-1B WORKERS? [PART II]. David Nachman,
Esq., Ludka Zimovcak, Esq. and Michael Phulwani, Esq., your
Immigration and Nationality Lawyers, continue to bring employment
and familybased immigration and In the context of an H-1B visa, it
is the definition of "professional" employees that may pose a
challenge for employers in deciding whether the employee qualifies
for an exemption or not pursuant to the FLSA. There are two types
of "exempt" professional employees under the FLSA:learned
professionalsandcreative professionals. To qualify for thelearned
professionalemployee exemption, all of the following tests must be
met: (1) The employee must be compensated on a salary or fee basis
at a rate not less than $455 per week ($23,660.00 annually); (2)
The employee's primary duty[iii]must be the
http://archive.constantcontact.com/fs147/1011188341227/archive/1116698114899.html[3/3/2014
3:15:37 PM]
nationality news and updates to your TV screen each week on TV
Asia and iTV. Watch "YOUR IMMIGRATION LAWYERS" each week on iTV and
TV Asia. Please contact us at [email protected] additional U.S.
immigration law information or about how to subscribe to iTV or TV
Asia. Cut-off dates, CIR, H-1B, Treaty Visas for India? E-1 &
E-2 visas. H-1B Professional and Specialty Visas for April 1st
2014. STEM OPT for students. H-1B applications for fiscal year 2014
and Comprehensive Immigration Reform. By way of background, each
Fiscal Year (FY), Congress mandated an annual cap of 65,000 H1B
visas for "professional and specialty occupation workers" who
possess the equivalence of a U.S. Bachelor's Degree. There are also
an additional 20,000 H-1B visas available for individuals who
possess the U.S. Master's Degree or other advanced degrees from
U.S. Colleges or Universities. Some cases are NOT performance of
work requiring advanced knowledge, defined as work which is
predominantly intellectual in character and which includes work
requiring the consistent exercise of discretion and judgment; (3)
The advanced knowledge must be in a field of science or learning;
and (4) The advanced knowledge must be 'customarily' acquired by a
prolonged course of specialized intellectual instruction. TO READ
MORE ABOUT "DOL RULES FOR H-1B WORKERS OVERTIME", PLEASE CLICK HERE
. . . WHITE COLLAR EXEMPTIONS: DO EMPLOYERS NEED TO PAY OVERTIME
COMPENSATION TO H-1B WORKERS? [PART III]. To claim learned
professional exemption under the FLSA, the employee must work in a
profession where specialized academic training is a standard
prerequisite for entrance into the profession. FLSA regulations
specifically state that the best evidence for meeting this
requirement is having theappropriate academic degree. However, the
exemption may be available to employees in such professions who
have substantially the same knowledge level and perform
substantially the same work as the degreed employees, but who
attained the advanced knowledge through a combination of work
experience and intellectual instruction. Since the minimum
requirement for the H-1B visa is a baccalaureate or higher degreeor
equivalent(both for the offered job and the prospective employee)
in all probabilities this would satisfy the FLSA requirement - that
the employee must work in a profession where specialized academic
training is a standard prerequisite for entrance into the
profession - required to claim the learned professional exemption.
TO READ MORE ON "DOL RULES FOR H-1B WORKERS OVERTIME", PLEASE CLICK
HERE . . . IMMIGRATION-RELATED AUDITS: WHAT EMPLOYERS NEED TO KNOW?
There are three potential "hot spots" for audits and investigations
for the government related to the immigration and nationality laws.
The first has to do with the documentation that the employer is
required to maintain in connection with the H-1B nonimmigrant
professional and specialty and occupation worker visa. The second
area of potential audit concerns the employer's obligations under
the Immigration Reform and Control Act of 1986 ("IRCA") [Pub. L.
No. 99-603, 100 Stat. 3359] (known to HR Professionals as the "I-9
Process"). The third, and one more recent, area of audit surrounds
the new Labor Certification Application Program called "Permanent
Electronic Review Management" ("PERM"). Each of the foregoing
government programs anticipates compliance through "audit". Even a
rudimentary understanding of the complex documentary requirements
for each of these programs can help and employer to avoid potential
liability. FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . TO
UNDERSTAND THE IMPORTANCE OF PROPERLY PREPARING THE I-9 FORM AND
USE OF E-VERIFY, PLEASE CLICK HERE TO
http://archive.constantcontact.com/fs147/1011188341227/archive/1116698114899.html[3/3/2014
3:15:37 PM]
subject to the cap. For example, Institutions of Higher
Education and Government Research Organizations are H-1B Cap exempt
organizations. It continues to be the case that H-1B visa petitions
filed on behalf of current workers who have been counted previously
against the H-1B visa cap are also not included in the annual cap.
Our offices continue to assist international students who are
trying to obtain the H-1B nonimmigrant visa. We also assist
employers with E-Verify applications, so that they can offer
international students, who are working for them in Optional
Practical Training (OPT), a 17month STEM extension. In 2008, there
was a regulation that gave some assistance to international
students in the U.S. who applied for H-1B during their OPT. At that
time, a regulation was promulgated that provided "cap-gap" relief
for F-1 students with approved H-1B petitions if the H-1B was filed
while the student was still in a period of approved work
authorization. H-1B Petitions for fiscal year 2014, comprehensive
immigration reform, cir, poverty guidelines for I- CHECK OUT THE
VIDEO PRESENTATION . . . ICE RELEASES DACA RENEWAL GUIDANCE. For
many DACA applicants, June 2014 will be the time for renewal of
their EADs. Recently USCIS released guidance for those granted
deferred action under the DACA process by ICE who have an EAD
expiring in the next 120 days. According to the guidance, DACA
renewals must be approved prior to the expiration of the initial
period of deferred action to avoid a lapse in employment
authorization or accrual of unlawful presence. FOR DETAILED
INFORMATION ON DACA RENEWAL GUIDANCE, PLEASE CLICK HERE . . . For
more information about the DACA EAD Renewal and Process, please
feel free to contact NPZ Law Group, P.C. at201-6700006(x100) or
e-mail us [email protected] VISA BULLETIN FOR MARCH 2014 IS OUT!
The March 2014 Monthly Visa Bulletin shows minor to moderate
advancement of cut-offdates in all EB-2 and EB-3 categories, with
the exception of the EB-2 for India,which remains unchanged. At the
end of fiscal year 2013, there were considerable advancements incut
off dates in the EB-2 and EB-3 India categories. In order to
regulatethe large increase in demand that followed, these cutoff
dates retrogressed significantly in December. In January and
February, there wasno movement in the EB-2 or EB-3 India
categories; meanwhile, the EB-3China category continued to move
ahead of the EB-2 China category. TheMarch Visa Bulletin indicates
no movement of the EB-2 India category,minor forward movement of
the EB-3 India category, and continuedadvancement of the EB-3 China
category ahead of the EB-2 China category. As a result of continued
heavy demand, a cutoff date for individuals in the family-based
F-2A category from Mexico will retrogress to April 15th, 2012,
while a cutoff date of September 8, 2013 will remain in effect for
individuals in the F-2A category from all other countries. FOR MORE
DETAILED INFORMATION OR TO CHECK THE AVAILABILITY OF YOUR PRIORITY
DATE, PLEASE CLICK HERE . .. "IMMIGRATION NEWS AND VIEWS" - NPZ'S
NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN
IMMIGRATION LAW ISSUES. TRAINING OF CONSULAR OFFICERS. WELLTRAINED
OFFICERS CAN ENSURE AN EFFICIENT VISA PROCESS AT THE U.S. CONSULATE
ABROAD.
http://archive.constantcontact.com/fs147/1011188341227/archive/1116698114899.html[3/3/2014
3:15:37 PM]
864, varied income, joint sponsor and asset liquidation
considerations, ethics of the joint sponsorship, NVC issues,
assets, CIR, pathway to citizenship, amendments to the I-129 H-1B
Visa Petition. ----------------- Quick Links SEARCH OUR SITE THIS
MONTH'S VISA BULLETIN THE VISASERVE BLOG VISASERVE VIDEO-LOG
ENTERTAINMENT IMMIGRATION UPCOMING EVENTS CIS CASE STATUS CIS
PROCESSING TIMES DOL PROCESSING TIMES SCHEDULE AN INFOPASS
APPOINTMENT CBP BORDER WAIT TIMES BORDER WAIT TIMES Consular
officers are highly skilled and highly motivated professionals who
have been entrusted with the great responsibility of ensuring that
the border security of the United States is enforced. In order to
meet the high demand for nonimmigrant visas, consular officers
process several hundred applicants a day in as courteous and
efficient a manner as possible. This process can be stressful for
both officers and applicants alike.Applicants, especially those to
whom nonimmigrant visas are not issued, may sometimes feel that
they were treated unfairly. The U.S. State Department greatly
values customer service and trains its consular officers to uphold
the highest level of service for each applicant. Applicants can and
should expect to be treated courteously no matter the outcome of
the visa interview. Likewise, consular officers wish to be treated
respectfully, no matter the outcome of the visa interview. The
consular adjudication process is rooted in US immigration law, and
is not a capricious decision. The US State Department invests a
considerable amount of its resources into the training of its
consular officers. Every consular officer receives mandatory
seven-week training in the application of US immigration law. The
training consists of consular courses taught by senior consular
officers, group projects and case studies, and observation sessions
at airports to learn how visa holders are processed at the port of
US entry. Weekly examinations measure the consular officers'
progress and document their mastery of US immigration law. Once the
consular trainees have completed their exams, they graduate and are
officially commissioned by the US president with approval of the US
Congress, to represent the United States as consular officers.
MISSION INDIA / TEAM INDIA. INDIA CONSULATE OFFICE STAFF WORK TO
PROVIDE TRANSPARENCY AND CONSISTENCY IN THE VISA PROCESS.
http://archive.constantcontact.com/fs147/1011188341227/archive/1116698114899.html[3/3/2014
3:15:37 PM]
-----------:: 201-670-0006 (X100) For decades, the various
American posts in India had processes as diverse as the Indian
cities they inhabited, with unique procedures, local rules, and
ways of doing business that at times caused confusion and wasted
time. But in September of 2009, U.S. Embassy New Delhi and the U.S.
Consulates across India adopted an innovative approach to providing
consular services. Instead of working independently, consular units
formed a larger team. As part of Consular Team India, each consular
operation functions as part of an India-wide system, not just a
local outpost. The success of CTI in unifying five geographically,
culturally and linguistically diverse posts across an area one
third the size of the United States with a population four times
larger is a remarkable achievement. But this is no top-down
bureaucracy: each post in CTI has ownership of a specific consular
function that covers all of India, giving each post a stake in
CTI's overall success. With a common base of information and shared
responsibilities, the five offices continually share best
practices, lessons learned, metrics, and find solutions to
challenges collectively, a functioning example of the wisdom of the
motto inscribed on the Seal of the United States: e pluribus unum -
Out of many, one! Today, each and every consular customer can
expect to receive the same quality of consular services at every
post in India - and as part of the CTI approach, for most services
they can visit whichever post they find convenient, regardless of
where in India they reside. Through better coordination and
communication, CTI ensures that U.S. and Indian clients can expect
the same excellent service and familiar processes at Kolkata or
Chennai, Hyderabad or Mumbai, or in the capital New Delhi. This
innovative approach is now being replicated in other large
multi-post consular countries to better serve consular clients. As
members of CTI we are proud that the excellence we have created to
India is now helping consular customers around the globe. ::
[email protected] :: www.visaserve.com
http://archive.constantcontact.com/fs147/1011188341227/archive/1116698114899.html[3/3/2014
3:15:37 PM]