Npz law group's u.s. & canadian immigration law update immigration reform h 4 visas

http://archive.constantcontact.com/fs147/1011188341227/archive/1117356758266.html[5/16/2014 11:51:03 AM]
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
AND ITV: VLOG &
USCIS NEWS
UPDATES ON THE
WEB.
DID YOU LOSE THE
LOTTERY? CONSIDER
EXPLORING WORK
VISA OPTIONS
BEYOND THE H-1B
CAP.
INDIA'S ELECTIONS
ARE LOOMING:
EXPORTS TO US HAS
SHOWN INCREASING
TREND.
BETTER LATE THEN
NEVER: USCIS
PROPOSES NEW
RULE FOR H-4
DEPENDENT
SPOUSES.
OBAMA
ADMINISTRATION TO
PROMOTE HIGH
Dear Readers:

The spouses of some H-1B visaholders could receive work
authorization in the U.S., according to a proposed rule
change announced by the Department of Homeland Security
(DHS). This change, finds its genesis in President Obama's
initiative to strengthen entrepreneurship and retain talent.
Deputy Secretary Alejandro Mayorkas stated: "These steps
will help the U.S. maintain competitiveness with other
countries in our efforts to attract the best and the brightest
high-skilled workers from around the world to support
companies here at home. Businesses continue to need these
high-skilled workers, and these rules ensure we do not cede
the upper hand to other countries competing for the same
talent."

The rule change will amend existing regulations to allow H-4
dependent spouses of certain H-1B visaholders to request
employment authorization. Under current regulations, DHS
does not allow employment authorization to H-4 dependents.
The proposed changes allow H-4 dependent spouses of
certain H-1B nonimmigrant workers to request employment
authorization, as long as the H-1B worker has started the
green card process through employment.

The proposed changes address visa rules that have caused
difficulties for the spouses of skilled immigrants (mainly from
China, India and the Philippines), who are working on H-1B
visas. Spouses, mainly wives, often have skills and
education, but are not authorized to work in the U.S., causing
their careers to languish. The change is important given the
backlogs for green cards. Spouses of highly-skilled workers
with H-1B visas will now be able to seek employment during

SKILLED H-1B1, CW-1
NON-IMMIGRANT AND
EB-1 IMMIGRANTS.
STARTING ON MAY
5TH, 2014, ONLY THE
CURRENT
NATURALIZATION
APPLICATION WILL BE
ACCEPTED BY USCIS.
THE VISA BULLETIN
FOR JUNE 2014 IS
OUT! MORE MIXED
NEWS FOR PRIORITY
DATE HOPEFULS.
BREAKING CANADIAN
IMMIGRATION LAW
NEWS: NEW CAPS
FOR FEDERAL
SKILLED WORKER,
FEDERAL SKILLED
TRADES.
SOME H-4's MAY SOON
BE ABLE TO WORK:
WATCH THE VIDEO.
OPTIONS FOR H-1B
LOTTERY LOSERS -
PART 1: WATCH THE
VIDEO.
YOUR
IMMIGRATION
LAWYERS,
MICHAEL
PHULWANI, ESQ.
AND DAVID
NACHMAN, ESQ.
AND LUDKA
ZIMOVCAK, ESQ.,
PROVIDE U.S.
IMMIGRATION
LAW UPDATES
ON ITV: VLOG &
USCIS NEWS
UPDATES ON THE
WEB & ON TV.
David Nachman, Esq.,
Ludka Zimovcak, Esq.
and Michael Phulwani,
Esq., your Immigration
long waits.

In addition, and in furtherance of the same policy, another
new rule was announced that will expand the current list of
evidentiary criteria for employment-based preference (EB-1)
outstanding professors and researchers to allow the
submission of evidence comparable to the other forms of
evidence already listed in the regulations. This new rule
harmonizes the regulations for EB-1 outstanding professors
and researchers with other employment-based immigrant
categories. The two proposed changes are important, but are
not a long-term fix. Congress needs to act immediately and to
pass legislation to reform the immigration system and to
create an unfettered pathway for foreign entrepreneurs and
innovators.

For more information about work authorization for H-4
visaholders or about CIR, please feel free to contact the U.S.
and Canadian Immigration and Nationality Lawyers at the
Nachman Phulwani Zimovcak (NPZ) Law Group at
info@visaserve.com or by calling our offices at 201-670-
0006 (x107).

Also, and needless to mention but, if you like our newsletter
and videos, please do not forget to "LIKE" us on FACEBOOK
and on YOUTUBE!
DID YOU LOSE THE LOTTERY? CONSIDER
EXPLORING WORK VISA OPTIONS BEYOND THE H-
1B CAP.
USCIS announced that it has received 172,500 H-1B petitions for the
fiscal year 2015 that will begin October 1st, 2014. The lottery (also
referred as "random selection process") has been completed and
USCIS sent receipt notices.

With uncertainty looming large as to who may or may not cross the
'threshold' hurdle of H-1B visas, it is time that prospective H-1B visa
beneficiaries start exploring other work visa options that may allow
them to remain in the U.S. on a temporary basis.

This article seeks to provide readers with the snapshot of possible work
visa options that may be available to the unlucky prospective H-1B visa
beneficiaries who do not make to the H-1B cap.

TO READ MORE ON "ALTERNATE WORK VISA OPTION BEYOND
H-1B CAP", PLEASE CLICK HERE . . .
INDIA'S ELECTIONS ARE LOOMING: EXPORTS TO
US HAS SHOWN INCREASING TREND.
A Seminar on "President Outlook on Comprehensive Immigration
Reform of U.S. and way to establish a 'Subsidiary' as a conduit for
Immigration" was organized by FIEO in Mumbai and through video
conferencing in New Delhi on January 22, 2014.

Mr. Amit Goyal, Vice President and Regional Chairman, FIEO West

and Nationality Lawyers,
continue to bring
employment and family-
based immigration and
nationality news and
updates to your TV
screen each week on
iTV. Watch "YOUR
IMMIGRATION
LAWYERS" each week
on iTV. Please contact
us at
info@visaserve.com for
additional U.S.
immigration law
information or about how
to subscribe to iTV.

H-1B'S REACHED
CAP, PREMIUM
PROCESSING |
ALTERNATIVES TO
H-1BS | RFE'S | H-
1B'S TIMELINE

- H-1B's reached cap on
april 5th, 2014; lottery
conducted; premium
processing 20th; May
5th now returning H-
1b's;
- Alternatives to H-1B's -
TN, E-3, O-1, etc...
- H-1B's RFE
- H-1B timeline

Post H-1B filing,
Changing to
another
nonimmigrant visa,
Receiving an RFE
for H-1B petitions
or applications


Region welcomed U.S. Immigration and Nationality Attorneys, David
Nachman and Michael Phulwani for the seminar. Mr. Ahluwalia,
Managing Committee Member, FIEO and Mr. Ashish Jain, Director
FIEO North Region were present at the event through video
conference.

TO READ MORE, PLEASE CLICK HERE . . .
BETTER LATE THEN NEVER: USCIS PROPOSES NEW
RULE FOR H-4 DEPENDENT SPOUSES.
Recently, the Department of Homeland Security, proposed to extend
the availability of employment authorization to certain H-4 dependent
spouses of principal H-1B nonimmigrants. The extension would be
limited to H-4 dependent spouses of principal H-1B nonimmigrants
who are in the process of seeking lawful permanent resident status
through employment.

This population will include those H-4 dependent spouses of H-1B
nonimmigrants if the H-1B nonimmigrants are either the beneficiaries
of an approved Immigrant Petition for Alien Worker (Form I-140) or
who have been granted an extension of their authorized period of
admission in the United States.

TO READ MORE, PLEASE CLICK HERE . . .

OBAMA ADMINISTRATION TO PROMOTE HIGH
SKILLED H-1B1, CW-1 NON-IMMIGRANT AND EB-1
IMMIGRANTS.
Recently DHS proposed to amend its regulations in several ways to
improve the programs serving the E-3, H-1B1, and CW-1
nonimmigrant classifications and the EB-1 immigrant classification for
outstanding professors and researchers.

The proposed changes would harmonize the regulations governing
these classifications with regulations governing similar visa
classifications by removing unnecessary hurdles that place E-3, H-
1B1, CW-1 and certain EB-1 workers at a disadvantage.

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
STARTING ON MAY 5TH, 2014, ONLY THE CURRENT
NATURALIZATION APPLICATION WILL BE



- Post-H-1B filing:
Options for those not
selected, exemptions for
the H-1B cap, those on
OPT (STEM extensions)
- Changing into other
nonimmigrant visa
categories;
- Receiving RFE
(Requests for Evidence)
for H-1B petitions;
queries involving
businesses necessity to
have H-1B applicant,
educational equivalency
and experience,
submitting a strong
application initially to
avoid an RFE.

=============

UPCOMING EVENTS

NJICLE: U.S.
Immigration Law
Basics

When:
Thursday, June 26,
2014

Time:
9:00 AM to 4:30 PM

Where:

NJ Law Center
One Constitution
Square
New Brunswick, NJ

* * * * * * *

NJICLE: Hiring,
Retaining &
Terminating
Foreign Nationals
- A Webinar

When:
Tuesday, Sept. 30, 2014

Time:
12 PM to 1:40 PM

For detailed
ACCEPTED BY USCIS.
Beginning May 5th, 2014, USCIS will only accept the current edition
of Form N-400, Application for Naturalization. USCIS also mentioned
that it will reject and return all naturalization applications using previous
versions of Form N-400 received after Sunday, May 4th, 2014.
THE VISA BULLETIN FOR JUNE 2014 IS OUT! MORE
MIXED NEWS FOR PRIORITY DATE HOPEFULS.
Recently, the U.S. Department of State (DOS) released the June 2014
Visa Bulletin. The Philippines EB-3 continued to move steadily. It is
now into 2008.

The Chinese EB-2 and EB-3 are no longer inverted. The Chinese EB-3
moved all the way back to October 2006. It remains to be seen if the
Chinese EB-2 and EB-3 categories will swap places again in the
beginning of the next fiscal year, which is October 1, 2014.
The "All Other" EB-3 category moved back as well. It is now at April
2011. It is not likely to progress until the beginning of the next fiscal
year. The Indian numbers basically remained the same. For more
information about Priority Dates and how long it may take for you to get
your green card please e-mail us at info@visaserve.com . . .

CANADIAN IMMIGRATION LAW UPDATES:
NPZ NEWS FROM NORTH OF BORDER.
BREAKING CANADIAN IMMIGRATION LAW NEWS:
NEW CAPS FOR FEDERAL SKILLED WORKER,
FEDERAL SKILLED TRADES PROGRAMS, AND
CANADIAN EXPERIENCE CLASS.
Follow recent changes to the Canadian Immigration Law with our
colleague, Veronique Malka, Manager of the CLG at NPZ . . .

EFFECTIVE MAY 1st, 2014, THE CANADIAN GOVERNMENT HAS
ANNOUNCED THE FOLLOWING:

Federal Skilled Worker Program: Federal Skilled Workers are chosen
as permanent residents based on their ability to prosper in Canada.
They are assessed according to a selection grid made up of six
factors, including language, education, work experience, etc.
Overall cap of 25,000 applications in eligible occupations stream
Cap of 500 applications for PhD eligibility stream
No limit on applicants who have a valid job offer from a
Canadian employer
Sub-caps of 1,000 applications for each of the 50 eligible
occupations below (their 2011National Occupational
Classification (NOC) code is included in brackets):

information, please
click here . . .
*******

Quick Links
SEARCH OUR SITE

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BLOG

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IMMIGRATION

UPCOMING
EVENTS

CIS CASE STATUS

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TIMES

SCHEDULE AN
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BORDER WAIT
TIMES


"IMMIGRATION NEWS AND VIEWS" - NPZ'S
NEW PRACTICAL SERIES ON YOUTUBE
ABOUT VARIOUS U.S. AND CANADIAN
IMMIGRATION LAW ISSUES.
SOME H-4's MAY SOON BE ABLE TO WORK.

Spouses of H-1B or nonimmigrant visa holders (H-4 visa holders) can
now breathe a sigh of relief as the Department of Homeland Security
(DHS) in the U.S has extended employment opportunities. Prior to this
regulatory change, spouses were not allowed to be employed, leading
to frustration and inconvenience among qualified immigrants.
According to the data collected by United States Citizenship and
Immigration Services (USCIS) many (thousands of) spouses had to
wait for sometimes as long as 12 years to get a green card or work
permit before they could work.
The ability for H-4 nonimmigrants to work is only be provided to the
spouses of highly-skilled H-1B visa holders who are "on the road" to
the green card. The selective provision has been granted to maintain a
transparency in the organization as well add to the economic growth of
the nation. The Obama Administration has taken this initiative to

- - - - - - - - - - - -
:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
provide equal opportunity for qualified and deserving individuals to
make their mark in the U.S. and to remain globally competitive.
DHS has stated that it recognizes this rule will encourage H-1B skilled
workers to not abandon their adjustment application because their H-4
spouse is unable to work.
OPTIONS FOR H-1B LOTTERY LOSERS - PART 1

Now that all of the new H-1B visas for the 2015 Fiscal Year have been
allocated, What options do Employers who are looking to hire Foreign
National Professionals have?
Here are some creative solutions to this problem:
OPT - STEM Extension
If the company is registered for E-Verify, the database that enables
employers to verify the legitimacy of work authorization and identity
documents at the time of hire, those who have been granted 12
months of Optional Practical Training after graduation, are eligible for a
STEM extension of an additional 17 months of work authorization.
O-1 Visa
The O-1 visa is suited for individuals of extraordinary ability or
achievement. The O classification is a useful and flexible alternative to
the H-1B program because there is no overall limit on time in the
classification and there is no cap. O-1 beneficiaries in the sciences,
arts, education, business, or athletics must have extraordinary ability
"demonstrated by sustained national or international acclaim."
E-3 Visa
The E-3 visa classification is limited to Australian Professionals. The E-
3 visa is a "specialty occupation" visa similar to the H-1B visa.
Therefore to be eligible for the visa, the Australian citizen must
possess a bachelor's degree or higher (or its equivalent) in the
specialty and the specialty occupation must require the degree. There
is a 10,500 annual limit on the E-3 visa.
L-1 Visa
The L-1 visa is an option for international organizations with offices in
the United States who transfer employees to the United States for
temporary periods of time. In order to be eligible for an L-1 visa, the
petitioning entity must prove that the beneficiary of the visa has worked
for the non-U.S. based sister company/subsidiary for at least one full
year within the last three years as an executive, manager or employee
with specialized knowledge.

H-1B Visa for FY2016
WAIT for the H-1B FY2016 Quota. The H-1B FY2016 Quota will open
on April 1, 2015 with employment beginning on October 1, 2015.
65,000 visas are annually allocated to foreign nationals who possess a
bachelor's degree or higher (or its equivalent) in the specialty and the
specialty occupation must require the degree. We can begin to prepare
cases for the annual quota now; however, no cases will be filed with
the USCIS towards the CAP until after April 1, 2015.

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Npz law group's u.s. & canadian immigration law update immigration reform h 4 visas