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Hackensack NJ Immigration & Naturalization Law Blog

DHS ANNOUNCES TEMPORARY PROTECTED STATUS DESIGNATION FOR NEPAL.

Secretary of Homeland Security Jeh Johnson announced his decision to designate Nepal for Temporary Protected Status (TPS) for 18 months based on the conditions resulting from the devastating magnitude 7.8 earthquake that struck Nepal on April 25th, 2015, and the subsequent aftershocks. As a result, eligible nationals of Nepal residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The Federal Register notice published today provides details and procedures for applying for TPS.

H-1B AMENDMENTS POST-SIMEIO SOLUTIONS: WHY CIS SHOULD CONSIDER TAKING OFF THE RETROACTIVITY ASPECT FROM THE "DRAFT" GUIDANCE? By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

As many are aware, putting an end to the confusion that prevailed among Immigration Practitioners for almost two decades, the Administrative Appeals Office (AAO), through a Precedent decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), clarified that an amended H-1B Petition, with the corresponding LCA, is required to be submitted to United States Citizenship and Immigration Services (USCIS) when there is a material change in the terms and conditions of employment.

Who Really Let the Disney Tech Workers Down: Disney or the H-1B Visa Program? By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

As reported by the New York Times on Friday, June 5, 2015, Disney layoffs and replacement by H-1B workers provided by HCL Americas (HCL) drew a flood of comments. Not less than 2,800 comments were received in response to the original New York Times article, Pink Slips at Disney. But First, Training Foreign Replacements, by Julia Preston. As expected, most of the comments raised concerns and suspicions about the H-1B visa program. The story traces its origin to a Senate Judiciary Committee hearing, presided by Senator Chuck Grassley (R-IA), on March 17, 2015, to examine whether employers were displacing American tech workers by hiring immigrants at lower wages on H-1B visas. As reported by the New York Times, after the hearing, former employees from several companies, including Disney, were prompted to contact Ms. Julia Preston, a national correspondent who has covered immigration law issues for The Times since 2006.

USCIS Draft Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision

On April 9, 2015, USCIS' Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that the employers must file amended H-1B petitions when a new Labor Condition Application (LCA) for Nonimmigrant Workers is required due to a change in the H-1B worker's worksite location. Specifically, the decision stated:

USCIS Publishes Filing Guidance for Certain H-4 Dependent Spouses

USCIS on May 21, 2015, published information to help eligible H-4 dependent spouses who want to apply for employment authorization under the Employment Authorization for Certain H-4 Dependent Spouses final rule.

FIVE THINGS ASYLUM APPLICANTS SHOULD KNOW ABOUT THE 180-DAY ASYLUM EAD CLOCK. By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

#1: WHAT IS THE 180-DAY ASYLUM EAD CLOCK?

BENEFICIOS HUMANITARIOS: ¿ES OBLIGATORIO TENER UNA I-130 APROBADA Y QUIEN PODRÍA FIRMAR UNA DECLARACIÓN DE APOYO? Por: Michael Phulwani, Esq, David H. Nachman, Esq. y Rabindra K. Singh, Esq.

Introducción

HUMANITARIAN BENEFITS: IS IT MANDATORY TO HAVE AN APPROVED I-130 & WHO COULD SIGN AN AFFIDAVIT OF SUPPORT? By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

Introduction

Attention U.S. Employees Traveling to Canada!

Under NAFTA, workers in the USA can often times appear at a Canadian Port of Entry and present their applicaton for a work permit in Canada, and receive a work permit for $150. But since the spring, many U.S. workers have been turned away and told that there is a new "filing" requirement they need to satidfy before making their Port application.

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