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Hackensack NJ Immigration & Naturalization Law Blog

DO NOT FALL PRAY TO THE SCAM ARTISTS: Immigration Law Practitioners Nationwide Warn theirs Clients and the Public about Immigration Scams. - By: David Nachman, Esq., Michael Phulwani, Esq. and Rabindra Singh, Esq.

Immigration practitioners are warning companies and employees to avoid immigration-related scams. Types of scams reported recently include:

SPONSORED IMMIGRANT'S UNJUST ENRICHMENT: IS THERE A SIXTH WAY TO CUT-OFF A SPONSOR'S OBLIGATION UNDER THE AFFIDAVIT OF SUPPORT (FORM I-864)? : Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

Affidavit of Support under Section 213A of the Immigration and Nationality Act (INA) is required for most family-based and some employment-based immigrants to show that they have adequate means of financial support and are not likely to become public charge. Immigrants who are deemed likely to become public charges may gain admission to the United States if a sponsor signs United States Citizenship and Immigration Services Form I-864, Affidavit of Support, thereby promising to maintain the sponsored immigrant at no less than 125% of the Federal Poverty Guidelines for the immigrant's household size. See 8 CFR § 213a.2(c)(2). The Sponsor's promise to maintain the immigrant is intended not only to protect the immigrant from poverty, but to protect the Government from a public burden.

ATTENTION AUX FRANCAIS!: Canada is Seeking to Attract French Speaking Workers

Canada is a bilingual country. All English speaking provinces (outside of Québec) must also provide some services, by law, in French. English Canada is thus looking to increase its French-Speaking population, and in order to attract French-speaking foreign nationals ("Francophones"), it has announced some very interesting immigration laws.

Canada's International Mobility Program (IMP)

A new addition to the TFWP is the International Mobility Program (IMP). This program allows foreign nationals to be LMIA-exempt. The IMP's primary objective is to advance Canada's broad economic and cultural national interest. As a result, this program is not based on filling particular jobs or meeting employer demands. Rather, this program encompasses multilateral/bilateral agreements with other countries (e.g. NAFTA, GATS). Additionally, these workers are primarily high skilled workers with high wages from developed countries (ie. U.S.A).

Labour Market Impact Assessment (LMIA) in the Temporary Foreign Worker Program (TFWP): A Benefit or Disadvantage?

The Temporary Foreign Worker Program (TFWP) governs the hiring of foreign workers to work in Canada temporarily. Plainly stated, the objective of the TFWP is to ensure the recruitment of foreign workers as a last resort, when no Canadians are available to do the job. In order for a Canadian employer to hire a foreign worker, a Labor Market Impact Assessment (LMIA) must therefore be approved by the Government.

The Canadian Law Group Transfers IT Workers to Canada!

The Canadian Law Group is pleased to announce that it continues to successfully transfer high-level IT workers from foreign countries like Israel, to Canada. This is indeed a success, considering the recent changes to intra-company transfer law.

THE MANY FACES OF THE ASYLUM PROCESS: APPLYING FOR ASYLUM IN THE UNITED STATES. By Michael Phulwani, Esq., David Nachman, Esq. and Rabindra Singh, Esq. (statistics courtesy of the American Immigration Council - Washington DC)

Asylum is a protection granted to foreign nationals already in the United States or at the border who meet the international definition of a "refugee." A refugee is defined as a person who has been persecuted or has a well-founded fear of being persecuted "on account of race, religion, nationality, membership in a particular social group, or political opinion."

WHAT YOU GET AS A CLIENT OF THE IMMIGRATION LAW OFFICES OF THE NPZ LAW GROUP - WE ARE U.S. AND CANADA IMMIGRATION LAWYERS - OUR PRACTICE IS LIMITED TO U.S. AND CANADIAN IMMIGRATION LAW:

Exclusive immigration law expertise. Does the law firm practice immigration law exclusively or does it practice other areas of law in addition to immigration law? At NPZ Law Group, we practice only immigration law. Immigration law is an extremely complex area of the law.

U Nonimmigrant Status Certification: A Hoop That Every U Visa Beneficiary Needs To Jump Through. By Michael Phulwani, Esq., David Nachman, Esq. and Rabindra Singh, Esq.

A foreign national who has been victim of criminal activity may qualify for U Nonimmigrant Status. The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.

When And In Which Form The H-4 Employment Authorization Rule Will Come Out? - Michael Phulwani, Esq., David Nachman, Esq. and Rabindra Singh, Esq.

On May 6, 2014, the Department of Homeland Security (DHS) announced the publication of a proposed rule to extend employment authorization to dependent spouses (not dependent children) of certain H-1B workers. On May 12, 2014, DHS published the Notice of Proposed Rulemaking ("NPRM") in the Federal Register. The NPRM was subject to a sixty-day public comment period which ended on July 11, 2014. More than 12,000 comments were received. At present, DHS is reviewing those comments to finalize the rule.

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