Blog Topic

Immigration News and Analysis
Posted by: euser
May 21, 2013

International Students to Be Subject to Increased Scrutiny Upon Return to the U.S.

According to an internal memorandum from a senior official at Customs and Border Protection (CBP), all F-1 visa holders seeking admission to the United States will now have the validity of their student status checked by a border agent prior to being admitted into the country.

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NBC Practice Pointer: Waiver of Adjustment Interviews for Certain Family-Based Petitions
Posted by: euser
May 15, 2013

On October 2012, USCIS announced that it was transferring certain filings from the four USCIS service centers to either a field office or the National Benefits Center (NBC) in order to balance the workload and processing times. As part of this workload shift, USCIS transferred interview-waivable family-based Forms I-485 from the California Service Center (CSC) to the NBC.

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WORKING WITH AN IMMIGRATION ATTORNEY: WHAT YOU CAN EXPECT.
Posted by: euser
February 20, 2013

You may encounter a situation in which you need the assistance of an immigration attorney and you may realize that despite the number of qualified and competent immigration attorneys, there are also some that are not as good. But how do you determine this? This article will serve as a guide to help you with your task by providing some general tips in deciding which attorney is right for you as well as by giving guidance in what to expect in working with that attorney and his or her staff.

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NACHMAN PHULWANI ZIMOVCAK APPLAUDS PRESIDENT OBAMA'S STATEMENT ABOUT IMMIGRATION REFORM DURING HIS STATE OF THE UNION ADDRESS.
Posted by: euser
February 13, 2013

RIDGEWOOD, NEW JERSEY - The immigration lawyers and attorneys at Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. commend President Obama for emphasizing the need for immigration reform in his State of the Union address on February 12^th 2013. Focusing on the economic benefits of immigration and the consensus that is building around the need for immigration reform, the President noted the importance of a roadmap to citizenship for the 11 million undocumented, and the need for real solutions for the "legal immigration system to cut waiting periods, reduce bureaucracy, and attract the highly-skilled entrepreneurs and engineers that will help create jobs and grow our economy." He called on Congress to move forward and "get it done."

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USCIS BEGINS TRANSITION TO CENTRALIZED POLICY MANUAL
Posted by: euser
January 11, 2013

U.S. Citizenship and Immigration Services (USCIS) today began the agency's transition toward an online, centralized manual of immigration policies by releasing the first volume of the new USCIS Policy Manual-- the Citizenship and Naturalization volume. The release follows an unprecedented, agency-wide review of USCIS policies that incorporates feedback from thousands of agency employees, customers and stakeholders.

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Entrepreneur Pathways
Posted by: euser
January 09, 2013

The Entrepreneur in Residence (EIR) Initiative

On October 11, 2011, USCIS Director Alejandro Mayorkas announced a new initiative to harness industry expertise from the public and private sectors and increase the job creation potential of employment-based and high-skilled visa categories. Called 'Entrepreneurs in Residence', the initiative built upon a series of policy, operational, and outreach efforts within the framework of existing immigration laws. The EIR program was part of a wider White House and Department of Homeland Security (DHS) effort to grow the U.S. economy and create American jobs.

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VISA FEE INCREASE EFFECTIVE FEBRUARY 2013
Posted by: euser
December 20, 2012

A new press release from Washington states that as of February 1, 2013, the United States Citizenship and Immigration Services (USCIS) will begin collecting a new USCIS Immigrant Fee of $165 from foreign nationals seeking permanent residence in the U.S.

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CAN INDIAN NATIONALS AVOID THE VISA INTERVIEW? INTERVIEW WAIVER EXPANSION PROGRAM ANNOUNCED BY U.S. MISSION IN INDIA.
Posted by: euser
November 28, 2012

First discussed by U.S. Mission in March of 2012, the Interview Waiver Program (IWP) was touted as a process by which the U.S. Department of State (DOS) continues to work to streamline the visa process for Indian applicants. The IWP seeks to allow qualified individuals to apply for certain classes of nonimmigrant visas without being interviewed in-person by a U.S. Consular Officer at the U.S. Consulate Offices in India. Due to the recent success of the IWP, as well as the increased visa demand in India, the U.S. Mission recently announced that it will seek to expand the IWP. The IWP seeks to save financial resources for the U.S. government and focuses on ensuring the safety and security of the United States by ensuring that those individuals that come do not pose a threat to our Nation's Security.

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CHANGING FROM ONE NONIMMIGRANT VISA STATUS TO ANOTHER.
Posted by: euser
November 21, 2012

On almost a daily basis we receive calls from clients and potential clients who ask us the difference between "Changing Status in the U.S." and "Adjusting Status in the U.S." The words sound the same but the procedures are quite different. When one "Changes Status" in the U.S. it is done in the context of shifting or moving from one Nonimmigrant Visa Status to another. On the other hand, when someone wants to "Adjust their Status" this means that they are seeking to obtain Lawful Permanent Residence in the U.S. (usually by moving or shifting from a nonimmigrant status to the green card.

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GETTING THE GREEN CARD THROUGH A FAMILY MEMBER'S SPONSORSHIP: One Way To Immigrate to the U.S.
Posted by: euser
November 15, 2012

One way of permanently immigrating to the U.S. is through sponsorship from your close relatives. This falls under the category of family-based immigration; one of the ways Congress has emphasized the importance of family unification in American Immigration Law. There are certain important criteria, however, that must be met in order to successfully qualify as eligible for family-based immigration and in order to qualify as a relative's sponsor.

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FOREIGN MEDIA REPRESENTATIVES: HOW TO BE AN ?I? VISA HOLDER IN THE U.S.
Posted by: euser
November 15, 2012

Are you a photographer, writer or individual who works for a foreign media organization? Are you interested in coming to the U.S. to write stories or cover an event or to provide media support to your organization? Well, if so, the Media Visa (I Visa) may be for you.

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PRESIDENT OBAMA'S NEXT FOUR YEARS: WHAT IS THE FUTURE OF IMMIGRATION? - By: Michael Phulwani, Esq., David Nachman, Esq. and Ridhima Goyal
Posted by: euser
November 14, 2012

President Obama's re-election last Tuesday has been partly the result of, and will play a large role in, U.S. immigration law. Immigration is arguably what defines America as a nation in many ways. American is a nation whose foundation is comprised of the work and spirit of immigrants; it has always been a refuge and a place where one can pursue their dreams in a tangible way. In many cases, it is the only country where immigrants have ever been able to call home. This holds, particularly, for those brought to the U.S. as children and for whom President Obama's Deferred Action and Childhood Arrivals (DACA) is critical. With the re-election of President Obama, there is a possibility that immigration processes can be improved and for specific programs, such as the DACA and Comprehensive Immigration Reform (CIR), to be successfully implemented.

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GETTING A GREEN CARD THROUGH EMPLOYMENT - THE "BLOOD AND GUTS" OF THE PERM LABOR CERTIFICATION PROCESS: By David Nachman, Esq. and Michael Phulwani, Esq.
Posted by: euser
November 13, 2012

While there are many ways to get the green card in the U.S., the most common one in the employment-based arena is using the PERM Labor Certification Process. A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL's Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

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IF I GET THE GREEN CARD, CAN I LOSE A GREEN CARD: International Travel as a Permanent Resident. By David H. Nachman and Michael Phulwani, Esq. - Managing Attorneys at the Nachman Phulwani Zimovcak, P.C. Law Group, P.C. (offices in NY, NJ and an affiliated office in Mumbai, India).
Posted by: euser
October 29, 2012

Once an individual obtains their lawful permanent residence status in the U.S. the immigration lawyers and attorneys in our office have to explain that the green card CAN be taken away by the U.S. government. A n individual's lawful permanent residence can be revoked, rescinded, abandoned or terminated by the U.S. government for a variety of reasons. One of the most frequent reasons to lose lawful permanent residence is the failure by a green card holder to maintain their lawful permanent residence in the U.S.

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GOVERNOR ROMNEY CREATES TURMOIL FOR POTENTIAL DACA BENEFICIARIES
Posted by: euser
October 26, 2012

Governor Mitt Romney, the GOP Presidential hopeful, has taken a position in his Election Campaign that has created turmoil for many young immigrants living in the country illegally, says Michael Phulwani, Esq. and David Nachman, Esq. Managing Attorneys at the Nachman Phulwani Zimovcak Law Group, P.C. Echoing the concerns of the other immigration advocates, Attorneys Nachman and Phulwani, point out that "the laws of the United States are predicated upon predictability and without predictability we can certainly understand why potential Deferred Action and Childhood Arrival Beneficiaries have been slow to act."

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S. 3245 WAS SIGNED INTO THE LAW BY PRESIDENT OBAMA ON FRIDAY, SEPTEMBER 28TH, 2012. THE VISA EXTENDS THE EXPIRATION DATES OF THE EB-5 REGIONAL CENTER PROGRAM, THE SPECIAL IMMIGRANT NON-MINISTER RELIGIOUS WORKER PROGRAM, AND THE CONRAD STATE 30 J-1 VISA WAIVER PROGRAM
Posted by: euser
October 24, 2012

On September 28, 2012, President Obama signed into law an extension of several important immigration law programs.

The EB-5 Regional Center Program, similar to the EB-5 Investor Program, enables stimulation of the U.S. economy by overseas investors, the difference being that the EB-5 Regional Center Program is provided for by "The Immigrant Investor Pilot Program" through investments that are affiliated with an economical unit known as a "Regional Center". Under the main EB-5 Investor Program, minimum investment of $1 million dollars is required. However, under the Regional Center Program, minimum investment of $500,000 is required. In both cases, job creation of at least 10 U.S. workers is required. EB-5 Program, which was scheduled to expire on September 30, 2012, has been extended to September 30, 2015.

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Authority of U.S. Customs and Border Protection Agents: An Overview And Annual Update of Federal Poverty Guidelines - By Michael Phulwani, Esq. and David H. Nachman, Esq.
Posted by: euser
October 23, 2012

U.S. Customs and Border Protection (CBP) was established in 2003 as an arm of the Department of Homeland Security (DHS). It combined agents from the U.S. Customs Service, the former Immigration and Naturalization Service and agricultural inspectors, who monitor the ports of entry, and the U.S. Border Patrol, who monitor the area between ports of entry.

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THE IMMIGRATION PERSPECTIVE ON THE PRESIDENTIAL ELECTION: WHICH PARTY HAS THE NATION'S VOTE? By Members of the NPZ Law Group - David H. Nachman, Esq., Michael Phulwani, Esq. and Ridhima Goyal
Posted by: euser
October 22, 2012

The Republican and Democratic parties' individual stances on immigration are aptly reflective of each of their core values. Just as the Republican Party shuns liberalism and promotes conservative ideals, similarly its platform regarding immigration is austere in its support of the law and opposes any form of amnesty. Likewise, the Democratic Party embraces policies such as Comprehensive Immigration Reform (CIR) which aim to reinforce America's lure of being a nation of immigrants just as the party values fairness and opportunity in other aspects. Thus, each party is on the opposite end of an extremely broad spectrum and an understanding of their immigration platforms will shed light on their placement within the larger scheme.

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2014 DIVERSITY VISA LOTTERY PROGRAM REGISTRATION - By Michael Phulwani, Esq. and David H. Nachman, Esq.
Posted by: euser
October 12, 2012

Immigration & Nationality Act makes available up to 55,000 permanent resident immigrant visas each year by random selection through a Diversity Visa lottery (DV). The annual DV program makes permanent residence visas available to persons meeting the simple, but strict, eligibility requirements. Diversity Visa entries are chosen by a computer-generated random lottery drawing. The visas are distributed among six geographic regions with a greater numberof visas going to regions with lower rates of immigration, and no visas going to citizens of countries sending more than 50,000 immigrants to the U.S. in the past five years. Within each region, no one country may receive more than 7% of the available Diversity Visas in any one year.

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A NEW IMMIGRATION LAW WAS SIGNED BY PRESIDENT OBAMA ON FRIDAY, SEPTEMBER 28TH, 2012. THE NEW LAW VISA EXTENDS THE EXPIRATION DATES OF THE EB-5 REGIONAL CENTER PROGRAM, THE E-VERIFY PROGRAM, THE SPECIAL IMMIGRANT NON-MINISTER RELIGIOUS WORKER PROGRAM AND THE CONRAD STATE 30/J-1 VISA WAIVER PROGRAM. - By Michael Phulwani, Esq., David Nachman, Esq. and Ridhima Goyal
Posted by: euser
October 10, 2012

In an election year, there is generally little movement (and sometimes interest) when it comes to passing U.S. immigration laws. However, on September 28th, 2012, President Obama signed into law an extension of several critical immigration law programs, some of which have had widespread support, such as the Non-Minister Religious Worker Program and the Conrad State 30/J-1 Visa Waiver Program. The EB-5 Regional Center Program and E-Verify, on the other hand, have experienced mixed reception.

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