As discussed in our recently co-authored Article, H-1B AMENDMENTS POST-SIMEIO SOLUTIONS: WHY CIS SHOULD CONSIDER TAKING OFF THE RETROACTIVITY ASPECT FROM THE “DRAFT” GUIDANCE, United States Citizenship and Immigration Services (USCIS) in its revised Final Guidance, that came out on July 21, 2015,...

PRESS RELEASE - INDIANAPOLIS, INDIANA - FOR IMMEDIATE RELEASE - JULY 29th 2015:

Every day the immigration lawyers and immigration law professionals at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., help the dreams of foreign national coming to the U.S. to become true. However, this past week, the VISASERVE TEAM contributed to making...

By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

United States and Citizenship Services (CIS), agreeing with the U.S. Court of Appeals for the Third Circuit decision in Shalom Pentecostal Church v. Acting Secretary DUS[1] that its 2008 regulation was ultra vires,...

EB-3 Update and Significant Retrogression in EB-3 China. In August, EB-3 China will retrogress seven years to June 1, 2004. It initially appeared that there would be unused family-sponsored numbers available in this category, allowing for advances in the cut-off date earlier in the year. But, demand in family-sponsored China has changed drastically, making...

 

EB-4 & EB-5 Basics. from Nachman Phulwani Zimovcak (NPZ) Law Group, P.C.

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...

 

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...

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,...

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:

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