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Wednesday, March 17, 2021
U.S. and Canadian Immigration and Nationality Law (Bimonthly) Newsletter and Updates. |
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Dear Readers:
This past week we continued to prepare our corporate and business clients for filings in the 2022 H-1B Registration period. We were greeted with some good news that the US Department of Justice will no longer defend the Legacy Trump Support Guidelines. We are not sorry to say that we happy to see the I-944, Declaration of Self-Sufficiency, fall by the wayside.
The I-944 Form created unnecessary confusion and delay in the Adjustment of Status (Green Card) process for many applicants. Although a formal announcement seems to still be “in the works”, it is with sincere delight that the NPZ staff will bid farewell to the preparation and adjudication of Form I-944.
We are also pleased to report that Consulate offices worldwide seem to be slowly moving forward with their caseloads. Additionally, we are pleased to report that, once again, we are receiving receipt notices, interview notices, etc. from DHS with increasing frequency.
We remind our readers that we are immigration and nationality lawyers (US and Canada) and we assist our clients with the full- spectrum of immigration and nationality law services. Please feel free to contact us by emailing us at NPZ Law Group - Immigration Lawyers or by contacting us by phone at 201-670-0006 (x104). We invite the opportunity to assist you, your friends, your colleagues, and/or your family members with even the most complex of US immigration and nationality law matters.
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ABCs OF H-1Bs (THIS IS PART VI OF AN VIII PART SERIES): THE H-1B CAP WAS REACHED; DO I STILL HAVE A CHANCE OF GETTING AN H-1B VISA? |
As per the new changes implemented for the fiscal year 2022 H-1B cap, U.S. Citizenship and Immigration Services has opened the initial registration period from March 9th through March 25th, 2021. During this period employers seeking an H-1B will need to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, to first electronically register and pay the associated $10.00 H-1B registration fee before filing a petition for the fiscal year 2022 H-1B cap.
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WHAT IF MY CASE DID NOT GET CHOSEN IN THE H-1B LOTTERY: EXPLORING WORK VISA OPTIONS BEYOND THE H-1B CAP (PART VII of an VIII Part Series) |
Last year USCIS received approximately 275,000 H-1B petitions for the fiscal year 2021. Once the random selection process (if a sufficient number of registrations are received) has been completed USCIS starts to send receipt notices. With uncertainty looming large as to who may or may not obtain an H-1B in the 2022 H-1B Fiscal Year Lottery, it is time that the prospective H-1B visa beneficiary start exploring other work visa options that may allow them to work and live in the United States on a temporary basis. This article provides a snapshot of possible work visa options that may be available to prospective H-1B nonimmigrant work visa beneficiaries who do not get chosen to be among the lucky few who are chosen to be in the 2022 Fiscal Year H-1B cap.
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FORM I-944 TO BE DECOMMISSIONED: DHS SECRETARY STATEMENT ON THE 2019 PUBLIC CHARGE RULE. |
On March 9th, 2021, DHS Secretary Alejandro N. Mayorkas announced that the government will no longer defend the 2019 public charge rule as doing so is neither in the public interest nor an efficient use of limited government resources.
“The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.”
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ABCs OF H-1Bs (THIS IS PART V OF AN VIII PART SERIES): DOES MY MASTER’S DEGREE QUALIFY FOR THE H-1B MASTER’S CAP? |
Many F-1 visa holders, particularly those who are engaged in OPT change their immigration status to become professional and specialty workers (H-1B workers). The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year. Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 cap. There are an additional 20,000 H-1B visas, which are limited to individuals who receive master’s degrees (or a higher degree) from a United States College or University.
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FLEXIBILITY EXTENDED: USCIS MAY REOPEN H-1B PETITIONS DENIED UNDER THREE RESCINDED POLICY MEMORANDA. |
On March 12th, 2021, USCIS announced it may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos. USCIS will generally use its "discretion" to accept a motion to reopen filed more than 30 days after the decision, if filed before the end of the validity period requested on the petition or labor condition application, whichever is earlier, and the decision was based on one or more policies in the rescinded H-1B memoranda.
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THE DEPARTMENT OF LABOR ANNOUNCES A 60-DAY DELAY IN EFFECTIVENESS DATE OF FINAL RULE AFFECTING WAGES FOR H-1B AND PERM WORKERS. |
The U.S. Department of Labor (DOL) has published a final rule delaying the effective date of the Final Rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, published on January 14th, 2021, 86 FR 3608, for a period of 60 days.
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DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR APRIL 2021 - IF YOUR "PRIORITY DATE" IS CURRENT, PLEASE LET US KNOW? |
Employment-Based, First Preference (EB-1) Category
The EB-1 category is current for all countries of chargeability.
Employment-Based, Second Preference (EB-2) Category
EB-2 India moves forward to May 1, 2010. EB-2 China advances to September 1, 2016. The EB-2 category remains current for all other countries of chargeability.
Employment-Based, Third Preference (EB-3) Category
The cutoff date for EB-3 India moves ahead to September 1, 2010. EB-3 China’s cutoff date advances to March 15, 2018. The EB-3 category remains current for all other countries of chargeability.
EB-3 Other Workers
With the exception of China, the cutoff dates for EB-3 other workers are the same for each country as its respective EB-3 cutoff dates. For China, the cutoff date for EB-3 other workers moves to June 1, 2009.
Employment-Based, Fourth Preference (EB-4) Category
The cutoff date for EB-4 Mexico advances to February 1, 2019, The EB-4 cutoff date for El Salvador, Guatemala, and Honduras moves to August 1, 2018. This category remains current for all other countries of chargeability.
Employment-Based, Fifth Preference (EB-5) Category
The EB-5 category remains current for all countries of chargeability, other than China and Vietnam. For China, the EB-5 cutoff date remains at August 15, 2015. For Vietnam, the EB-5 cutoff date advances to December 15, 2017
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CANADIAN IMMIGRATION LAW NEWS. |
PATH FOR PERMANENT RESIDENTS IN CANADA FOR REFUGEE CLAIMANTS WORKING IN THE HEALTH CARE SECTOR. |
The Government of Canada recently announced a temporary public policy to facilitate the granting of permanent resident status to refugee claimants working in the health care industry during COVID-19 pandemic. This public policy targets foreign nationals who worked in designated occupations providing direct patient care in a hospital, a public or private long term care home, assisted living facility, or an agency providing home or residential health care services.
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NEW POLICY TO SUPPORT FORMER INTERNATIONAL STUDENTS IN CANADA. |
The Government of Canada announced a new public policy to support international students during the challenging time of COVID-19 pandemic. The policy indicates that a former international student who holds or who held a Post Graduate Work Permit (“PGWP”) will have an opportunity to apply for an open work permit. These applications will be open from January 27th, 2021 through July 27th, 2021.
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IMMIGRATION NEWS AND VIEWS - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES. |
H-1B VISA PROCESS, REGISTRATION AND FILING. |
USCIS announced that the initial registration period for the FY2022 H-1B Cap Lottery will open at 12:00 noon (ET) on March 9th, 2021 and run through 12:00 noon (ET) on March 25th, 2021. During this time, prospective H-1B employers and H-1B beneficiaries can submit their registrations for the H-1B Lottery. As we say here at NPZ ... "if you are not in it ... you cannot win it." |
On January 20, 2021, Joseph R. Biden, Jr. was sworn into office as the 46th president of the United States. With this change in administration, it is expected that sweeping policy reviews and changes will be forthcoming. The acts of a president over the first few days and weeks of the new administration are seen as an indicator of the priorities and the intentions of that new administration. The Biden administration is no different. President Biden has expressed his intention to pursue a host of policy and regulatory changes over the first 100 days of the administration. In one of the first acts of the new administration, President Biden announced that he would be sending the U.S. Citizenship Act of 2021 to Congress as part of his plan to reform the U.S. immigration system. The goal of the legislation is to “modernize[] our immigration system,” prioritize family unity, “grow[] our economy,” and “ensur[e] that the United States remains a refuge for those fleeing persecution.” The bill proposes changes to reimagine diverse areas of immigration from employment- and family-based immigration to asylum, refugee, and other humanitarian protections, as well as border security.
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St. Patrick's Day is quickly approaching. Even if you're not Irish, you can still receive an Irish Blessing ...
May your blessings outnumber
The Shamrocks that grow,
And may trouble avoid you
Wherever you go!
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IMMIGRATION WOES? ... VISASERVE KNOWS.
FOR ANY U.S. AND CANADA IMMIGRATION LAW QUERIES PLEASE FEEL FREE TO GIVE US A CALL.
:: 201-670-0006
(ext. 104)
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Upcoming Event
Tri-State SHRM 2021 (Virtual Conference)
What HR Professionals Need to Know About Business Immigration Compliance in the COVID-19 ERA
Date: April 28th, 2021
Time: 4:15 PM
Where: Online (please contact our office for additional information).
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HEAR ABOUT YOUR IMMIGRATION LAW ISSUE:
NPZ LAW GROUP - US and CANADA Immigration and Nationality Law Podcast Library is available to you on...
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U.S. News & World Report names Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. as one of New Jersey's Best Immigration and Nationality Law Firms! |
If you are stopped by an Immigration Official or Police Officer; you can choose to...
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AT NPZ ... WE SPEAK YOUR LANGUAGE:
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NPZ'S OFFICES*:
NPZ'S NORTHERN NEW JERSEY OFFICE:
VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006 (x104)
NPZ'S CENTRAL NEW JERSEY OFFICE:
907 U.S. Highway
#202 North,
Raritan, NJ
Phone: 1-201-670-0006
NEW YORK CITY OFFICE:
1001 Avenue of the Americas, 12th Floor
New York, NY 10018
Phone: 1-201-670-0006
INDIANA OFFICE:
201 North Illinois Street
16th Floor, South Tower
Indianapolis, IN 46204
Phone: 317-936-6600
CANADA AFFILIATED OFFICE:
VISASERVE - Canada
c/o Ms. Gagan Mundra
#203, 4271 - 23 Avenue NW
Edmonton, AB
Canada T6L 5Z8
INDIA AFFILIATED OFFICES:
Gujarat Office in India
If you are looking for a local contact in Gujarat (India), please call us or send us an email at info@visaserve.com and we will point you in the appropriate direction. We have numerous individuals and organizations with
whom we have relationships in Gujarat and the organizations/persons with whom we work depend upon your demographics in Gujarat (India) and the type of case you may be calling about.
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Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. (Mailing Address only - Offices in Mumbai).
c/o Mr. Shishir Goyal, Authorized Agent
201 Nepean House
85 Nepean Sea Road
Mumbai 400006, India
Call us at 201-670-0006 (x100) for contact details.
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Shekhar Raj Sharma
SRS Legal
A1/134, Safdurjung Enclave,
Lower Ground Floor
New Delhi-29, India
(This office provides "on the ground" services to our Indian clients such as India Divorce, India Real Estate Purchase and Sale, Business Sale Purchase, Adoption, Litigation and High Court Complaints)
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TEXT "npzlawgroup" to 22828 to Sign-up for our FREE Bimonthly Newsletter. |
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National in scope, the business immigration law firm of NPZ Law Group represents clients from throughout the United States and around world. Regionally, our attorneys remain committed to serving the immigration needs of businesses in the Tri-state area and the Hudson Valley, including residents of Ridgewood, Newark, and Jersey City, Burlington County, Bergen County, Camden County, Cumberland County, Essex County, Hudson County, Mercer County, Middlesex County, Monmouth County, Morris County, Passaic County, Salem County, Union County, northern New Jersey, southern New Jersey, central New Jersey, NJ; New York City, Rockland County, Orange County, Westchester County, Kings County, Sullivan County, Ulster County, New York, NY; Chicago, Illinois, IL; and Toronto and Montreal, Canada. Our nationwide practice focused on quality legal representation and personal service.
Notwithstanding any statements contained in this website, results may vary depending on your particular facts and legal circumstances.
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