U.S. IMMIGRATION LAW BASICS

Transcription

1 c U.S. IMMIGRATION LAW BASICS Moderator/Speaker Nachman, Phulwani Zimovcak (NPZ) Law Group, P.C. (Ridgewood; Maywood; New York City) Speakers Robert Frank, Esq. Frank & Pollack, LLC (Newark) John E. Thompson District Director, USCIS, Newark District Office (Newark) Ludka Zimovcak, Esq. Nachman, Phulwani Zimovcak (NPZ) Law Group, P.C. (Ridgewood, Maywood; New York City) Kerry Walsh Hartington, Esq. Hartington and Associates, LLC (Hammonton, Mt. Laurel, Vineland) Mitchell E. Ignatoff, Esq. Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney The Law Firm of Mitchell E. Ignatoff (Bridgewater, Englewood Cliffs) Rabindra K. Singh, Esq. Nachman, Phulwani Zimovcak (NPZ) Law Group, P.C. (Ridgewood, Maywood; New York City) Melvin R. Solomon, Esq. Parsekian & Solomon (Hackensack) In cooperation with the New Jersey State Bar Association Immigration Law Section S

2 2016 New Jersey State Bar Association. All rights reserved. Any copying of material herein, in whole or in part, and by any means without written permission is prohibited. Requests for such permission should be sent to NJICLE, a Division of the New Jersey State Bar Association, New Jersey Law Center, One Constitution Square, New Brunswick, New Jersey

3 Table of Contents Page Introduction to Terms and Resources 1 Immigrant and Nonimmigrant Visa Categories 3 Recent Developments in U.S. Immigration Law What s In a Name? 5 USCIS to Hike Filing Fees and Impose a New Fee for the EB-5 Investor Program Benefit 9 Key Definitions and Concepts Richard A. Bosewell 13 Agencies That Affect Immigration Law Margaret H. McCormick, Esq. 23 Ethical Considerations for Immigration Law Practitioners 29 Ethical Issues for Immigration Lawyers Hamel Vyas 31 What Should You Look for When You Are Seeking to Hire an Immigration Law Professional to Handle Your Immigration Law Case? 45 Nonimmigrant Visa Processing Background and Updates Citizenship and Immigration Services 47 How Do the New Restrictions on Visa Waiver Program (VWP) (Effective Date: December 18, 2015) Impact Other Visa Applications at Consular Office Abroad? 49 Electronic Travel Authorization (eta) Required for Visa-Exempt Travelers 51 International Students and the Road to the Green Card PowerPoint Presentation 53 Visitor B-1/B-2 Visas 67 B-1 Visa for Business Visitors: Permissible Activities Part I 71 B-1 Visa for Business Visitors: Permissible Activities Part II 73 Will the H-1B and B-1 Landscape Be Changed Forever? Indian Corporation Pays Record $34 Million Fine to Settle Allegations of Visa Fraud and Abuse of Immigration Processes 77 Foreign Students In the United States 81 Summary of Major Provisions of the Recently Promulgated Regulatory Action: F-1 OPT STEM Extension 87

4 New Stem OPT Extension Rule to Be Effective May 10, 2016: Rule Delivers Much Awaited Relief to H-1B Lottery Hopefuls 89 How to Ask Your Employer About Doing an H-1B For You if You Are in Optional Practical Training (OPT) or on Stem OPT Extension 93 H-1B Filing Season (For the 2016 Deadline on April 1 st ) Get Into Full-Swing for H-1B Employers and Prospective H-1B Employees Rabindra K. Singh, Esq. 95 How Much Prospective H-1B Employers Need to Pay to H-1B Employees and Why the Prevailing Wage is Important Rabindra K. Singh, Esq. 101 What H-1B Employers Need to Know About the LCA to Avoid Potential DOL Compliance Pitfalls Rabindra K. Singh, Esq. 105 Can Submitting Multiple H-1B Petitions For a Foreign National Will Increase Chances of Selection During the Looming H-1B Lottery in April 2016? Rabindra K. Singh, Esq. 111 The Whys and Hows of Education and/or Experience Evaluations in the Context of H-1B Visa Preparation and Filing Rabindra K. Singh, Esq. 113 Not Every Master s Degree from a United States College or University Qualifies a Foreign National for the H-1B Master s Cap Rabindra K. Singh, Esq. 117 Now That the Cap Is Reached Do I Still Have A Chance of Getting An H-1B Visa? Rabindra K. Singh, Esq. 119

5 What HR Managers and Business Owners Need to Know About Onboarding New H-1B Employees? Rabindra K. Singh, Esq. 123 From MUST to MAY on Retroactivity Aspect USCIS Issues Final Guidance on When to Submit H-1B Amended Petition Rabindra K. Singh, Esq. 131 FY 2017 H-1B Cap Reached Now Is the Time to Think About Your H-1B Back-Up Plan Rabindra K. Singh, Esq. 133 What Could Trigger H-1B Visa Refusal or Administrative Processing Under INA 221(g) at the US Consular Post Rabindra K. Singh, Esq. 139 USCIS Publishes Filing Guidance for Certain H-4 Dependent Spouses Rabindra K. Singh, Esq. 143 USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions 151 The Exchange Visitor Program and J-1 Visas 153 Policy Memorandum Subject: Matter of Z-A, Inc., Adopted Decision (AAO April 14, 2016) 159 Matter of Z-A, Inc. Administrative Appeals Office, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security (April 14, 2016) 161 Foreign Media Representatives: How to Be an I Visa Holder in the U.S. Ridhima Goyal 169 Practice Pointer: Matter of Sesay Applicability to Former K-1 Fiancés 173 O Nonimmigrants: Individuals of Extraordinary Ability or Achievement 175

6 P Nonimmigrants [Including Performing Groups, Cultural Unique Performers] 179 New CIS Policy Memo Provides Lasting Relief to Some Special Immigrant Religious Workers 183 U Visa Issues PowerPoint Presentation Felicia Zeidman, Esq. 185 U Nonimmigrant Status Certification: A Hoop That Every U Visa Beneficiary Needs to Jump Through Rabindra K. Singh, Esq. 205 Changing from One Nonimmigrant Visa Status to Another Ridhima Goyal 209 Visa Overstays 211 Entrepreneur Pathways 213 USCIS Expedite Criteria 217 Family-Based Immigrant Visa Processing Background and Updates 219 Getting the Green Card Through a Family Member s Sponsorship: One Way to Immigrate to the U.S. Ridhima Goyal 221 Family Immigration (Immigrant Visa Processing in India) 223 Is My Marriage a Valid Marriage for U.S. Immigration Purposes? Rabindra K. Singh, Esq. 233 Immigration Options for LGBT Foreign Nationals and Their Families: DOMA is Dead PowerPoint Presentation NPZ Law Group, P.C. 235

7 U.S. Department of State National Visa Center PowerPoint 253 Employment-Based Immigrant Visa Processing Background and Updates 267 Office of Foreign Labor Certification (OFLC) Division Organization Chart (Effective June 13, 2016) 269 Keep Hopes Alive: EADs & Accepting Job Promotions After an I-140 Approval Is Soon Going to Be a Reality Rabindra K. Singh, Esq. 271 Recent Second Circuit Case Requires Notice of Revocation of I-140 to Parties That Are Affected 275 Practice Pointer Filing an I-130 with a USCIS Office Abroad Updated April 21, Consulate Processing Updates and Resources 281 Tips for Attorney on Working with the National Visa Center 283 When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visa: March Five Things You Should Know About the October 2016 Visa Bulletin 291 June 2016 Visa Bulletin Announces Significant Retrogression For India and China 293 United State Department of State, Bureau of Consular Affairs Visa Bulletin Number 93, Volume IX 295 United State Department of State, Bureau of Consular Affairs Visa Bulletin Number 94, Volume IX 301 Draft USCIS Policy Manual, Volume 9: Waivers Part B Extreme Hardship DRAFT 315 Detailed Table of Contents [number at bottom of page] 316 Humanitarian Parole 343 Humanitarian Parole Practice Before the Immigration Court Overview and Updates

8 Executive Office of Immigration Review 349 Notice: New Process for Refreshing Expired Fingerprint Checks for Cases Pending Before the Immigration Court 351 The Entry Process Exclusion and Inadmissibility U.S. Customs and Border Protection 357 Practice Advisory: What to Do If Client is Apprehended by ICE 359 Consequences of Criminal Issues in Immigration Law 361 What Should You Know About Immigrants and Crimes Robert Frank 363 Non-Permanent Residents 364 Permanent Residents 368 Important Update As of June Removal Proceedings What is It About? (Revised June 2015) Robert Frank 375 Forms of Relief 376 Parole in Place for Military Family Members 379 PM (11/15/2013) 381 President Obama s Executive Actions and Deferred Action and Childhood Arrivals (DACA) and Updates 391 President Obama s Recent Announcement About Immigration Accountability Presents Many Benefits for Many Immigrant Communities 393 Naturalization Basics, Updates and Disability Waivers 411 Application for Naturalization Online Filing 413 New Developments in Employment Verification, Immigrations and Customs Enforcement New Form I-9 Process and Procedure 423 Proposed Changes to the Worksite Enforcement and Employment Verification Process 425 Pay Your N-400 Application Fee with Your Credit Card 429 USCIS Form N-648 for Naturalization Candidates Seeking Medical Disability Exceptions 431 USCIS Form I Learn It, Live It, Love It PowerPoint Rabindra Singh, Esq. Recently Proposed Changes to the I-9 Form 463 Asylum Considerations 465

9 The Many Faces of the Asylum Process: Applying for Asylum In the United States 467 USCIS Asylum Alert: Asylum Division Affirmative Asylum Scheduling Bulletin 471 Update for DACA Recipients Who Received 3-Year Work Permits Diversity Visa Registration 475 If You Are Not in It, You Cannot Win It 477 Rabindra Singh, Esq. International Child Abductions and Canadian Immigration 479 Where Are My Children? Workings and Pitfalls of the Hague Convention 481 Véronique Malka How Is the New Express Entry System Doing? 485 What Are the Provincial Nominee Programs in Canada? 489 About the Panelists 503