n the middle of July, leaders from communities across the U.S. gathered at the White House in Washington D.C. for a National Convening on Immigrant and Refugee Integration. Attendees included practitioners, policymakers, elected officials, researchers, business representatives, and faith leaders. The participants discussed successful initiatives, as well as challenges and opportunities for immigrant integration.

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Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. -
U.S. and Canadian Immigration and Nationality
Newsletter and Update.
In This Issue:
YOUR IMMIGRATION
LAWYERS, MICHAEL
PHULWANI, ESQ. AND
DAVID NACHMAN,
ESQ. AND LUDKA
ZIMOVCAK, ESQ.
PROVIDE U.S.
IMMIGRATION LAW
UPDATES ON TV ASIA
AND ITV: VLOG &
USCIS NEWS
UPDATES ON THE
WEB.
PERM UPDATE: DOL
SPECIFIES NEW
GUIDELINES ABOUT
DISCLOSING FAMILIAL
RELATIONSHIPS
WHEN PREPARING
THE PERM LABOR
CERTIFICATION
FORM.
DOS UPDATE: U.S.
VISA DATABASE
FACES PROBLEMS AT
FOREIGN
CONSULATES.
CBP ISSUES NEW
CUSTOMS
DECLARATION FORM.
CONRAD VISA WAIVER
UPDATE FOR
FOREIGN MEDICAL
Dear Readers:
In the middle of July, leaders from communities across the
U.S. gathered at the White House in Washington D.C. for a
National Convening on Immigrant and Refugee Integration.
Attendees included practitioners, policymakers, elected
officials, researchers, business representatives, and faith
leaders. The participants discussed successful initiatives, as
well as challenges and opportunities for immigrant
integration.
In a growing number of Cities and Metropolitan areas, places
in the U.S. many pro-immigrant activists and others are in the
process of actively working to welcome immigrants and
encourage successful immigrant and refugee integration. We
are entering an era of "competitive welcoming" in which more
places recognize immigrants as an asset for their
communities.
In some Cities and Regions, community members recognize
that immigrants and refugees can help reverse population
decline, start new businesses, and revive neighborhoods.
Immigrants are clearly being recognized as an asset and a
scarce resource that cities are competing for. There is indeed
a growing movement of welcoming cities, and a community
that is unwelcome toward immigrants is a community that is
behind the curve.
Additionally, immigrant-friendly actions at the city and
metropolitan level stand in direct contrast to inaction on
national immigration reform in Washington. Canada and
Australia are already competing for global talent, yet the U.S.

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GRADUATES -
CONRAD 30 WAIVER
PROGRAM.
IS NURSING
CONSIDERED A
SPECIALITY
OCCUPATION FOR
THE H-1B?
THE DOS VISA
BULLETIN FOR
AUGUST 2014 IS OUT!
BE SURE TO CHECK IF
YOUR PRIORITY DATE
IS CURRENT
TN CLASSIFICATION
FOR MEXICANS AND
CANADIANS UNDER
THE NORTH
AMERICAN FREE
TRADE AGREEMENT..
CONSULAR HOLDS
AND ADMINISTRATIVE
PROCESSING - 221(g)..
NEW CAPS FOR
FEDERAL SKILLED
WORKER, FEDERAL
SKILLED TRADES
PROGRAMS, AND
CANADIAN
EXPERIENCE CLASS.
YOUR
IMMIGRATION
LAWYERS,
MICHAEL
PHULWANI, ESQ.
AND DAVID
NACHMAN, ESQ.
AND LUDKA
ZIMOVCAK, ESQ.,
PROVIDE U.S.
IMMIGRATION
LAW UPDATES ON
ITV: VLOG &
USCIS NEWS
UPDATES ON THE
WEB & ON TV.
David Nachman, Esq.,
Ludka Zimovcak, Esq.
and Michael Phulwani,
Esq., your Immigration
is still operating a twentieth century immigration system.
Meanwhile, the welcoming cities movement in the U.S. is
growing swiftly.
The value that immigrants bring to communities is clear and
borne out by report after report. More and more Members of
Congress need to pay attention to what is going on in the
communities they represent. Towns and cities in their districts
are welcoming immigrants and refugees, recognizing the
value that newcomers bring.
For additional information about any U.S. and/or Canadian
immigration law matter, please feel free to contact the U.S.
and Canadian immigration and nationality lawyers and
attorneys at the Nachman Phulwani Zimovcak (NPZ) Law
Group at info@visaserve.com or by calling us at 201-670-
0006 (x107).
PERM UPDATE: DOL SPECIFIES NEW GUIDELINES
ABOUT DISCLOSING FAMILIAL RELATIONSHIPS
WHEN PREPARING THE PERM LABOR
CERTIFICATION FORM.
Using the Program Electronic Review Management (PERM) Labor
Certification Process is the most common way for a prospective
employer and prospective employee to obtain the employment-based
Green Card in the U.S. Since the case is not pre-certified, the
employer and the employee have to submit a Labor Certification
Application on Form 9089 to the U.S. Department of Labor (DOL).
Once it is established that there are no "able willing and qualified U.S.
workers" who can take the position then PERM application can be
approved.
When a prospective PERM employer and employee are doing the
PERM Labor Certification Process to get the Green Card, there are a
multitude of queries that are made about the employer and the
employee relationship on the Form 9089. One of the questions that is
asked has to do with the "familial relationship" between the prospective
PERM employer and the employee. There is a specific question on
Form 9089 that asks this question. It is question C.9. Recently, the
DOL released some more specific guidance to prospective PERM
employers and employees about how to respond to this query.
TO READ MORE, PLEASE CLICK HERE . . .
DOS UPDATE: U.S. VISA DATABASE FACES
PROBLEMS AT FOREIGN CONSULATES.
From July 20th 2014, the US Consular Consolidated Database (CCD)
at the State Bureau of Consular Affairs has been "experiencing
technical problems with their passport/visa system". The CCD system
slow down it has created a tough task for applicants to obtain
nonimmigrant visas at all consulates worldwide.
To date, the CCD system is performing below its normal operating
capacity. Recent data revealed by the U.S DOS, shows that nearly
half of the average number of nonimmigrant visas have been issued

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and Nationality Lawyers,
continue to bring
employment and family-
based immigration and
nationality news and
updates to your TV
screen each week on
iTV. Watch "YOUR
IMMIGRATION
LAWYERS" each week
on iTV. Please contact
us at
info@visaserve.com for
additional U.S.
immigration law
information or about how
to subscribe to iTV.
Cut-off dates for
August 2014 - Visa
Bulletin for
August 2014 |
Children coming
across Southern
Border into the
U.S.
Cut off dates
updated,
Visa Bulletin for
August 2014,
Children coming
across desert and
into the U.S. across
the Southern Border,
Expedited Removal,
Rule created in the
1990s to provide for
a credible fear
interview - NTA,
Why are children
coming to the USA?
We have a border
crisis or are they
refugees seeking
asylum?
=========
even given the system slow down. Now it will be a challenge for the
U.S DOS and Bureau of Consular Affairs to avoid a long visa back log.
FOR DETAILED INFORMATION ON NEW UPDATE ON "CCD
SYSTEM PROGRESS", PLEASE CLICK HERE . . .
CBP ISSUES A NEW CUSTOMS DECLARATION FORM.
On July 31st, 2014, CBP issued a new customs declaration form - in
print and online with new features that expands the definition of family
members arriving to U.S. The new form will allow U.S.
citizens, residents and international visitors to file a joint customs
declaration for items acquired abroad.
Under the new definition, members of a family residing in the same
household who are related by blood, marriage, domestic relationship,
or adoption are considered one category and will allow them to file only
one customs declaration form. The new form - CBP Form 6059B -
provides an expanded definition in the first paragraph.
TO READ MORE, PLEASE CLICK HERE . . .
CONRAD VISA WAIVER UPDATE FOR FOREIGN
MEDICAL GRADUATES - CONRAD 30 WAIVER
PROGRAM.
The U.S. Citizenship and Immigration Services Ombudsman provided a
recommendation to USCIS on employment eligibility for J-1 Physician
dependent (J-2) visa holders. USCIS indicated that it is open to
reviewing current
regulations to consider whether steps should be taken to enable J-2
dependents to engage in employment while in H-4 status.
USCIS also mentioned that it doesn't believe that a J-2 dependent of a
J-1 foreign medical graduate can change to H-1B status or any other
employment-authorized nonimmigrant classification (with the exception
of T or U status) until the principal Conrad State 30 waiver recipient
has fulfilled his or her three year employment obligations in a medically
underserved area.
TO READ MORE, PLEASE CLICK HERE . . .
IS NURSING CONSIDERED A SPECIALITY
OCCUPATION FOR THE H-1B?
Recently, USCIS issued a policy Memorandum with guidance on the
adjudication of H-1B petitions for nursing positions. Most registered
nurse (RN) positions do not qualify as a specialty occupation because
they do not normally require a U.S. bachelor's or higher degree in
nursing (or its equivalent) as the minimum for entry into those
particular positions.
There are some situations, however, where the petitioner may be able
to show that a nursing position qualifies as a specialty occupation. For
example, certain advanced practice registered nurse (APRN) positions
normally require a U.S. bachelor's or higher degree in a specific
specialty occupation as the minimum for entry into these particular
positions. This Memo provides additional background and guidance
regarding the qualification requirements of H-1B for nurses.

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Comprehensive
Immigration
Reform (CIR)
updated on July
2014
- CIR Republican and
Democratic view
points to immigration
reform;
- Republican: want to
get something done
but radicals won't
help get it through;
- Democrats:
Violating constitution.
Senate Bill.
Republicans believe
that if they vote for
amnesty the
immigrants will force
Republicans out.
=============
UPCOMING EVENT
NJICLE: Hiring,
Retaining &
Terminating
Foreign Nationals
- A Webinar
When:
Tuesday, September
30th, 2014
Time:
12:00 PM to 1:40 PM
For detailed
information about
NPZ's immigration
law events, please
click here . . .
TO READ MORE, PLEASE CLICK HERE . . .
THE DOS VISA BULLETIN FOR AUGUST 2014 IS OUT!
BE SURE TO CHECK IF YOUR PRIORITY DATE IS
CURRENT.
The China-mainland born Employment Third and Third Other Workers
cut-off dates have advanced for the month of August, and could do so
again for September. There are two reasons for this advance after the
retrogression of the cut-off date earlier this summer: 1) The heavy
demand by applicants with priority dates significantly (years) earlier
than the previous cut-off date has declined during the past two months,
and 2) declining number use in the Family preferences during May and
June, combined with updated estimates of such number use through
the end of the fiscal year, has resulted in availability of several hundred
numbers for use in the China-mainland born Employment Third
preference.
During the past two months, the India Employment Second preference
cut-off date has advanced very rapidly based on the projected
availability of "otherwise unused" numbers under the worldwide
preference limit. It must not be assumed that this cut-off date will
continue to advance at the same pace during the coming months. A
cut-off date does not mean that everyone with a priority date before
such cut-off date has already been processed to conclusion. It remains
to be seen how heavy the demand for visa numbers by applicants will
be in the coming months, and what the priority dates of such applicants
may be. Heavy demand by applicants with priority dates significantly
earlier than the established cut-off date is expected to materialize
within the next several months, at which time the cut-off date is likely to
retrogress significantly.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
"IMMIGRATION NEWS AND VIEWS" - NPZ'S
NEW PRACTICAL SERIES ON YOUTUBE
ABOUT VARIOUS U.S. AND CANADIAN
IMMIGRATION LAW ISSUES.
TN CLASSIFICATION FOR MEXICANS AND
CANADIANS UNDER THE NORTH AMERICAN FREE
TRADE AGREEMENT.

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*******
Quick Links
SEARCH OUR SITE
THIS MONTH'S
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BLOG
ENTERTAINMENT
IMMIGRATION
UPCOMING
EVENTS
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TIMES
The North American Free Trade Agreement (NAFTA) created special
economic and trade relationships for the United States, Canada and
Mexico. The TN nonimmigrant classification permits qualified Canadian
and Mexican citizens to seek temporary entry into the United States to
engage in business activities at a professional level.
Among the types of professionals who are eligible to seek admission as
TN nonimmigrants are accountants, engineers, lawyers, pharmacists,
scientists, and teachers. You may be eligible for TN nonimmigrant
status, if:
You are a citizen of Canada or Mexico;
Your profession qualifies under the regulations;
The position in the United States requires a NAFTA professional;
You have a prearranged full-time or part-time job with a U.S. employer
(but not self-employment - see documentation required below); and
You have the qualifications to practice in the profession in question.
CONSULAR HOLDS AND ADMINISTRATIVE
PROCESSING - 221(g).
Section 221(g) of the Immigration and Nationality Act
It is often the case when an applicant for a visa is told that a final
decision cannot be made on his visa application immediately. In doing
so, the consular officer invokes Section 221(g) of the Immigration and
Nationality Act and informs the applicant that the case will be put on
hold until the applicant's eligibility for the visa can be determined. This
processing "time-out" is taken frequently: approximately more than
1,100,000 visa applications were subjected to 221(g) during 2012.
Technically, 221(g) is considered a denial; in subsequent visa
applications and registration in the Electronic System for Travel

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- - - - - - - - - - - -
:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
Authorization, this must be disclosed. Nevertheless, the overwhelming
majority of 221(g) denials are overcome and visas issued.
NEW CAPS FOR FEDERAL SKILLED WORKER,
FEDERAL SKILLED TRADES PROGRAMS, AND
CANADIAN EXPERIENCE CLASS.
Recent developments effective May 1, 2014 provide qualified
candidates with Canadian permanent residence who meet certain
eliminatory conditions and assessment factors under a new Federal
Skilled Worker selection grid.
To qualify for permanent residence under the new FSW program,
applicants must meet the following essential/eliminatory conditions:
Possess one-year, within the previous 10 years, of work experience in
one of 50 Fast Track High Demand occupations or the equivalent in
part-time continuous employment; AND
The work experience must be classified within Skill Type 0 (Managerial
Occupations), Skill Level A (Professional Occupations), or Skill Level B
(Technical Occupations and Skilled Trades) within the meaning of the
National Occupational Classification (NOC) system; AND
Demonstrate Intermediate proficiency in one of Canada's two official
languages;
Score sufficient points under the skilled worker point grid comprising of
six selection factors. The current pass mark is 67 points; AND
Possess suitable settlement funding; AND
Undergo a successful security background and medical examination.
Under the new rules, qualified applicants are evaluated against six
factors to determine their eligibility for immigration to Canada.
Applicants must obtain a total of 67 points out of a possible 100 in
order to qualify. The selection factors are:
Education;
Language;
Employment experience;
Age;
Arranged employment;
Adaptability;