U.S. IMMIGRATION LAW NEWS AND UPDATES: GREEN CARD AND VISA UPDATES, NEW I-9 FORM UPDATE, SYRIAN STUDENTS WORK PERMIT UPDATE, VISA BULLETIN UPDATE FOR OCTOBER 2016, ETC.

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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:
USCIS ACCEPTS THE
OMBUDSMAN'S
RECOMMENDATION TO
ADOPT PAROLE POLICY
FOR U VISA PETITIONERS
AND FAMILY MEMBERS.
THE NEW I-9 FORM IS
NOT FAR AWAY SAYS
OMB.
NOTICE TO ALL U.S.
EMPLOYERS: CURRENT
FORM I-9 EMPLOYMENT
ELIGIBILITY VERIFICATION
FORM VALID UNTIL
JANUARY 21, 2017.
ICE ANNOUNCES
EXTENSION OF
EMPLOYMENT
AUTHORIZATION
ELIGIBILITY FOR CERTAIN
SYRIAN STUDENTS.
DOL OFLC PUBLISHES
INFORMATION ON
FOREIGN LABOR
RECRUITERS.
Dear Readers:
This week several members of the Nachman Phulwani Zimovcak
(NPZ) Law Group staff attended an Annual Stakeholder's Meeting
at the Vermont Service Center (VSC) in Essex. Each year, the
VSC graciously opens its doors and allows lawyers (and others)
from throughout the country to meet with its various directorates
and to ask questions and make suggestions about process and
procedures. While we continue to find overall improvements in
USCIS service for our clients, we do continue to struggle with
processing glitches that slow our clients' cases. We continue to
find the USCIS receptive to working with us to resolve these
issues.
In addition, Congress returned to Washington DC last week from
a long summer recess. Of course, U.S. immigration law remains a
political football but it is not likely to see too much play in the
coming weeks with the exception of four (4) visa programs
The first on is the E-Verify Program which is the program used
by employers to electronically verify the work authorization of
employees. Generally, the E-Verify Program is voluntary for
employers. However, we continue to remind our readers that the E-
Verify Program is a cornerstone to the Comprehensive
Immigration Reform (CIR) Bills that have been proposed in the

2. USCIS NEWS: H-2B
EMPLOYERS SHOULD
CONTINUE TO IDENTIFY
"RETURNING WORKERS"
IN PETITIONS FOR FY
2017.
DOS UPDATE: VISA
BULLETIN FOR OCTOBER
2016. CHECK TO SEE IF
YOUR PRIORITY DATE IS
CURRENT. IF SO, PLEASE
LET US KNOW.
FAMILY-BASED
IMMIGRANT VISA |
SPONSORING MARRIED
SON OR DAUGHTER OF
U.S. CITIZEN PARENTS.
*********
UPCOMING
EVENT
FORM I-9
OVERVIEW AND
UPDATES:
AVOIDING ICE
INVESTIGATIONS
AND AUDITS.
Where:
GSC-SHRM
1 Convention
Boulevard
Atlantic City, New
Jersey 08401
When: September
26th, 2016 at 1:30
PM
Please contact us at
info@visaserve.com for
more information about
this I-9 Form Event.
* * * * * *
past. There are also three other U.S. immigration law programs
that are scheduled to sunset (be eliminated) on September 30th
2016:
1. The EB-5 program: The immigrant investor program, known as
EB-5, was created in 1990 to stimulate job growth and capital
investment. It is the only visa program for investors that leads to
permanent residence, and it requires that applicants invest $1
million (or $500,000 if the investment is in a rural or high-
unemployment area) and create at least 10 jobs. Currently, there
are different Bills in the House of Representatives and the Senate
to reauthorize the program with some changes. One Bill in the
House would make the program permanent; another in the Senate
would reauthorize the program for five years.
2. Conrad 30 Program: This program, created in 1994, allows
certain physicians who trained in the United States on J-1 visas to
obtain a waiver of the two-year home residence requirement. In
exchange for the waiver, the physician must work for at least
three years treating medically under-served populations in the
United States. There is a bipartisan Bill in the Senate that would
make the program permanent with some changes.
3. Special Immigrant Non-Minister Religious Worker Program:
This program, created in 1990, allows non-ministers or other lay
religious workers to come to the United States as lawful
permanent residents. Currently there is a bipartisan Bill in the
Senate that would make the program permanent with no changes.
Despite the proposals to reauthorize these programs for longer
periods of time, it is unclear what, if anything, will happen this
month. Of course, we will do our best to keep our readers
apprised of new developments as we receive this information.
In the interim, we remind our readers that we are U.S. and
Canadian immigration lawyers. The NPZ Law Group seeks to
continue to provide the highest quality and lowest cost
immigration law services to its clients throughout the United
States. If you, your friends or your family members or colleagues
should require any U.S. immigration law assistance, please feel
free to contact our offices by e-mailing to us at
info@visaserve.com or by calling us at 201-670-0006 (x107).
USCIS ACCEPTS THE OMBUDSMAN'S
RECOMMENDATION TO ADOPT PAROLE POLICY
FOR U VISA PETITIONERS AND FAMILY MEMBERS
ABROAD.
USCIS has agreed with the Ombudsman's
recommendation to implement a parole
policy for U visa petitioners and qualifying family members who
live abroad. The U visa - available to individuals who have
suffered substantial physical or mental abuse as a result of a
qualifying crime and who meet certain other criteria - are capped
at 10,000 per fiscal year. When the cap is exceeded, U petitioners
who live abroad are placed on a waiting list and must then
proactively seek humanitarian parole to enter the United States. As

3. Click here to read
some Client
Recommendations
and Testimonials
about the NPZ Law
Group.
Click here to review
a sampling of some
of our PERM Case
Approvals.
Click here to read a
sampling of some
of our National
Interest Waiver
(NIW) case
Approvals.
Click here to review
a sampling of some
of our Firm's I-601
Waiver & I-601A
Provisional Waiver
case Approvals.
* * * * *
Quick Links
SEARCH OUR SITE
THIS MONTH'S VISA
BULLETIN
THE VISASERVE
BLOG
ENTERTAINMENT
IMMIGRATION
UPCOMING EVENTS
a result, victims of crimes residing abroad are not able to easily
aid investigators and prosecutors.
The Ombudsman's recommendation explains the clear regulatory
authority for a parole policy and the significant public and
humanitarian benefits. Family reunification allows the victim to
focus attention on the prosecution of the crime and on rebuilding
his or her life. In addition, U petitioners and derivative family
members who remain abroad may be subject to violence and harm
in the country in which they reside.
TO READ MORE, PLEASE CLICK HERE . . .
THE NEW I-9 FORM IS NOT FAR AWAY SAYS OMB.
As many Human Resources
Professionals may be aware, the
"new" Form I-9 (the Employment
Eligibility Verification Form) will be
provided soon. On August 25th 2016,
the Office of Management and Budget
(OMB) announced that it has cleared
the revised Form I-9.
For the time being, employers should continue to use the Form I-9
that is on the U.S. Citizenship and Immigration Services (USCIS)
website with has an expiration date of 3/31/16.
The expiration date on the Form can be found on the top right hand
corner of the document. Employers are to continue using this
version of the Form I-9 until the new and revised version of the I-
9 Form has been posted.
FOR MORE INFORMATION, PLEASE CLICK HERE . . .
NOTICE TO ALL U.S. EMPLOYERS: CURRENT
FORM I-9 EMPLOYMENT ELIGIBILITY
VERIFICATION FORM VALID UNTIL JAN. 21, 2017
On August 25th, the Office of Management and Budget (OMB)
approved a revised Form I-9, Employment Eligibility Verification.
USCIS must publish a revised form by November 22nd, 2016.
Employers may continue using the current version of Form I-9
with a revision date of 03/08/2013 N until Jan. 21st, 2017. After
Jan. 21st, 2017, all previous versions of Form I-9 will be invalid.
USCIS will indicate at the bottom of the new form a revision date
no later than 90 days from this approval. USCIS may accept the
prior version of these instruments for 150 days while technical
updates are made.
TO READ MORE, PLEASE CLICK HERE . . .
ICE ANNOUNCES EXTENSION OF EMPLOYMENT
AUTHORIZATION ELIGIBILITY FOR CERTAIN
SYRIAN STUDENTS

4. CIS CASE STATUS
CIS PROCESSING
TIMES
DOL PROCESSING
TIMES
SCHEDULE AN
INFOPASS
APPOINTMENT
CBP BORDER WAIT
TIMES
BORDER WAIT TIMES
- - - - - - - - - - - -
:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
OUR OFFICES:
On September 8th, 2016, U.S.
Immigration and Customs Enforcement
(ICE) announced that it will publish a
notice in the Federal Register that extends
employment authorization eligibility for
certain F-1 Syrian students who have
suffered severe economic hardship as a direct result of the civil
unrest in Syria since March 2011.
Through the new notice, the Department of Homeland Security
Secretary suspends certain regulatory requirements in order to
allow eligible Syrian F-1 students to obtain employment
authorization, work an increased number of hours during the
school term, and, if necessary, reduce their course load while
continuing to maintain their F-1 student status. The new notice
expands the pool of students eligible for this relief to include
nonimmigrant students from Syria who are lawfully present in the
United States in F-1 status on September 9th, 2016, and enrolled
in an institution certified by ICE's Student and Exchange Visitor
Program (SEVP).
The previous notice only granted relief to nonimmigrant students
from Syria who were lawfully present in the United States in F-1
status on April 3rd, 2012, and enrolled in an SEVP-certified
institution.
TO READ MORE, PLEASE CLICK HERE . . .
DOL OFLC PUBLISHES INFORMATION ON
FOREIGN LABOR RECRUITERS.
The Office of Foreign Labor Certification (OFLC) is publishing
a public disclosure list of the names of foreign labor recruiters
and the identity and location of persons or entities hired by or
working for the recruiter that employers have indicated they
engaged, or planned to engage, in recruiting prospective H-2B
nonagricultural workers to perform the work described on their
Form ETA-9142B, H-2B Application for Temporary Employment
Certification.
OFLC said the agency "is providing a greater level of
transparency to the H-2B worker recruitment process and
facilitating information sharing between the Department and other
agencies and the public." Among other things, by maintaining and
publishing a list of foreign labor recruiters, OFLC said it "is
better poised to enforce recruitment violations, and workers are
better protected against fraudulent recruiting schemes by enabling
them to verify whether a recruiter is in fact recruiting for
legitimate H-2B job opportunities in the United States." OFLC
noted that it "does not endorse or vouch for any foreign labor
agent or recruiter" on the list, and inclusion does not signify that
the recruiter is complying with the H-2B program.
TO VIEW THE LIST OF FOREIGN LABOR RECRUITERS,
PLEASE CLICK HERE . . .
USCIS NEWS: H-2B EMPLOYERS SHOULD

5. NEW JERSEY OFFICE:
VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006
(x107)
NEW YORK OFFICE:
108 West 39th Street
8th Floor, Suite 800
New York, NY 10018
Phone: 1-866-599-3625
INDIANA OFFICE:
Indianapolis City Center
201 North Illinois Street
16th Floor, South Tower
Indianapolis, IN 46204
Phone: 317-936-6600
INDIA AFFILIATED
OFFICES:
Kaival Chalishazar, Adv.
Kaival Chalishazar & Co.
22 Vasant Kunj
New Sharda Mandir
Road, Paldi,
Ahmedabad 380007,
India
ATT: Call Kaival at x107
(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).
- - - - - - - - - - -
Law Office of Michael
Phulwani
F603 Remi Biz Court
Veera Desai Road
Andheri West
Mumbai 400 053, India
Call us at 201-670-0006
(x104) for contact details.
CONTINUE TO IDENTIFY "RETURNING WORKERS"
IN PETITIONS FOR FY 2017.
USCIS urges prospective H-2B employers seeking to hire
potential "returning workers" with employment start dates in
fiscal year (FY) 2017 to continue to identify these workers and
provide the H-2B Returning Worker Certification.
The H-2B returning worker provisions of the Consolidated
Appropriations Act of 2016 (Public Law 114-113) are set to
expire September 30th, the last day of FY 2016, and Congress
may or may not reauthorize them. These current provisions exempt
eligible returning workers from the FY 2016 cap if they were
counted toward the H-2B limit during fiscal years 2013, 2014 or
2015.
The provisions, which amend section 214(g)(9) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)(9)), do not
apply to the FY 2017 cap. If reauthorized, either before or after
September 30th, the provisions for FY 2017 would likely exempt
returning workers who were counted toward the H-2B limit during
fiscal years 2014, 2015 or 2016. Any action is in the discretion
of Congress and the President.
TO READ MORE, PLEASE CLICK HERE . . .
DOS UPDATE: VISA BULLETIN FOR OCTOBER 2016.
CHECK TO SEE IF YOUR PRIORITY DATE IS
CURRENT. IF SO, PLEASE LET US KNOW.
EB-4 and Certain Religious Worker (SR) Preference Categories.
As predicted last month, the final action dates for EB-4 India and
EB-4 Mexico will be current again in October and the priority
dates for EB-4 El Salvador/Guatemala/Honduras will advance to
June 15, 2015.
While DOS considered establishing a separate final action date
for Guatemala and Honduras due to the higher demand for
numbers from El Salvador, all three countries are expected to
exceed the per country limitation and rely on the availability of
"otherwise unused" EB-4 numbers. Thus, DOS confirmed that the
three countries will continue to be reported together throughout
FY2017.
TO READ MORE, PLEASE CLICK HERE . . .
CHECKOUT VISASERVE'S REGULARLY
UPDATED YOUTUBE VIDEO LIBRARY
(SOME SELECTIONS BELOW) ABOUT U.S.
AND CANADIAN IMMIGRATION LAWS:
"IMMIGRATION NEWS AND VIEWS" -
NPZ'S NEW PRACTICAL SERIES ON
YOUTUBE ABOUT VARIOUS U.S. AND
CANADIAN IMMIGRATION LAW ISSUES.

6. Check us out at . . .
https://www.youtube.com/watch?
v=3Crfb5L_vlo
CHECK OUT OUR INSTRUCTIVE IMMIGRATION
LAW VIDEO: FAMILY-BASED IMMIGRANT VISA |
SPONSORING MARRIED SON OR DAUGHTER OF A
U.S. CITIZEN PARENTS.
FAMILY-BASED IMMIGRANT VISA - SPONSORING
MARRIED SON OR DAUGHTER OF A U.S. CITIZEN
PARENTS. DOES MARRIAGE CHANGE A CASE?
Two groups of family based immigrant visa categories, including
immediate relatives and family preference categories, are provided
under the provisions of United States immigration law,
specifically the Immigration and Nationality Act (INA).
Immediate Relative Immigrant Visas (Unlimited): These visa
types are based on a close family relationship with a United
States (U.S.) citizen described as an Immediate Relative (IR). The
number of immigrants in these categories is not limited each
fiscal year. Immediate relative visa types include:
IR-1: Spouse of a U.S. Citizen - Learn More
IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
IR-3: Orphan adopted abroad by a U.S. Citizen - Learn More
IR-4: Orphan to be adopted in the U.S. by a U.S. citizen - Learn
More
IR-5: Parent of a U.S. Citizen who is at least 21 years old
Family Preference Immigrant Visas (Limited): These visa types
are for specific, more distant, family relationships with a U.S.
citizen and some specified relationships with a Lawful Permanent
Resident (LPR). There are fiscal year numerical limitations on
family preference immigrants, shown at the end of each category.
The family preference categories are:
Family First Preference (F1): Unmarried sons and daughters of
U.S. citizens, and their minor children, if any. (23,400)
Family Second Preference (F2): Spouses, minor children, and
unmarried sons and daughters (age 21 and over) of LPRs. At least
seventy-seven percent of all visas available for this category will

7. go to the spouses and children; the remainder is allocated to
unmarried sons and daughters. (114,200)
Family Third Preference (F3): Married sons and daughters of U.S.
citizens, and their spouses and minor children. (23,400)
Family Fourth Preference (F4): Brothers and sisters of U.S.
citizens, and their spouses and minor children, provided the U.S.
citizens are at least 21 years of age. (65,000)
Note: Grandparents, aunts, uncles, in-laws, and cousins cannot
sponsor a relative for immigration.