David H. Nachman Esq.

If you're part of a married couple that includes a U.S. citizen or lawful permanent resident and a foreign national, and you've applied for the foreign national to get a U.S. green card (lawful permanent residence), the final step in your application process will be to attend an interview with U.S. immigration authorities.

Such an interview serves various purposes. The U.S. immigration authorities interview many people who apply for green cards, not just married couples. This gives them an opportunity to make sure that the relationship is the real thing, that all your paperwork checks out against what you say in person, and to examine your original documents (since you hopefully sent in copies).

However, in the case of married couples, the interview serves an additional purpose: to make sure the marriage is real, not just a sham to get the immigrant a green card. Due to the ease and speed with which aliens become citizens through marriage, many aliens marry for immigration benefits rather than for love. The U.S. government is well aware of this, and will ask a number of personal questions of both spouses in order to test whether they're telling the truth. For more information, please visit our website http://visaserve.com/lawyer/Family-Based-Immigration_cp17956.htm

The EB-5 visa provides a method of obtaining a green card for foreign nationals who invest money in the United States.To obtain the visa, individuals must invest $1,000,000 (or at least $500,000 in a Targeted Employment Area - high unemployment or rural area), creating or preserving at least 10 jobs for U.S. workers excluding the investor and their immediate family.Initially, under the first EB-5 program, the foreign investor was required to create an entirely new commercial enterprise; however, under the Pilot Program investments can be made directly in a job-generating commercial enterprise (new, or existing - "Troubled Business"), or into a "Regional Center" - a 3rd party-managed investment vehicle (private or public), which assumes the responsibility of creating the requisite jobs. Regional Centers may charge an administration fee for managing the investor's investment.
If the foreign national investor's petition is approved, the investor and their dependents will be granted conditional permanent residence valid for two years.Within the 90-day period before the conditional permanent residence expires, the investor must submit evidence documenting that the full required investment has been made and that 10 jobs have been maintained, or 10 jobs have been created or will be created within a reasonable time period.

For more information on EB-5 investor visas, please visit our website: http://visaserve.com/lawyer/EB-5---Entrepreneurs-or-Investors_cp15057.htm

David Nachman, Esq., one of the managing attorney the Nachman Phulwani Zimovcak (NPZ) Law Group (Visaserve.com), with offices located in Ridgewood, New Jersey, discusses the provisional waiver, expanded provisional waiver, DACA, DAPA, US v Texas, the US immigration visa process and the rhetoric of the presidential campaign on US immigration and nationality law issues. For more information on this subject, visit our website http://visaserve.com/lawyer/U.S.-Immigration-Policies-under-the-New-Administration_cp17957.htm

i-9 FORM, E-verify, internal audits, notice of suspect, documents, notice of inten to fine, Request for Hearing. For more information on this subject, visit our website http://visaserve.com/lawyer/Types-of-Immigration-Law_cp18202.htm

WHAT IS THE REQUEST FOR EVIDENCE: H-1B REQUEST FOR EVIDENCE (RFE) - WHAT IT IS AND WHY DOES ONE ISSUE?

Receiving a Request-For-Evidence (RFE) during an H-1B visa petition or H-1B transfer or H-1B extension has become normal opposed to when it used to be a taboo prior to 2008 when the USCIS very rarely asked for more information. Today the RFE is more of a norm than an aberration.

These days the possibility of getting an RFE is 1 out of 3 cases and it is not really anything bad. It is only the USCIS wanting more information from the petitioner in order to make sure the petition for the Job being filed really exists and if the candidate really qualifies.

Some of the various types of queries in RFEs are as follows: (1) Various H-1B worksites; and (2) Level of Professional work available for H-1B workers; and (3) Financial stability of the H-1B employer; and (4) Whether the individual seeking H-1B status maintained their nonimmigrant visa status. For more information on this subject, visit our website http://visaserve.com/lawyer/Employment-Based-Immigration_cp17951.htm

H-1b visa extension

H-1B1 extension for chile and Singapore

H1B1 Visa for Chileans and Singaporeans in a Specialty Occupation

In limited circumstances, H1B visa status can be extended beyond 6 years if:
The foreign national is the beneficiary of an approved I-140 petition.
The foreign national is the beneficiary of a PERM petition or I-140 petition that was filed over 365 days ago.
The foreign national is recapturing time spent outside the US during the past 6 years in H-1B status.
1 year extension Based on Pending PERM or I-140 petition under AC-21 104(a)
You may extend your H1B status annually in one-year increments if your PERM petition or I-140 petition was filed at least 365 days prior to the day when you reach the six-year limit.
3 year extension Based on Approved I-140 petition under AC-21 106(c)
You may extend your H1B status for 3 years if you are the beneficiary of an approved I-140 petition but your priority date is not current, (immigrant visa number is not available to you).
Recapturing Time Spent Outside the US
An H1B holder may apply for an H1B extension and "recapture" days spent outside of the US.
If the H1B visa holder was outside the US in the 6 years they held H1B status, they can recapture those days in an H1B extension application.
The H1B holder would submit the exit from US and entry back to US dates, as well as the corresponding stamps and I-94 copies from his/her passport.
Cap Exempt New H-1B
If you have an H-1B visa stamped in your passport and the expiration date is within the past 6 years, you are eligible for a new cap exempt H-1B. Your new employer would apply for the cap exempt H-1B with USCIS and you would be able to start work after it is approved. For more information on this subject, visit our website http://visaserve.com/lawyer/Employment-Based-Immigration_cp17951.htm

Unlawful Presence | Traditional Waiver (I-601) | Provisional Waiver For more information on this subject, visit our website http://visaserve.com/lawyer/Types-of-Immigration-Law_cp18202.htm

Administrative Processing (221g) Information For more information on this subject, visit our website http://visaserve.com/lawyer/Types-of-Immigration-Law_cp18202.htm

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 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. For more information on this subject, visit our website http://visaserve.com/lawyer/Family-Based-Immigration_cp17956.htm

The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the U.S.
The regulations define a "specialty occupation" as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor [1] including but not limited to biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor's degree or its equivalent as a minimum [2] (with the exception of fashion models, who must be "of distinguished merit and ability"). [3] Likewise, the foreign worker must possess at least a bachelor's degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer. For more information on this subject, visit our website http://visaserve.com/lawyer/Employment-Based-Immigration_cp17951.htm

WHAT DO I DO WHEN MY IMMIGRATION LAW CASE IS DENIED? DO I APPEAL THE IMMIGRATION CASE? MAKE A MOTION TO REOPEN THE CASE? OR, DO I REFILE THE CASE?

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What is the strategy to use if your U.S. immigration law case is denied by the USCIS? APPEAL THE IMMIGRATION CASE |

MOTION TO REOPEN | REFILE THE CASE - Many immigration lawyers and immigration attorneys tend to disagree about what is the best way to proceed. The Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. has a few thoughts to share. For more information, please visit our website http://visaserve.com/lawyer/Types-of-Immigration-Law_cp18202.htm

- means in latin "now for then"
- used to bootstrap cases
- remedial method used by lawyers and others to correct issues of being out of status.
- need to be "beyond the control" of the individual.
- cannot be "unceasonable period of time"
- example of NPT: 1. where h-4 not applied for in a timely manner. 2. where a student canot reinstate in timely manner 3. where you apply to late for B visa extension

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The Nunc Pro Tunc concept is an excellent tool to allow individuals who have fallen out of status by no fault of their own to regain status in the United States. Of course, this methodology should not be undertaken without proper legal counsel. For more information, please visit our website http://visaserve.com/lawyer/Types-of-Immigration-Law_cp18202.htm

Selecting the right entity for its operations is an important issue for every business and every lawyer who is called upon to help clients decide. Whether a corporation or a limited liability company (LLC) is the better choice is not always obvious. The selection involves numerous legal and tax issues and should involve the client's or employer's CPA. Lawyers must consider all the facts and alternatives and, above all, understand the client's objectives.
Fortunately, the choice-of-entity question does not have to be answered absolutely. The majority of closely-held businesses engage in more than one business activity, and it's possible to use a different entity for each. Issues Lawyers and CPAs need to consider when helping clients choose an entity, can be organized into four categories: capitalization, compensation, profit and loss allocation, and distributions
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A. Business Immigration
1. Determination of which business type is bet for investors or intracompany transfereer
B. C-Corporation
1. Double taxation
2. Accounting
C. S-Corporation
1. Partnership taxation
D. Limited Liability Company
1. LLC
2. State in which you choose
E. Corporate Formalities
1. certificate of incorporation
2. certificate of formation
3. By laws
4. operating agreement For more information, please visit our website http://visaserve.com/lawyer/Types-of-Immigration-Law_cp18202.htm

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 Authorization, this must be disclosed. Nevertheless, the overwhelming majority of 221(g) denials are overcome and visas issued.

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221(g) PIMS:

1. send a copy of RFE too! not just petition to avoid 221(g)
PIMS not get all info.

The US Consulate officers encourage an extra copy of the RFE be submitted to USCIS so that same gets into PIMS at the KCC. More information about Consular Processing from the Nachman Phulwani Zimovcak Law Group, P.C. - Immigration and Nationality Law For more information, please visit our website http://visaserve.com/lawyer/Types-of-Immigration-Law_cp18202.htm

An R-1 is a foreign national who is coming to the United States temporarily to be employed at least part time (average of at least 20 hours per week) by a non-profit religious organization in the United States (or an organization which is affiliated with the religious denomination in the United States) to work as a minister or in a religious vocation or occupation.

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religious Worker, R-1, EB-4, special religious worker, visa, immigrant, immigration, not-for-profit, ministers, rabbis, priests, Jewish, catholic, protestant, korean churches, 501 (c) (3), adjustment of status For more information, please visit our website http://visaserve.com/lawyer/Types-of-Immigration-Law_cp18202.htm

The "I" Visa: Foreign Media Representatives:

- Foreign Media Representative,
- media,
- newspaper,
- magazine,
- I-visa,
- Duration of Status,
- New Meida,
- Derivative Visa,
- Work permit,
- application at the Consulate,
- G-28,
- DS-160 form,
- Department of State,
- Visa processing,
- travel.state.gov,
- foreign affairs manual,
- green card,
- foreign correspondent,
- D/S,
- electronic I-94 For more information, please visit our website http://visaserve.com/lawyer/Types-of-Immigration-Law_cp18202.htm

I-751: Lifting the Conditions in a Marriage Case:

I-751,
RFE,
Request for Evidence
Bona fides documents,
demonstrate bona fides of marriage,
joint filing,
waiver based upon divorce,
waiver based upon extreme physical or mental cruelty,
application,
timing for filing,
documents in support of application,
divorce,
ninety days,
marriage case,
u.s. citizen
citizenship,
three years,
five years,
foreign national,
visa, For more information, please visit our website http://visaserve.com/lawyer/Types-of-Immigration-Law_cp18202.htm

L-1A and E1-3 as compared to: EB-5 Types of Investor Visas for the Green Card:

$1million, lower economic areas, $500,000, regional centers, clean money, investment from abroad, green card, conditional basis, active participation, passive participatiion, brokers, SEC, securities exchange commission, labor lawyer, securities lawyers, corporate lawyers, employment lawyers, research proper EB-5 program for you, investment in the U.S., Entrepreneur visa, L-1A, new company, documentation, manager For more information, please visit our website http://visaserve.com/lawyer/Types-of-Immigration-Law_cp18202.htm

The U nonimmigrant status (U visa) is set aside for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. Below are Questions and Answers pertaining to U nonimmigrant visas.

Background
Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women's Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes while, at the same time, offer protection to victims of such crimes. The legislation also helps law enforcement agencies to better serve victims of crimes.

Q: How Does One Become Eligible for U Nonimmigrant Status?
A: There are four statutory eligibility requirements. The individual must:

The individual must have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity.
The individual must have information concerning that criminal activity.
The individual must have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime.
The criminal activity violated U.S. laws
Q: What Qualifies as "Criminal Activity"?
A: Qualifying criminal activity is defined as being an activity involving one or more activities that violate U.S. criminal law, including

Abduction
Abusive Sexual Contact
Blackmail
Domestic Violence
Extortion
False Imprisonment
Genital Female Mutilation
Felonious Assault
Hostage
Incest
Involuntary Servitude
Kidnapping Manslaughter
Murder
Obstruction of Justice
Peonage
Perjury
Prostitution
Rape
Sexual Assault
Sexual Exploitation
Slave Trader
Torture
Trafficking
Witness Tampering
Unlawful Criminal Restraint
Other Related Crimes


Q: What are the Procedures to Request U Nonimmigrant Status?
A: Foreign national victims of crime must file a, Form I-918, Petition for U Nonimmigrant Status. The form requests information regarding the petitioner's eligibility for such status, as well as admissibility to the United States. Currently, USCIS has designated its Vermont Service Center as the centralized location to receive all U nonimmigrant petitions. For more information, please visit our website http://visaserve.com/lawyer/Types-of-Immigration-Law_cp18202.htm