David H. Nachman Esq.
Immigration Law Offices located in Ridgewood, New Jersey, New York City, Canada.
Phone (201) 670-0006 (x100)
Fax (201) 670-0009
David H. Nachman was born in New York and is a lifetime resident of New Jersey. Following his admission to practice, Mr. Nachman was employed for three years with one of New Jersey's largest law firms in Newark, New Jersey, in Corporate and Business Law Department. Here, Mr. Nachman engaged in the business immigration law practice and he assisted with general corporate compliance and commercial litigation.
Mr. Nachman, along with other firm attorneys, worked on such cases as Berger vs. Berger (a landmark decision regarding the interpretation of what constitutes a minority shareholder pursuant to the New Jersey Business Corporation Act) and Wolley vs. Hoffman-LaRoche (a landmark decision in the employment law arena concerning the legal and contractual implications arising from an employment handbook). Mr. Nachman also successfully completed nonimmigrant and immigrant visa applications for national and international businesses of all sizes in many industries then joined another premier New Jersey law firm located Middletown.
Here Mr. Nachman served as an attorney in the Corporate/Business Law Department, where he was engaged in commercial and environmental defense litigation as well as securities regulation and contracts interpretation and drafting. Mr. Nachman continued to practice business immigration law for small and mid-sized businesses both in and outside of New Jersey.
Mr. Nachman is a member of the Bar of Bergen County, the State of New Jersey, the United States Court of International Trade, and the United States Court of Appeals for the Third Circuit. Mr. Nachman served as the State Department Liaison for the New Jersey Chapter of the American Immigration Lawyer's Association (“AILA”), and serves as an active member and a mentor to national AILA members on various topics. Mr. Nachman has appeared twice on New Jersey News Channel 12 as a recognized authority in the Business and Corporate Immigration Law arena.
Mr. Nachman is widely published and he serves as an Adjunct Professor of Paralegal Studies at Farleigh Dickinson University and at Bergen Community College where he teaches Immigration and Nationality Law. Mr. Nachman, on an annual basis, moderates the New Jersey Institute of Continuing Legal Education (“NJICLE”) program entitled "The ABC's of Immigration Law." In addition to the foregoing, he has presented Continuing Legal Education Programs for organizations such as CELESQ, Sterling Educational Services and The U.S. Department of Justice (“DOJ”), The Employers’ Association of New Jersey (“EANJ”) and Society of Human Resource Management (“SHRM”).
As an undergraduate at Georgetown University, Mr. Nachman served as an Assistant Legislative Correspondent in the Office of Senator Bill Bradley on Capitol Hill. He also served in the office of the United States Attorney in Cleveland. In June, 1993, Mr. Nachman founded Nachman & Associates, P.C. In 1999, Mr. Nachman temporarily served as the Chair of the Business Immigration Law Department for Premier New Jersey Labor & Employment Law Firm and then Mr. Nachman returned to private practice at Nachman & Associates, P.C.
An imperfect match: take these steps when you learn that an employee's name and Social Security number don't match up -
Legal Trends: Practical Insights
Promoting Diversity and U.S. business Immigration Laws
Counseling Corporations on the Full Array of Immigration Law Issues
COMMERCE Magazine's First Annual Law Firm Managing Partners Roundtable
Areas of Practice:
Corporate and Business Law
Business Immigration Law
Global Immigration Law
Global Mobility Law
General Corporate Compliance
Immigration Employment Practice
Immigration Labor Practice
2% of Practice Devoted to Federal Court Litigation
State of New Jersey
U.S. Court of Appeals for the 3rd Circuit
U.S. Court of International Trade
Case Western Reserve University Law School, Cleveland, Ohio, 1988, J.D., Doctor of Jurisprudence
Case Western Reserve University, Cleveland, Ohio, 1989
M.B.A., Master of Business Administration
Georgetown University, Washington, District of Columbia, 1985, B.S., Bachelor of Science
Universidad Catholica, Quito, Ecuador, Classes toward Spanish fluency.
New York University, Courses toward an LLM in International Trade.
Berger vs. Berger, ( )
Wolley vs. Hoffman-LaRoche, ( )
Adjunct Professor, Fairleigh Dickinson University, 1992 - Present
Immigration and Nationality Law, Bergen Community College, 1992 - Present
Professional Associations and Memberships:
Bergen County Bar Association
National American Immigration Lawyer's Association
New Jersey Chapter of the American Immigration Lawyer's Association, Secretary
New Jersey State Bar Association, International Section
Editorial Board Member
Past Employment Positions:
Law Offices of Gibbons, Del Deo, Dolan, Griffinger & Vecchione, 1989 - 1992
Law Offices of Giordano, Halleran & Ciesla, P.C., 1992 - 1993
Office of Senator Bill Bradley on Capitol Hill, Assistant Legislative
United States Attorney in Cleveland
Nachman & Associates, P.C., 1993
Grotta, Glassman & Hoffman, Immigration Dept. of Chair, 1999 - 2001
Pro Bono Activities:
Family Court, Bergen County, 1993
Division of Youth and Family Services, 1991
HIAS Naturalization Training
Delta Phi Epsilon
- Case Western Reserve University School of Law
- Case Western Reserve University
- Georgetown University
- Adjunct Professor of Paralegal Studies
- Fairleigh Dickinson University
- Forty- Under-Forty
- New Jersey Bar Recognition
- Federal Grant from the OSC to Train U.S. Employers about IRCA
- U.S. Department of Justice, Office of Special Counsel for Unfair Immigration Employment Practices
- New Jersey State Bar
- Bergen County Bar Association
- American Immigration Lawyer's Association
- New Jersey Chapter of the American Immigration Lawyer's Association
- New Jersey
- 3rd Circuit
- Court of International Trade
- Credit Cards Accepted
Visa, Master Card, AMEX
- Rates, Retainers and Additional Information
Established on a case-by-case basis depending upon the project requested.
- Immigration Law
- Business Law
- Employment Law
- International Law
- Global Immigration
- Global Mobility
- French: Spoken, Written
- Gujarati: Spoken, Written
- Hindi: Spoken, Written
- Japanese: Spoken, Written
- Korean: Spoken, Written
- Polish: Spoken
- Russian: Spoken
- Slovak: Spoken, Written
- Spanish: Spoken, Written
- Tagalog: Spoken, Written
What To Expect at your Marriage Interview - I-130/I-485.: Officer, District Office,Interview,I-130, I-485, Bona Fides, Financial Documents, Birth Certificate, Work permit, unauthorized work in the U.S., Preparation, coaching, review possible questions, Adjustment of status, 245 (a), 245(i), unlawful presence, criminal conduct, immigration-related criminal issues, green card, work permitEB-5 Investor Visa | Immigration Lawyers / Attorneys | New Jersey / New York City
EB-5 Investor Visa: 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.Princeton TV hosts David H. Nachman, Esq. from the NPZ Law Group, P.C.
Princeton TV hosts David H. Nachman, Esq. from the NPZ Law Group, P.C.: 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.I-9 FORM / I-9 AUDITS
i-9 FORM, E-verify, internal audits, notice of suspect, documents, notice of inten to fine, Request for Hearing.H-1B Request For Evidence (RFE)
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.H-1b visa Extension | H-1B1 Extension
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.Unlawful Presence | Traditional Waiver (I-601) | Provisional Waiver
Unlawful Presence | Traditional Waiver (I-601) | Provisional WaiverAdministrative Processing (221g) Information
Administrative Processing (221g) InformationFamily 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?Basic Requirement to File H-1B Visa | Immigration Lawyers
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  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  (with the exception of fashion models, who must be "of distinguished merit and ability").  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.APPEAL THE IMMIGRATION CASE | MOTION TO REOPEN | REFILE THE CASE
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?NUNC PRO TUNC - "NOW FOR THEN" - A NICE IMMIGRATION LAW PROCESSING TOOL!
- 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...CHOICE OF ENTITY: Business Immigration, C-Corp, S-Corp, Corporate Formalities, LLC
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 ------------------------------------ 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 agreementCONSULAR 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 Authorization, this must be disclosed. Nevertheless, the overwhelming majority of 221(g) denials are overcome and visas issued.Religious Worker Visas: Make Sure You Know What You can and can't do
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.The "I" Visa: Foreign Media Representatives
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...I-751: Lifting the Conditions in a Marriage Case
I-751: Lifting the Conditions in a Marriage Case:L-1A and E1-3 as compared to: EB-5 Types of Investor Visas for the Green Card
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, managerImmigration Options for Victims of Crimes: The U Visa
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.