Employment Based Immigration

March 24, 2010

The Prairie State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Illinois

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC). The AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

March 24, 2010

The Hawkeye State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Iowa

by Kellie N. Lego

The Hawkeye State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Iowa

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC). The AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

March 24, 2010

The Peach State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Georgia

by Kellie N. Lego

The Peach State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Georgia

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC). The AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

March 24, 2010

The Sunshine State – Florida’s Immigrants and Latinos are a Political and Economic Powerhouse

by Kellie N. Lego

The Sunshine State – Florida’s Immigrants and Latinos are a Political and Economic Powerhouse

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC). The AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

March 23, 2010

BALCA upholds denial of Labor Certification – Employer Offered Terms and Conditions of Employment Less Favorable than those Offered to the Foreign Worker

by Kellie N. Lego

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Production Worker.”

The employer filed a LC which was accepted for processing on December 15, 2006. ETA Form 9089 indicated a requirement of three months of experience in the job offered and that the job opportunity’s requirements were normal for the position. The CO issued an Audit Notification letter requesting evidence of recruitment and other required documentation. The Employer responded by submitting copies of its newspaper advertisements, as well as the other required documentation. Thereafter the CO denied certification because the newspaper advertisements offered terms and conditions of employment less favorable than those offered to the Alien, in violation of 20 C.F.R. §656.17(f)(7). Specifically, the advertisements contained criminal background checks, not listed on Form ETA 9089. The Employer responded by requesting reconsideration stating that it was amending Form ETA to attest to its requirement for a criminal background check, the employer amended the form by changing the answer in section H-12 from “yes” to “no”. The CO asserted that by amending its response to “NO” in Section H-12, the Employer did not indicate that a criminal background check was required. The CO issued a letter of reconsideration indicating that denial was proper because the newspaper advertisements offered terms and conditions of employment to the U.S. worker that were less favorable than those listed on ETA Form 9089 for the foreign worker.

PERM Regulation 20 C.F.R. § 656.17(f)(7) controls and it provides:

March 18, 2010

Updated Service Center Processing Times

by Kellie N. Lego

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on March 12, 2010 with processing dates as of January 31, 2010.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center

March 17, 2010

The Centennial State – The Political and Economic Power of Immigrants, Latinos, and Asians in Colorado

by Kellie N. Lego

The Centennial State – The Political and Economic Power of Immigrants, Latinos, and Asians in Colorado

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC). The AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

March 17, 2010

The Golden State – Immigrants, Latinos, and Asians Indispensable to California Economy

by Kellie N. Lego

The Golden State – Immigrants, Latinos, and Asians Indispensable to California Economy

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC). The AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

March 16, 2010

April 2010 Visa Bulletin

by Kellie N. Lego

The Department of State has released its latest Visa Bulletin.

The April 2010 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

Already applied in EB3, thinking about filing in EB2…if you are eligible, contact MVP Law Group toll free at 1-800-447-0796.

March 11, 2010

BALCA upholds denial of Labor Certification – Employer Failed to Post Job Order for the Mandatory 30 day period

by Kellie N. Lego

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Mixing and Blending Machine Setters, Operators & Tenders.”

The employer filed a LC which was accepted for processing on May 17, 2007. ETA Form 9089 indicated that the position was a nonprofessional occupation. The CO denied certification on the grounds that the job order was not placed with the State Workforce Agency (SWA) for a period of 30 days in violation of the regulations. The Employer responded by requesting reconsideration stating that it had placed two different job orders but did not provide any supporting evidence that reflected proof of either of the posting dates listed on Form 9089. The Employer further added that “any errors are immaterial and minor in the overall effect and outcome of the labor certification.” The CO issued a letter of reconsideration finding that the application was denied because the job order placed with the SWA was not posted for a period of 30 days.

PERM Regulation 20 C.F.R. § 656.17 (e) controls and it provides: