Immigration News

August 3, 2011

MythBuster: Did the Obama Administration grant amnesty on June 17?

On June 17, Immigration and Customs Enforcement (ICE) issued a new policy entitled “Exercising Prosecutorial Discretion…” clarifying how immigration officials should focus on the agency’s key priorities to pursue criminal immigrants who pose real threats to public safety and national security. Commentators, including a member of Congress and the union that represents immigration officers, have criticized the memo, calling it a grant of amnesty that shirks the Obama Administration’s duty to enforce immigration law. Last week, Congressman Lamar Smith (R-TX) sent a letter to all members in the House of Representatives stating that the June 17 “memo suggested that the agency take steps to legalize millions of illegal immigrants.”

Please click here to review the Policy – Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens

Myth 1. The Administration’s “prosecutorial discretion” policy is a grant of amnesty

August 1, 2011

MVP “Immigration Q & A Forum” – This Friday, August 5th, 2011

by Kellie N. Lego

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, August 5th, 2011. Act now and submit your questions!

July 29, 2011

Changing Your Address with USCIS/DOS/EOIR/BIA

by Kellie N. Lego

Changing an address with the various Federal immigration agencies can be confusing, and failure to properly make an address change can lead to denials and other adverse immigration consequences. The Ombudsman’s Office encourages immigration benefits applicants and petitioners to promptly notify U.S. Citizenship and Immigration Services (USCIS), the Executive Office for Immigration Review (EOIR), the U.S. Department of State (DOS), and/or the U.S. Department of Labor (DOL) of any change in address.

USCIS, DOS, EOIR and DOL have separate procedures, filing locations, and timeframes for submitting an address change. A change of address should be reported for each application type, petition, case, and family member with each government agency from which an immigration benefit is being sought. Applicants should use the most permanent address available. To view the chart provided by the Department of Homeland Security, please click here.

USCIS – Change of Address Requirements: Differences between U.S. citizens and non-U.S. citizens

July 26, 2011

LATEST UPDATE: H-1B FY2012 CAP COUNTS

by Kellie N. Lego

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of July 22, 2011, 21,600 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of July 22, 2011, 13,300 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

July 25, 2011

DOL Experiencing Delays in Processing Prevailing Wage Determinations

by Kellie N. Lego

AILA members have reported receiving the following e-mail message from the DOL National Prevailing Wage Center (NPWC) in response to inquiries into the status of prevailing wage requests:

Thank you for your inquiry.

The NPWC is currently experiencing delays in processing prevailing wage determinations as it is working to reissue certain prevailing wage determinations to comply with a court order issued June 15, 2011 in the United States District Court for the Eastern District of Pennsylvania. We continue to encourage all requestors to submit their ETA Form 9141 at least 60 days in advance of the employer’s initial recruitment efforts.

July 22, 2011

MVP LAW GROUP – Immigration Q&A Forum, Friday, July 22nd, 2011

by Kellie N. Lego

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Employment Based Immigration – Green Card

My employer appealed my denied labor to BALCA. My employer just got notice that my appeal has been docketed. When will I get a decision?

July 21, 2011

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 July 20th, 2011 with processing dates as of May 31, 2011.

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

July 20, 2011

LATEST UPDATE: H-1B FY2012 CAP COUNTS

by Kellie N. Lego

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of July 15, 2011, 20,500 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of July 15, 2011, 12,800 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

July 18, 2011

MVP “Immigration Q & A Forum” – This Friday, July 22nd, 2011

by Kellie N. Lego

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, July 22nd, 2011. Act now and submit your questions!

July 14, 2011

Administrative Appeals Office Processing Times

by Kellie N. Lego

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of July 1, 2011.

If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

Administrative Appeals Office