Immigration News

February 25, 2011

Improved E-Verify Program? Customer Satisfaction Survey Says YES

A recent survey along with a report issued by the Government Accountability Office (GAO) affirm the E-Verify system is a key tool in ensuring a legal workforce in the U.S. The report by the GAO also revealed improvements in the system such as establishing better safeguards for personal information and reducing the mismatch rates.

E-Verify also received 82 out of 100 on the American Customer Satisfaction Index scale for a customer survey that evaluated key aspects of the program. Customer Support was one area that respondents overwhelming approved of, with a score of 89 which was based on the many improvements made by the Obama administration. The survey additionally revealed that users were likely to recommend the program to other employers, were secure in the program’s precision, and were likely to continue with the program. Although the E-Verify program under the Obama administration is showing continued success, the passage of comprehensive immigration legislation is crucial to fix the current immigration system.

Over 243, 000 employers are currently using the E-Verify program and approximately 1,000 new employers enroll every week. For more information about the E-Verify program visit www.uscis.gov/everify.

February 24, 2011

VIBE SnapShot- Validation Instrument for Business Enterprises

by Kellie N. Lego

A new web-based tool called “Validation Instrument for Business Enterprises” (VIBE) is being introduced by the U.S. Citizenship and Immigration Service (USCIS) to enhance the adjudication of certain employment-based immigration petitions.

VIBE functions by compiling basic information about companies/organizations who petition on behalf of alien workers to confirm authenticity. Currently, USCIS uses documentation submitted by the employer to adjudicate the case. When insufficient documentation is submitted, USCIS issues a Request for Evidence (RFE). This request for additional documentation delays the process of adjudicating the petition.

With the new VIBE program in place, USCIS can electronically receive information about the company/organization through an independent provider. Some of the information USCIS will soon be receiving about the petitioner includes: financial standing, number of employees, relationships with other entities, business activities, status, company executives, and date of establishment as an entity.

February 23, 2011

USCIS Issuing EAD and AP on a Single Card to Certain Applicants

by Kellie N. Lego

As of February 11, 2011 U.S. Citizenship and Immigration Services (USCIS) began issuing employment and travel authorization on a single card to certain applicants.

An individual will only receive the new card after filing Forms I-765 (Application for Employment Authorization) and I-131 (Application for Travel Document) concurrently or after filing Form I-485 (Application to Register Permanent Residence or Adjust Status). The new card serves both as employment authorization as well as the Advance Parole document. Additionally, the combination of the two documents creates a more protected and durable card. USCIS will continue to issue separate EADs and Advance Parole documents for certain applicants when needed.

February 22, 2011

Naturalization Questions – Check Out the NAT Fact Sheet

by Kellie N. Lego

Over the course of the 2010 fiscal year, U.S. Citizenship and Immigration Services (USCIS) naturalized over 676,000 individuals. 6.6 million individuals have been naturalized in the United States in the last decade.

To become naturalized, an individual must file an Application for Naturalization (Form N-400) and meet the following requirements as set forth by the Immigration Nationality Act (INA):

• Be at least 18 • Be a lawful permanent resident • Have lived in the US for at least five years • Have been physically present in the US for 30 months • Have good moral character • Speak, read, and write in English • Be knowledgeable of US government and history • Take the Oath of Allegiance

February 18, 2011

MVP LAW GROUP – Immigration Q&A Forum, Friday, February 18, 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 – Nonimmigrant Visa

Can I travel on my current nonimmigrant visa or do I need to get advance parole?

February 17, 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 February 14, 2011 with processing dates as of December 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

February 16, 2011

BALCA Vacates CO’s Denial and Provides Standards for Employee Referral Programs

by Kellie N. Lego

The Board of Alien Labor Certification Appeals (BALCA) recently vacated and remanded the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Software Applications Engineer.”

The CO accepted the employer’s application for Permanent Employment Certification on behalf of the alien. The CO denied certification after issuing an audit citing the Employer’s Notice of Posting was only posted for nine consecutive business days because one of the days the NOF was posted was Columbus Day. Additionally, the certification was denied on the grounds that the Employer did not provide sufficient evidence of the employee referral program with incentives.

PERM regulation 20 C.F.R. § 656.10(d)(1)(ii) controls and it provides a “business day” is “any day that employees are working on the premises and can see the Notice of Filing.

February 15, 2011

REMINDER – Submit Your Questions

by Kellie N. Lego

MVP “Immigration Q & A Forum” – This Friday, February 18th, 2011

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.

February 14, 2011

March 2011 Visa Bulletin

by Kellie N. Lego

The Department of State has released its latest Visa Bulletin.

Click here to view the March 2011 Visa Bulletin.

The March 2011 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.

February 11, 2011

BALCA Remands Due to Employer’s Confusing Address

by Kellie N. Lego

The Board of Alien Labor Certification Appeals (BALCA) recently vacated and remanded the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Chef.”

After certification was denied on May 25, 2007 because the company could not prove that it was a legitimate business, the Employer requested review of the case and an opportunity to submit evidence that it was a bona fide company. The Employer stated the notification of denial was not received until September 12, 2007and only after an email inquiry request had been sent about the case to the Atlanta Processing Center. The Employer asserted that there was no time to reply to the original denial letter and argued that the denial should be rescinded so that there was an opportunity to present evidence. The Employer did not respond to an Audit Notification issued by the CO on January 28, 2009 requesting documentation of recruitment efforts. After failing to respond to the Audit Notification, the CO denied certification on April 2, 2009. On April 14, 2009 the Employer argued the Audit Notification letter was never received and requested review but the CO did not grant the request. In the Employer’s statement of appeal to BALCA, the Employer argued that because there was no USPS tracking number attached to the Audit Notification there was no way of knowing whether the Audit Notification was delivered or received.

PERM regulation 20 C.F.R. § 656.20(b) controls and it provides that a “substantial failure by the employer to provide required documentation will result in that application being denied under § 656.24…”