Articles Posted in Immigration News

The Department of State has released its latest Visa Bulletin.

Click here to view the February 2011 Visa Bulletin.

The February 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.

On December 21, 2010 the US Citizenship and Immigration Service (USCIS) released its first ever E-Verify news publication called “E-Verify Connection.”

Highlighted in the newsletter was the new photo matching capability to help confirm the authenticity of documents, the new E-Verify seals and the invalid status of birth certificates of US citizens born in Puerto Rico issued prior to July 1, 2010. In addition, on the E-Verify website individuals can now download E-Verify guidance manuals, see a timeline of the program’s milestones and review its statistical reports for Fiscal Year 2009. Additionally, free webinars are offered on the website both for existing members and interested individuals looking for more information.

The MVP Law Group, P.A. provides assistance to employers interested in establishing an effective employment compliance program which includes training administrative personnel and other employees. If you are interested, please contact our office.

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 January 7th, 2011 58,700 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

*USCIS will continue to accept REGULAR cap-subject petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

For those individuals taking naturalization tests AFTER January 5, 2011 please note that there are some changes to the civics test answers due to the recent federal elections. Questions 20, 23, and 47 will have different responses.

For question 20 which asks: “Who is one of your State’s US Senators now?” please choose a senator for your state that will serve in the 112th Congress. A list of current members of the US Senate can be found at www.senate.gov.

For question 23 which states: “Name your US Representative” also make sure to write the name of your representative that will be serving in the 112th Congress. A list of the members of the US House of Representatives can found at www.house.gov.

On December 22, 2010, U.S. District Court Judge Dolly Gee ruled that two men with severe disabilities must be provided with representation in their deportation cases.

The ACLU of Southern California is optimistic after the ruling as they hope someday all mentally disabled detainees will receive representation. Immigration courts are not required to provide attorney representation for individuals. A current lawsuit filed by the ACLU alleges, “Federal officials have deprived the detainees of their Constitutional right to due process.” They argue mentally disabled detainees are unable to get a fair hearing without representation. As a result of the Judges’ ruling, the Federal Government will have to find pro-bono representation or pay for representation for the two men.

MVP Law Group supports Judge Gee’s ruling to provide representation for the two mentally disabled men and is supportive of the ACLU’s suit to require representation for all mentally disabled detainees.

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 – Temporary Work Visa – H-1B Nonimmigrant Visa

Is the H1B CAP still available?

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

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

Administrative Appeals Office

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 December 31st, 2010, 57,300 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of December 31st, 2010, 20,000 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap. THE H-1B MASTERS CAP HAS BEEN REACHED!

MVP “Q & A Forum” – This Friday, January 7th, 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.

Hua Huang, manager of China Buffet/Mongolian Grill in Missouri plead guilty to harboring, transporting, and hiring illegal aliens in addition to conspiracy to commit visa fraud on December 10.

It was discovered during the investigation that between January 2009 and August 2010, Huang regularly employed illegal workers from Mexico and China. During that time Huang obtained fake identification for the illegal workers and tried to arrange marriages for them in order to secure visas. Huang’s sentencing is set for March 2011.

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