OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

You can now check USCIS processing times online at the USCIS web site. All you need to enter is your form number, and the office processing your case. USCIS has made processing times easier to understand and provide a more realistic date range.

 

Check Case Processing Times

 

The processing time range is how long it is taking for USCIS to process your type of case from the date they received it. USCIS processes cases in the order they receive them, and they normally update this information monthly. The estimated time range displayed is based on data captured over the last two months.

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Software Engineer.”

The CO denied the labor certification stating “the Employer did not notify potentially qualified laid-off US workers of the job opportunity.” In response, the Employer requested reconsideration of the denial. The Employer argued they did not have a US worker who met the qualifications of the position. The CO sent an Audit Notification requesting documentation of all of the laid-off US workers and how they were advised of the available position and the results of such notification and consideration. A month later, the Employer presented a recruitment report that summarized its “lay-off review.”

Once again, the CO denied the labor application because he believed “a US worker was rejected for non-job related reasons.” The Employer did not re-hire the US worker because he did not have the required specific skill sets. While the CO was aware that the US worker lacked the qualifications, he believed the worker could gain through reasonable on the job training the skills necessary to perform the job duties of the position.

The United States Citizenship and Immigration Services (USCIS) will be holding a Teleconference on Wednesday, October 9, 2019 from 8 to 8:45 a.m. Eastern, and from 7 to 7:45 p.m. Eastern. This event is entitled “Overseas Military Naturalization”. During the teleconference, USCIS officials will discuss the new Overseas Military Naturalization procedures and share available resources with military members and their families. This teleconference will include a question and answer session at the end of the event.

 
Event Information:

DATE/TIME: Oct. 9, from 8 to 8:45 a.m. Eastern, and from 7 to 7:45 p.m. Eastern

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. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Biometrics

It has been 3 years since I have taken fingerprints for my Green Card. Should I have new ones done to update my case?

USCIS announced that it is creating four “hubs” on military bases to provide military naturalization services. The four “hubs” will be located at Camp Humphreys, South Korea; Commander Fleet Activities Yokosuka, Japan; U.S. Army Garrison Stuttgart, Germany; and Naval Support Activity Naples, Italy. Service members and their eligible family members will now be able to complete their naturalization process at one of these four “hubs”. USCIS Acting Director Ken Cuccinelli stated, “These service members and their families sacrifice so much to keep our country safe and free. I thank the Department of Defense for partnering with USCIS to ensure naturalization services remain available throughout their deployments overseas.”

For further details please review the USCIS News Release, “USCIS Announces New Locations for Onsite Overseas Military Naturalization Services”.

Source of Information:

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, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., 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, October 4, 2019. Act now and submit your questions!

Every year nearly 400 temporary foreign workers arrive, mostly crab pickers, they are hired to work on some the secluded Chesapeake Bay islands’ seafood processing plants! These seasonal workers, which are mostly from Mexico came to Maryland’s Eastern Shore as part of the H-2B visa nonimmigrant program!

For further details please review the Baltimore Sun’s News Article, “‘I’m not here to take anyone’s job’: Mexican crab pickers quietly work in Maryland as immigration debate rages”.

Background:

On Monday, September 23, 2019, USCIS announced a re-registration period for individuals with Temporary Protected Status (TPS) under Syria’s designation, can extended their designation until March 31, 2019. Current TPS Syrian beneficiaries who would like to extend their TPS must re-register between September 23, 2019 and November 22, 2019.

For further details please review the USCIS News Release, “Re-Registration Period Now Open for Individuals with TPS under Syria’s Designation”.

Background:

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The Department of Homeland Security (DHS) on August 14th officially released the final “Public Charge” rule to the Federal Register for public inspection! This version of the “Public Charge” rule will take effect in 60 days from its release date. The rule will decrease the number of immigrants eligible for green cards and admission to the United States because of income and for certain use of public benefits. Ken Cuccinelli, Acting Director of USCIS stated, “Give me your tired and your poor who can stand on their own two feet and who will not become a public charge,”

Below is part of the *USCIS News Release:

*This final rule amends DHS regulations by prescribing how DHS will determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act. The final rule addresses U.S. Citizenship and Immigration Services (USCIS) authority to permit an alien to submit a public charge bond in the context of adjustment of status applications. The rule also makes nonimmigrant aliens who have received certain public benefits above a specific threshold generally ineligible for extension of stay and change of status.

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