OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification of the application for multiple reasons. Most importantly, the Employer did not include their name on their Notice of Filing (NOF) in violation of PERM regulation 656.10(d). PERM regulation 656.17 (f)(1) mandates that the advertisements “name the employer.”

The Employer sent a reconsideration request to the CO. In its argument, the Employer stated the NOF was acceptable regardless of the omission of their name. The Employer argued that public access to its building is limited and it is very plausible that only the company’s three employees would have access to the filing. With its request, the Employer submitted multiple documents including their articles of incorporation; federal tax return; photographs of the facility & bulletin posting area; certifications of accreditation; Florida Resale Certificate for Sales Tax; lease agreements; Google Map print-outs; and Miami.Dade.gov Property Information. With its Reconsideration Request, the Employer relied upon the Stone Tech decision.

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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 – H1B Nonimmigrant Visa

Visa In a few months, I will be starting work in the US with an H-1Visa. Does my spouse need to accompany me to the US right away? She wanted to stay in our home country for a few months. My wife has an approved H-4 Visa.

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The Department of State has released its latest Visa Bulletin.

Click the link to view the October 2019 Visa Bulletin

The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).

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The Department of Homeland Security (DHS) has proposed a minimal registration fee for petitioners seeking to file H-1B Cap-Subject Petitions. DHS announced on Tuesday, September 3rd, a proposed rule change that would require petitioners seeking to file H-1B cap-subject petitions to pay a $10 registration fee for each electronic registration they submit to USCIS.

Under the new electronic registration requirement, sponsoring employers seeking to file H-1B cap applications have first electronically register with the USCIS during a designated registration period. Only those pre-registries will be eligible to file an H-1B cap-subject application.

For complete details, please review the USCIS News Alert, “DHS Proposes Minimal Registration Fee for Petitioners Seeking to File H-1B Cap-Subject Petitions” for more details.

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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, September 20, 2019. Act now and submit your questions!

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The United States Citizenship and Immigration Services (USCIS) will be holding a Teleconference on Thursday, November 14, 2019 from 2 to 4 p.m. (Eastern). This event is entitled “Asylum Division Meeting”. During the teleconference, USCIS officials will provide updates on the Asylum Division, followed by a question and answer session. You may attend this engagement either in person at USCIS, 20 Massachusetts Avenue NW, Washington, DC, or by teleconference (listen only).

Event Information:

DATE: Thursday, November 14, 2019

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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 – Family Based Immigration

As a Lawful Permanent Resident, can I file an I-130 petition for my family members?

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