OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

Several of USCIS offices in the Southeast are closed, will be closing or have changed their hours as Hurricane Dorian path moves up the East Coast of the United States. If you have an appointment with the USCIS and you think it might be affected, check the list daily!

For complete details, please review the USCIS Web Page, “USCIS Office Closings” for more details.

Source of Information:

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 “Forman.”

Upon evaluating an Employer’s Application for Permanent Labor Certification which provided that the employer was a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or …there is a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien, the CO issued a “Request for Additional Information.” In 30 days, he needed the following evidence: (1) Proof of a federal employer identification number; (2) Proof that the company was a business entity; and (3) Proof of the physical location of the company. It appears from the record that most of the information requested by the CO already accompanied the Application.

A few months later, the CO delivered a “Notice of Supervised Recruitment.” The Employer was required, in 30 days, to send a draft job advertisement, corporate financial & structure documentation as well as any family relationship the Alien has to the Employer. In a timely fashion, the Employer responded by providing their business license, operating agreement, IRS FEIN number, organization certificate from the Virginia State Corporation Commission, and a letter from the Company’s owner describing his relationship to the Alien.

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 6, 2019. Act now and submit your questions!

USCIS issued a news alert on Thursday, August 15th stating that they have returned all fiscal year 2020 (FY 2020) H-1B cap-subject petitions that were not selected in their computer-generated lottery. USCIS completed the data entry of all selected H-1B cap-subject petitions on May 17th (USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap-Subject Petitions). If you submitted a cap-subject petition between April 1st and April 15th of this year and have not received a receipt notice or a returned petition by August 29, 2019, contact USCIS for assistance.

Source of Information:

USCIS.gov, 8/15/19, News Alert:

The United States Citizenship and Immigration Services (USCIS) will be holding a Teleconference on Monday, September 9, 2019 from 2 to 3 p.m. (Eastern). This event is entitled “EB-5 Immigrant Investor Program: Listening Session”. During the teleconference, USCIS officials will provide updates on the EB-5 Immigrant Investor Program, followed by a question and answer session. USCIS trying to have more dialogue with the public on the EB-5 program.

Event Information:

DATE: Monday, September 9, 2019

The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2019 statistics (Third Quarter) in the form of program factsheets for each of the major immigration programs. These updated FY2019 statistics (Third Quarter) covers April 2019 through June 2019.

The link to each FY2019 (Third Quarter) program factsheets is listed below:

Permanent Labor Certification Program – Select Statistics

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 – Naturalization

Will I be asked all 100 civics questions during the naturalization interview?

USCIS issued a news alert on Thursday, August 15th stating that they have returned all fiscal year 2020 (FY 2020) H-1B cap-subject petitions that were not selected in their computer-generated lottery. USCIS completed the data entry of all selected H-1B cap-subject petitions on May 17th (USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap-Subject Petitions). If you submitted a cap-subject petition between April 1st and April 15th of this year and have not received a receipt notice or a returned petition by August 29, 2019, contact USCIS for assistance.

Source of Information:

USCIS.gov, 8/15/19, News Alert:

The Department of State has released its latest Visa Bulletin.

Click the link to view the September 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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