H1B Visa Lawyer BlogVisa Bulletin – July 2019
The Department of State has released its latest Visa Bulletin.
Click the link to view the July 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).
MVP “Immigration Q & A Forum” – This Friday, June 14, 2019
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
At what stage of the Family Based Green Card process does the priority date get assigned?
USCIS Names New Acting Director, Kenneth T. Cuccinelli
U.S. Citizenship and Immigration Services (USCIS) announced that Kenneth T. (Ken) Cuccinelli will be the next Acting Director of USCIS, as of Monday, June 10, 2019. He will replace Director L. Francis Cissna who has been in that position since October 2017 and resigned June 1st. The new Acting Director Cuccinelli stated, “I am honored to be given the opportunity to lead U.S. Citizenship and Immigration Services at this critical time and serve alongside this agency’s dedicated workforce,”.
Please review USCIS News Release, “Cuccinelli Named Acting Director of USCIS” for more details.
Source of Information:
MVP “Immigration Q & A Forum” – This Friday, June 14, 2019
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, June 14, 2019. Act now and submit your questions!
BALCA Affirms Denial Where Web Ad Differed from ETA 9089
The Board of Alien Labor Certification Appeals (BALCA) affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Multi-Media Artists & Animators.”
After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. After the Employer responded, the CO denied certification of the application for multiple reasons. First and foremost, the position advertised did not match the one listed on the Employer’s ETA Form 9089 in violation of PERM Regulations 20 C.F.R. § 656.10 and § 656.17 (f)(3). These regulations require that an advertisement “provide a description of the vacancy specific enough to apprise a US worker of the job opportunity for which certification is sought.” The CO revealed that the employer’s web advertising specified the position required a minimum of a high school diploma. On the Employer’s ETA Form 9089, it listed a Bachelor’s degree plus 24 months, or 4 years of work experience as an alternative to the degree.
The Employer sent a reconsideration request to the CO. In its argument, the Employer stated the government made a clear error in denying the labor application. The CO delivered a second denial and forwarded the case to BALCA for review.
Update – USCIS Completes Data Entry of FY 2020 H-1B Cap
USCIS announced (by news alert) on Friday, May 17, 2019 that they have completed the data entry of all Fiscal Year (FY) 2020 H-1B cap – subjected petitions that have been selected randomly through a computer generated process. USCIS will begin returning all H-1B petitions that were not selected but because of the large amount received; the return time frame is unknown. They also ask that petitioners not contact them until they have received a receipt notice or had their unselected petition returned.
For more detailed information about this subject please review the USCIS News Alert, “USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap-Subject Petitions“.
Source of Information:
USCIS Releases 2018 Statistical Annual Report
USCIS announced on Friday, May 31st that they released the Fiscal Year 2018 Statistical Annual Report (PDF). This report highlights USCIS programs, workload, and accomplishments! USCIS Director, L. Francis Cissna stated, “The 2018 USCIS Statistical Annual Report represents a key piece in our continued commitment to provide improved awareness of the nature and scope of work accomplished by the dedicated men and women of USCIS,”. He also stated, “Following a long absence, we are again publishing an annual report, emphasizing our promise of full transparency and accountability to the American people.”
Note: This was USCIS Director, L. Francis Cissna last day, he resigned as of June 1st!
For more detailed information about this subject please review the USCIS News Release, “USCIS Releases 2018 Statistical Annual Report“.
MVP “Immigration Q & A Forum” – This Friday, May 31, 2019
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 Work Visa
My H1B was approved through Consular Processing. I am planning to go in August to get my Visa stamp but I want to do it from a different city in India then I used for my approval. Can I change the city without complicating matters?