OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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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 Work Visa

I have vacation plans to go out of the country the first week of July. Can I file my H-1B extension petition prior to leaving?

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USCIS has launched a new searchable H-1B Employer database, entitled “H-1B Employer Data Hub” and a new Web Page, entitled “Understanding Our H-1B Employer Data Hub” to explain the new Data Hub’s capabilities. The H-1B Employer Data Hub will allow the public to search H-1B petitioners by different important parameters such as fiscal year, employer name and others. USCIS will be updating the data used by the H-1B Employer Data Hub on a quarterly basis.

Please review USCIS News Alert, “USCIS Launches H-1B Employer Data Hub” for more details.

Source of Information:

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The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2018 statistics (Third Quarter) in the form of program factsheets for each of the major immigration programs. These updated FY2018 statistics (Third Quarter) covers April 2018 through June 2018.

The link to each FY 2018 (Third Quarter) program factsheet is listed below:

• Permanent Labor Certification Program – Select Statistics

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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, April 5, 2019. Act now and submit your questions!

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Immigration and Customs Enforcement (ICE) Acting Director Ronald Vitiello announced that ICE has trained more than 1,500 local and state (Police) authorities to help enforce federal immigration law. ICE is using the 287(g) program which is named for Section 287(g) of the Immigration and Nationality Act (INA). This program allows state and local police officers to work together with federal law enforcement to implement federal immigration laws.

Acting Director Vitiello stated, “We’re establishing new, stronger partnerships between [Enforcement and Removal Operations] and many state and local law enforcement agencies through 287(g) agreements that will train and empower them to enforce federal immigration laws…”

Please review The Hill (thehill.com) News Article, “ICE trained 1,500 local authorities to help enforce immigration law” for more details.

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The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2018 statistics (Second Quarter) in the form of program factsheets for each of the major immigration programs. These updated FY2018 statistics (Second Quarter) covers January 2018 through March 2018.

The link to each FY 2018 (Second Quarter) program factsheet is listed below:

• Permanent Labor Certification Program – Select Statistics

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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 “Indian Vegetarian Cook.”

After receiving and reviewing the Employer’s Application for Permanent Labor Certification, the CO issued an Audit. He directed the Employer to present a signed notarized statement attesting to the sponsorship of the Alien. In addition, the CO requested answers to several questions concerning the position and the Foreign Worker. The Employer responded to the Audit request in a timely manner.

Once the CO received the audit materials, he denied certification of the application. The Employer did not provide the notarized statement that was requested in the Audit Notification Letter. The Employer sent a reconsideration request to the CO. The Employer stated that “by signing and submitting the ETA Form 9089, it had attested it had a job opportunity available.” The CO re-affirmed his decision and stated that the Employer’s failure to send back a notarized letter with the Audit was a valid reason for denying certification. The CO forwarded the case to BALCA for review.

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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

Is there any limit to how many times I can apply for an H1B transfer?

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The American Immigration Council (AIC) has released all fifty states and the District of Columbia, for a total of fifty-one updated state-by-state fact sheets highlighting immigration data and facts. These fact sheets highlight the demographic and economic impact of Immigrants in each state.

With national immigration policy being discussed, we thought that it would be a good time to provide some statistics on the Immigrant population in the United States as provided by this AIC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; West Virginia, Wisconsin and Wyoming!

The AIC has compiled research which shows that Immigrants are an essential part of each of these states’ economy, labor force and tax base. As our economy continues to grow, Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. As United States economic continues to grow, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

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