A national day of mourning has been declared by President Donald Trump for Wednesday, December 5th! This day has been set aside to mourn and remember the life of George H. W. Bush, the 41st President of the United States. U.S. Citizenship and Immigration Services (USCIS) offices will be closed Wednesday, along with all federal government offices. USCIS will reschedule all activities set for that day.
USCIS offices will be closed Wednesday, December 5, 2018
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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 “Translator.”
After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification. The CO cited the Employer’s ETA Form 9089 indicated the job as non-professional; however, the Standard Occupational Classification (SOC) for the occupation listed is found on the list of Professional occupations from Appendix A of the Preamble to 20 CFR 656. The CO stated the Employer did not oversee the appropriate recruitment process.
The Employer sent a reconsideration request to the CO arguing that the position of “Translator” is not located on the Professional Occupations list. They argued their Labor application was correct and their recruitment was suitable for the non-professional position. In response, the CO sent the Employer a “Request for Information.” The Employer offered the requested information. Upon review of this information, the CO sent an Audit notification. The Employer presented the State Workforce Agency (SWA) job order and other documentation as requested.
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 – Visa Bulletin
Where can I find the visa bulletin numbers?
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; Connecticut, Delaware and District of Columbia (D.C.)!
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.
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 “Landscape Tech.”
After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification requesting the Employer to present documentation of its Notice of Filing (NOF). Once the CO received the Audit materials, he denied the Labor Application on the ground that the Employer failed to confirm that the NOF was posted for ten (10) consecutive business days between 30 and 180 days before filing its ETA Form 9089, in violation of PERM regulation 20 CFR 656.10(d).
The Employer sent a reconsideration request to the CO. In his response to the reconsideration request, the CO requested the Employer, in 30 days, present a complete copy of their ETA Form 9089, a complete copy of the Request for Reconsideration and a complete copy of all of the audit documentation. The Employer provided the documentation; however, the CO denied the Labor Application citing the Employer did not send its materials back in a timely manner. The Employer then filed a second reconsideration request. In its argument, the Employer claimed it was an administrative error on the part of the Department of Labor, and re-submitted all of its materials including the original filing, audit materials and correspondence with the CO.
U.S. Representative for Maryland’s 7th congressional district, Elijah Cummings called for Congress to flight President Trump’s proposed deal with Mexico to keep asylum seekers out of the United States and left them stay in Mexico while their applications are pending in U.S. court. Rep. Cummings explained he was against the deal because, “that’s not the law”. Cummings stated, “They should be allowed to come in, seek asylum, that’s the law,”
For further details please review this Politico News Article, “Cummings: Asylum-seekers should be allowed in U.S.“.
UPDATE: Mexico’s incoming government denies report Mexico supports Trump admin’s new asylum proposal
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, November 30, 2018. Act now and submit your questions!
Oxford University in England has announced its next class of U.S. Rhodes Scholars. Among the class of 32 winners from across the United States is Harvard University senior Jin Park, the first recipient covered by the Deferred Action for Childhood Arrivals (DACA). The Rhodes Trust announced that this year’s winners include more women than any other class. They also stated that more than half the class are either immigrants or first-generation Americans.
The Rhodes Scholarship is an international postgraduate award for students to study at the University of Oxford in England and was established in 1902.
For further details please review this NY Times News Release, “Rhodes Scholar Class Features Plenty of Women, Immigrants“.
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; Florida, Georgia and Hawaii!
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.
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 – Business Visitor Visa
How long can someone stay in US on a Business Visa (B1/B2)?
H1B Visa Lawyer Blog