H1B Visa Lawyer BlogNow that all of the new H-1B visas for the 2020 Fiscal Year have been allocated, What options do Employers who are looking to hire Foreign National Professionals have?
Here are some creative solutions to this problem:
OPT – STEM Extension
MVP “Immigration Q & A Forum” – This Friday, May 17, 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 – Employment Based Immigration
Can I change my I-140 from one category to the other without being penalized? I am on EB-3 but want to change to E-B2.
Visa Bulletin – June 2019
The Department of State has released its latest Visa Bulletin.
Click the link to view the June 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).
USCIS Names New Deputy Director, Mark Koumans
U.S. Citizenship and Immigration Services (USCIS) announced that Mark Koumans will be the next Deputy Director of USCIS, as of Monday, May 13, 2019. He will replace Acting Deputy Director Tracy Renaud who has been in that position since March 2018. Deputy Director Koumans is described as a career federal employee and that he has held a number of executive positions within the U.S. Customs and Border Protection (CBP) and many other positions within the federal government over the last 29 years.
Please review USCIS News Release, “USCIS Names New Deputy Director” for more details.
Source of Information:
MVP “Immigration Q & A Forum” – This Friday, May 17, 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, May 17, 2019. Act now and submit your questions!
BALCA Says Attempts to Explain NOF Deficiencies Are Almost Certainly Destined to Fail
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.
Upcoming Congressional Hearings on Immigration
Wednesday, May 8, 2019
Committee: U.S. Senate Committee on the Judiciary, Subcommittee on Border Security and Immigration
Reminder – Alternatives to the H-1B Visa for Individuals who did not make the FY2020 H-1B Quota
Now that all of the new H-1B visas for the 2020 Fiscal Year have been allocated, What options do Employers who are looking to hire Foreign National Professionals have?
Here are some creative solutions to this problem:
OPT – STEM Extension
MVP “Immigration Q & A Forum” – This Friday, May 3, 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 – Green Card
If my wife just received her EAD, can she apply for a Social Security Number or does she have to wait until her Green Card is approved?
USCIS Launches H-1B Employer Data Hub
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: