H1B Visa Lawyer Blog

April 9, 2018

MVP “Immigration Q & A Forum” – This Friday, April 13, 2018

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 13, 2018. Act now and submit your questions!

April 6, 2018

Immigrants in U.S. – (State-by-State) – Louisiana, Maine & Maryland

by Kellie N. Lego

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; Louisiana, Maine & Maryland.

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.

April 5, 2018

Trump sending National Guard troops to Mexico border!

by Kellie N. Lego

On Tuesday, April 3^rd, President Trump announced to reporters that he was sending the Military to guard the southern border with Mexico, even surprising his own advisers.

The White House is suggesting the plan will be similar to President Bush’s plan, Operation Jump Start. Under that plan the National Guard played a support role to U.S. Customs and Border Protection (CBP). National Guard troopers gathered intelligence and passed it along to the CBP. The National Guard did not get involved in capturing immigrants and were NOT allowed to use force unless they were attacked first.

Illegal border crossings slowed during President Trump’s first year in office but apprehensions at the U.S. – Mexico border have begun to increase, up from 23,555 in February 2017 to 36,695 in February 2018!

April 4, 2018

BALCA Finds Employee’s Letter Sufficient Evidence of Required Skills

by Kellie N. Lego

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 “Assistant Accountant.”

After examining an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification ordering the Employer to submit documentation of the Foreign Worker’s knowledge of various programs at the time of hire. The Employer replied to the Audit with a personal statement from the Foreign Worker stating she had the mandatory understanding of these programs. Also included was a letter from the Employer’s Comptroller confirming at the time of hire the foreign worker possessed the minimum requirements for the job position.

The CO sent a denial letter because he believed the Employer failed to provide substantial evidence of the Foreign Worker’s knowledge of the programs (i.e., he wanted documentation – certifications, licenses, a notarized statement.) He cited PERM Regulation 20 CFR 656.20(b) as the authority of his denial, which states, “a substantial failure by the employer to provide required documentation will result in the application being denied.”

April 3, 2018

USCIS Teleconference – Form I-90, Application to Replace Permanent Resident Card – 4-17-18

by Kellie N. Lego

The United States Citizenship and Immigration Services (USCIS) will be holding a teleconference on Tuesday, April 17, 2018 between 1:00 to 2:00 pm (EST). The subject of the event will be a discussion of Form I-90, Application to Replace Permanent Resident Card. Representatives from USCIS will be giving an overview of the Form I-90, along with helpful filing tips, and answering non-case specific questions.

Note: USCIS representatives will also provide an overview of myUSCIS and its newest features including an overview of online filing for Form I-90.

Event Information:

April 2, 2018

Revised – Updated Service Center Processing Times (1/31/18)

by Kellie N. Lego

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 3/19/18 with processing dates as of 1/31/18.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center (CSC)

March 30, 2018

MVP LAW GROUP – Immigration Q&A Forum, Friday, March 30, 2018

by Kellie N. Lego

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

Is there a set period of time that I must live and work in the United States before I can apply for a Green Card?

March 29, 2018

Immigrants in U.S. – (State-by-State) – Iowa, Kansas & Kentucky

by Kellie N. Lego

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; Iowa, Kansas & Kentucky.

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.

March 28, 2018

DOL Webinar (4-3-18) – H-2B Survey Concepts and Employer Filing Tips

by Kellie N. Lego

The Office of Foreign Labor Certification’s (OFLC) will be holding a Webinar on Tuesday, April 3, 2018 between 1:00 to 3:00 pm (EST). The subject of the event will be H-2B surveyor concepts and general filing tips. The first hour of the Webinar will focus on Concepts for Surveyors and the second hour will focus on general filing tips.

Event Information:

DATE: Tuesday, April 3, 2018

March 27, 2018

Reminder – On April 2, 2018, USCIS will start accepting H-1B Petitions for FY2019

by Kellie N. Lego

U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap on Monday, April 2, 2018. Cases will be considered accepted on the date that USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.

The cap (the numerical limitation on H-1B petitions) for FY 2019 is 65,000. In addition, the first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degree or higher are exempt from the fiscal year cap of 65,000.

Please note that USCIS will announce the start date for premium processing in the near future. See the USCIS’s Premium Processing section for more details.