H1B Visa Lawyer Blog

February 22, 2017

H-2B Cap Count UPDATE (end 1st half) – 2/9/17

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.

The H-2B cap limit for first half of FY 2017 (October 1 – March 31) is 33,000. As of the last count (1/10/17) this first half cap count has been reached. Please read USCIS update below!

The H-2B cap limit for second half of FY 2017 (April 1 – September 30) is 33,000. As of the last count (2/9/17); 2,523 beneficiaries have been approved and 5,576 are pending for a total of 8,099.

February 21, 2017

Plight of the Undocumented Immigrants – Weekly List of Top News Stories!

by Kellie N. Lego

List of Top News Stories from the last week pointing out the plight of Undocumented Immigrants:

El Paso Times, 3/15/17:

ICE detains alleged domestic violence victim

February 20, 2017

In honor of Presidents’ Day!

by Kellie N. Lego

Washington’s Birthday (actual date: February 22, 1732), now known as Presidents’ Day, is a federal holiday held on the third Monday of February. This day now honors all the presidents of the United States, including George Washington, the United States’ first president.

“The bosom of America is open to receive not only the Opulent and respectable Stranger, but the oppressed and persecuted of all Nations and Religions; whom we shall welcome to a participation of all our rights and privileges, if by decency and propriety of conduct they appear to merit the enjoyment.” – George Washington

Position: Commander-in-Chief of the Continental Army

February 17, 2017

MVP LAW GROUP – Immigration Q&A Forum, Friday, Feb. 17, 2017

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 – H-1B Nonimmigrant Work Visa

My employer somehow lost my original I-797 H1 approval notice and I need it to renew my driver’s license and get visa stamping in the future when I travel. Can I get a new approval notice?

February 16, 2017

Reminder – USCIS Immigration Filing Fees to Increase

by Kellie N. Lego

USCIS has raised its immigration filing fees effective December 23, 2016. Applications and petitions postmarked or filed on or after December 23, 2016, must include these new fees. Please note that USCIS will reject your submission if the fees are not correct!

New USCIS’ fees effective December 23, 2016

FORM	TITLE	New Fee($)
G–1041	Genealogy Index Search Request	65
G–1041A	Genealogy Records Request (Copy from Microfilm)	65
G–1041A	Genealogy Records Request (Copy from Textual Record)	65
I–90	Application to Replace Permanent Resident Card	455
I-102	Application for Replacement/Initial Nonimmigrant Arrival-Departure Document	455
I-129/129CW	Petition for a Nonimmigrant Worker	460
I-129F	Petition for Alien Fiancé(e)	535
I–130	Petition for Alien Relative	535
I–131/I-131A	Application for Travel Document	575
I–140	Immigrant Petition for Alien Worker	700
I–191	Application for Advance Permission to Return to Unrelinquished Domicile	930
I–192	Application for Advance Permission to Enter as Nonimmigrant	585/930*
I-193	Application for Waiver of Passport and/or Visa	585
I-212	Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal	930
I-290B	Notice of Appeal or Motion	675
I-360	Petition for Amerasian Widow(er) or Special Immigrant	435
I-485	Application to Register Permanent Residence or Adjust Status	1,140
I-485	Application to Register Permanent Residence or Adjust Status (certain applicants under the age of 14 years)	750
I-526	Immigrant Petition by Alien Entrepreneur	3,675
I-539	Application to Extend/Change Nonimmigrant Status	370
I-600/600A	Petition to Classify Orphan as an Immediate Relative/Application for Advance Petition Processing of Orphan Petition	775
I-601	Application for Waiver of Ground of Excludability	930
I-601A	Application for Provisional Unlawful Presence Waiver	630
I-612	Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended)	930
I-687	Application for Status as a Temporary Resident under Section 245A of the Immigration and Nationality Act	1,130
I-690	Application for Waiver of Grounds of Inadmissibility	715
I-694	Notice of Appeal of Decision	890
I-698	Application to Adjust Status From Temporary to Permanent Resident (Under Section 245A of the INA)	1,670
I-751	Petition to Remove Conditions on Residence	595
I-765	Application for Employment Authorization	410
I-800/800A	Petition to Classify Convention Adoptee as an Immediate Relative/Application for Determination of Suitability to Adopt a Child from a Convention Country	775
I-800A Supp. 3	Request for Action on Approved Form I-800A	385
I-817	Application for Family Unity Benefits	600
I-824	Application for Action on an Approved Application or Petition	465
I-829	Petition by Entrepreneur to Remove Conditions	3,750
I-910	Application for Civil Surgeon Designation	785
I-924	Application for Regional Center Designation Under the Immigrant Investor Program	17,795
I-924A	Annual Certification of Regional Center	3,035
I-929	Petition for Qualifying Family Member of a U-1 Nonimmigrant	230
N-300	Application to File Declaration of Intention	270
N-336	Request for Hearing on a Decision in Naturalization Proceedings	700
N-400	Application for Naturalization	640
N-470	Application to Preserve Residence for Naturalization Purposes	355
N-565	Application for Replacement Naturalization/Citizenship Document	555
N-600/N-600K	Application for Certification of Citizenship/Application for Citizenship and Issuance of Certificate under Section 322	1,170
	USCIS Immigrant Fee	220
	Biometric Services Fee	85

Note:

* The fee for Form I-192 will remain $585 when filed with and processed by CBP

** Certain forms require Biometric Services Fee, add $85

For further details please review the USCIS News Release, “USCIS Announces Final Rule Adjusting Immigration Benefit Application and Petition Fees“.

Source of Information:
USCIS.gov, 10/24/16, News Release:
USCIS Announces Final Rule Adjusting Immigration Benefit Application and Petition Fees

February 15, 2017

Visa Bulletin – March 2017

by Kellie N. Lego

The Department of State has released its latest Visa Bulletin.

Click here to view the March 2017 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).

February 14, 2017

USCIS Implementation of Jan. 27 Executive Order (Travel Ban)

by Kellie N. Lego

USCIS is alerting stakeholders that they will continue to process:

Applications and petitions filed for or on behalf of individuals in the United States regardless of their country of origin.

Applications and petitions of lawful permanent residents outside the U.S. USCIS also continues to adjudicate applications and petitions for individuals outside the U.S. whose approval does not directly confer travel authorization.

February 13, 2017

MVP “Immigration Q & A Forum” – This Friday, Feb. 17, 2017

by Kellie N. Lego

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, February 17, 2017. Act now and submit your questions!

February 9, 2017

DHS Statement on Compliance with Recent Court Order

by Kellie N. Lego

U.S. District Court Judge James Robart issued a ruling Friday, effectively halting Trump’s executive order, the so called Travel Ban!

In accordance with U.S. District Court Judge James Robart ruling on Friday, February 3^rd, Department of Homeland Security (DHS) has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States.” This includes all actions subject to this Executive Order. DHS will resume normal inspection of travelers under their standard policies and procedures.

The Department of Justice has filed for an emergency stay with the ninth US circuit court of appeals and the court has already heard the case and is expected to rule soon.

February 8, 2017

Economic Power of New Americans (Update) – Wisconsin, Wyoming & Washington, D.C.

by Kellie N. Lego

The Immigration Policy Center (IPC) has released all fifty states, the District of Columbia and the United States (Overall), for a total of fifty-two updated fact sheets with accompanying info graphics and other details. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

With national immigration policy being discussed as part of Presidential Elections, 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 IPC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Wisconsin, Wyoming & Washington, D.C..

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ economy, labor force and tax base. Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. With the nation working towards economic recovery, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.