H1B Visa Lawyer Blog

September 12, 2016

MVP “Immigration Q & A Forum” – This Friday, Sept. 16, 2016

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, Sept. 16, 2016. Act now and submit your questions!

September 9, 2016

E-Verify Webinars On-Demand!

by Kellie N. Lego

The U.S. Citizenship and Immigration Service (USCIS) are now offering two free E-Verify webinars and they are both available on-demand. E-Verify is a Web-based, free program operated by the Department of Homeland Security (DHS) that allows businesses to determine the eligibility of their employees to legally work in the United States.

Form I-9 Webinar On-Demand: This free self-service tool reviews Form I-9 and imparts best practices at the viewers’ convenience. Viewers can choose the chapters of their choice or watch the entire 22 minute video in one sitting.

E-Verify Webinar On-Demand: This free self-service tool reviews Form I-9 and E-Verify, enrollment, how to run a case and more. It’s another good training tool to help your business. Viewers can choose the chapters of their choice or watch the entire 14 minute video in one sitting.

September 8, 2016

Economic Power of New Americans (Update) – Arkansas, California & Colorado

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; Arkansas, California & Colorado.

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.

September 7, 2016

MVP Immigration Newsletter – August 2016

by Kellie N. Lego

Once a month, MVP Law Groups’ Managing Attorney, Kellie N. Lego publishes an electronic Immigration Newsletter. This emailed newsletter features current articles, relevant data and up-to-date information about U.S. Immigration. We invite you to join our mailing list.

Current Newsletter: MVP Immigration Newsletter – August 2016

Follow link to join: Join our mailing list!

September 6, 2016

BALCA on Familial Relationship between Alien and Employer

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 “Forman.”

Upon evaluating an Employer’s Application for Permanent Labor Certification which provided that the employer was a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or …there is a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien, the CO issued a “Request for Additional Information.” In 30 days, he needed the following evidence: (1) Proof of a federal employer identification number; (2) Proof that the company was a business entity; and (3) Proof of the physical location of the company. It appears from the record that most of the information requested by the CO already accompanied the Application.

A few months later, the CO delivered a “Notice of Supervised Recruitment.” The Employer was required, in 30 days, to send a draft job advertisement, corporate financial & structure documentation as well as any family relationship the Alien has to the Employer. In a timely fashion, the Employer responded by providing their business license, operating agreement, IRS FEIN number, organization certificate from the Virginia State Corporation Commission, and a letter from the Company’s owner describing his relationship to the Alien.

September 5, 2016

Celebrating Labor Day!

by Kellie N. Lego

“The basic bargain of America is that no matter who you are, where you come from or what you look like, if you work hard & play by the rules, you can make it.” — Labor Secretary Tom Perez

The Labor Day holiday in United States is celebrated the first Monday in September. Labor Day was really created by the national labor movements to celebrate the American worker and their achievements, both social and economic! Each of us that work every day, immigrant or citizen, this is our celebration! For more information about the history of Labor Day review the Department of Labor’s (DOL) web page, “History of Labor Day”.

MVP Law Group would like to thank workers worldwide for their contributions to our society!

September 2, 2016

MVP LAW GROUP – Immigration Q&A Forum, Friday, Sept. 2, 2016

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 – Employment Based Immigration

What is the difference between an EB-2 and an EB-3 classification for a Green Card?

September 1, 2016

USCIS Seeks Comments on Proposed International Entrepreneur Rule

by Kellie N. Lego

USCIS has published, (8/31/16), a notice of proposed rulemaking in the Federal Register for the proposed International Entrepreneur Rule. USCIS is inviting the public to comment for the next 45 days. To submit your comment, follow the instructions at the top of the Federal Register notice and remember the comment period ends on (10/17/16).

Background:

The Department of Homeland Security (DHS) proposes to amend its regulations implementing the Secretary of Homeland Security’s discretionary parole authority to increase and enhance entrepreneurship, innovation, and job creation in the United States. The proposed rule would add new regulatory provisions guiding the use of parole on a case-by-case basis with respect to entrepreneurs of start-up entities whose entry into the United States would provide a significant public benefit through the substantial and demonstrated potential for rapid business growth and job creation.

August 31, 2016

Economic Power of New Americans (Update) – Alabama, Alaska & Arizona

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; Alabama, Alaska & Arizona.

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.

August 30, 2016

BALCA on Content of Supervised Recruitment Report

by Kellie N. Lego

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 Vice President, Mergers & Acquisitions.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO informed the Employer that he would need to oversee their PERM recruitment. As part of the process, the CO sent the employer separate instructions for its advertisement and recruitment report. In the instructions for the recruitment report, he requested the Employer to “state the names, addresses and provide resumes (other than those sent to the employer by the CO) of the U.S. workers who applied for the job opportunity.

A few months later, the Employer presented the outcomes of its PERM recruitment in its recruitment report. The Employer indicated they had received 70 applications from U.S. Workers; and 7 applications from non-U.S. workers. Out of the 70 U.S. candidates, only three of the candidates were interviewed for the position. Based on the interviews, the Employer decided none of the applicants were qualified because they lacked the required critical experience and skills. In the recruitment report, the Employer identified the name of each applicant and provided the reason each candidate was disqualified. However, in the actual report, the Employer did not state the addresses of the applicants. In the report, they wrote a note to the CO that specified the following, “The resumes of the applicants who responded directly to JP Morgan Chase are attached to this report. Please note that the resumes, which are part of this recruitment report, include the name and address of each applicant.”