H1B Visa Lawyer Blog

June 3, 2016

Impact of New Americans (2015) – Missouri, Montana & Nebraska

Immigration Policy Center Releases Updated State-by-State Fact Sheets (2015)

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).

As Washington D.C. continues the discussion of Comprehensive Immigration Reform, 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; Missouri, Montana & Nebraska.

June 2, 2016

DACA Statistics – DACA Quarterly Report FY2016-Q2

by Kellie N. Lego

The USCIS statistics on DACA Initial cases for the second quarter of FY2016, from 1/1/16 to 3/31/16 show a total of 14,495 DACA requests accepted for processing, (N/A) biometric services appointments scheduled, 13,540 requests approved, and 2,571 requests have been denied.

The USCIS statistics on DACA Renewal cases for the second quarter of FY2016, from 1/1/16 to 3/31/16 show a total of 29,296 DACA requests accepted for processing, (N/A) biometric services appointments scheduled, 25,991 requests approved, and 766 requests have been denied.

This DACA Report includes data for FY2012, FY2013, FY2014, FY2015 and FY2016. The USCIS statistics on DACA cases from 8/12/12 to 3/31/16 show a cumulative total of 1,358,520 DACA requests accepted for processing, 1,373,033 biometric services appointments scheduled, 1,239,404 requests approved, and 61,248 requests have been denied.

June 1, 2016

BALCA on Text of Radio Advertisements

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 “Literary & Media Specialist”.

The CO denied the application stating that the Employer failed to provide sufficient documentation of a radio advertisement. He cited it was in violation of PERM regulation 20 C.F.R. 656.17(e)(1)(ii)(J).

PERM regulation 20 C.F.R. 656.17(e)(1)(ii)(J) expects employers to provide a copy of an advertisement as well as a written confirmation from the radio or television station stating when the ad was aired.

May 31, 2016

Stakeholder Teleconference/Meeting with USCIS Director León Rodríguez – 6/3/16

by Kellie N. Lego

The United States Citizenship and Immigration Services (USCIS) will be holding a stakeholder teleconference on Friday, June 3, 2016 between 2:00 to 3:00pm (Eastern). The subject of the event will be a “Dialogue with USCIS Director León Rodríguez” and will include his introduction and a Q&A session. Director Rodríguez will highlight his agency’s initiatives then listen and respond to the stakeholder community.

Event Information:

DATE: Friday, June 3, 2016 TIME: 2:00 – 3:00 pm (Eastern)

May 27, 2016

MVP LAW GROUP – Immigration Q&A Forum, Friday, May 27, 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 – Deferred Action for Childhood Arrivals (DACA)

If you apply for DACA and get denied, do you risk deportation?

May 26, 2016

BALCA Reverses Denial, Finding 3 out of 4 Recruitment Steps in Compliance

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 “Battery Engineer.”

The CO denied the application stating that the Employer’s web posting did not identify the job location. He cited it was in violation of PERM regulation 20 C.F.R. 656.17(f). PERM regulation 20 C.F.R. 656.17 (f) requires that an advertisement must indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity.

The Employer requested a review of the CO’s denial stating that the company conducted four additional recruitment steps rather than just the three that are required. In the recruitment process, they posted the position on a job search website, advertised in a local newspaper, advertised through their employee referral program, and posted the job position on their company website.

May 25, 2016

Temporary Protected Status (TPS) Extended for Honduras

by Kellie N. Lego

On Monday, May 16, 2016, Secretary of Homeland Security, Jeh Johnson announced that the country of Honduras will be designated for Temporary Protected Status (TPS) for an18 month extension. This decision was based on the overall conditions within Honduras. This status will allow eligible Honduran nationals (or those who last resided in Honduras) residing in the United States to apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The additional 18 months are effective from July 6, 2016, through Jan. 5, 2018.

Current TPS Honduras beneficiaries who want to extend their TPS must re-register during the 60-day re-registration period that runs from May 16, 2016 through July 15, 2016. USCIS encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins. This designation means that, during the designated period, eligible nationals of Honduras and people without nationality who last habitually resided in Honduras will not be removed from the United States and may receive an Employment Authorization Document (EAD), which will allow them to work within the United States.

For further details please review the USCIS News Release, “Temporary Protected Status Extended for Honduras“.

May 24, 2016

USCIS Reaches H-2B Cap for FY 2016

by Kellie N. Lego

On Thursday, May 12, 2016, USCIS announced that it has received a sufficient number of H-2B petitions to reach the congressionally mandated cap (66,000) for Fiscal Year (FY) 2016. May 12, 2016 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before October 1, 2016. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of H-2B workers for FY2016.

USCIS will reject new H-2B petitions that were received after May 12, 2016 and that request an employment start date before October 1, 2016, but there are some exceptions!

The exceptions are listed below:

May 23, 2016

MVP “Immigration Q & A Forum” – This Friday, May 29, 2016

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, May 29, 2016. Act now and submit your questions!

May 20, 2016

Impact of New Americans (2015) – Michigan, Minnesota & Mississippi

by Kellie N. Lego

Immigration Policy Center Releases Updated State-by-State Fact Sheets (2015)

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).

As Washington D.C. continues the discussion of Comprehensive Immigration Reform, 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; Michigan, Minnesota & Mississippi.