OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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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 2016 (October 1 – March 31) is 33,000. As of the last count (3/15/16) this first half cap count has been reached. Please read USCIS update below!

The H-2B cap limit for second half of FY 2016 (April 1 – September 30) is 33,000. As of the last count (5/2/16); 26,426 beneficiaries have been approved and 6,194 are pending for a total of 32,620.

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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 4/28/16 with processing dates as of 2/29/16.

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)

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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; Maine, Maryland & Massachusetts.

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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 “Computer Software Engineer.”

The CO denied the application stating that the Labor application is incomplete and inconsistent with the submitted information from the employer and the applicant. On the Labor application, the Employer’s physical address is listed as Martinsburg, West Virginia but their phone number’s area code is Arlington, Virginia. The applicant’s home address is listed in Martinsburg, West Virginia but his phone number’s area code -571 is representative of Leesburg, Virginia. As additional proof, the CO declared the Employer had signed in Section N, of the LCA, that the information submitted was “true and accurate to the best of its knowledge.”

Perm regulations require an employer seeking to apply for permanent labor to file an ETA Form 9089.20 C.F.R. & 656.17(a). These regulations state that any incomplete applications will be denied.

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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 – NAFTA (TN) Visas

I am on a TD visa in the US. Can I get a work permit?

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On Thursday, May 12, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for H-1B petitions subject to the FY 2017 cap, including H-1B petitions seeking an exemption from the fiscal year cap for individuals who have earned a U.S. master’s degree or higher.

USCIS first announced that we would begin premium processing for H-1B cap cases no later than May 16th in a USCIS news release dated March 16, 2016, so they are moving ahead quickly. USCIS provides premium processing service for an extra cost, for certain employment-based petitions and guarantees a 15-calendar-day processing time.

Note: USCIS encourages H-1B applicants to subscribe to the H-1B Cap Season email updates located on the H-1B FY2017 Cap Season Web page.

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The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2016 statistics (second quarter) in the form of program factsheets for each of the major immigration programs. These updated FY2016 statistics (second quarter) cover January 2016 through March 2016.

The link to each program factsheet is listed below:

• Permanent Labor Certification Program – Select Statistics, FY 2016 (second quarter)

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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; Kansas, Kentucky & Louisiana.

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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 29, 2016. Act now and submit your questions!

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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 4/12/16 with processing dates as of 2/29/16.

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)

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