H1B Visa Lawyer Blog

June 25, 2015

DHS Announces TPS Designation for Nepal

On Wednesday, June 24, 2015, Secretary of Homeland Security, Jeh Johnson announced that the country of Nepal will be designated for Temporary Protected Status (TPS) for 18 months. This decision was based on the conditions within Nepal caused by the April 25th, magnitude 7.8 earthquake and the many aftershocks that followed. This status will allow eligible Nepalese nationals residing in the United States to apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The 180-day TPS registration period begins June 24, 2015 and runs through December 21, 2015. The Federal Register notice, “Designation of Nepal for Temporary Protected Status” published June 24, 2015 provides further details and procedures for applying for TPS.

The TPS designation for Nepal is effective starting, June 24, 2015, and will be in effect through December 24, 2016. This designation means that, during the designated period, eligible nationals of Nepal and people without nationality who last habitually resided in Nepal 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, “DHS Announces Temporary Protected Status Designation for Nepal“.

June 24, 2015

USCIS Teleconference – Original Guidelines for DACA and Renewal Process – 6/24/15

by Kellie N. Lego

The United States Citizenship and Immigration Services (USCIS) will be a holding a free Teleconference on Wednesday, June 24, 2015 between 2:00pm to 3:00pm (EST). The subject of this event will be their continued processing of requests under the original guidelines for Deferred Action for Childhood Arrivals (DACA) and the DACA renewal process. There will also be a Q&A session at the end of the teleconference.

The federal court temporarily enjoined the USCIS from implementing the new expanded DACA guidelines under President Obama’s Executive Actions on Immigration (11/20/14).

Event Information:

June 23, 2015

Updated Service Center Processing Times (as of 4/30/15)

by Kellie N. Lego

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 6/15/15 with processing dates as of 4/30/15.

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)

June 22, 2015

MVP “Immigration Q & A Forum” – This Friday, June 26, 2015

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, June 26, 2015. Act now and submit your questions!

June 19, 2015

DC-Area Immigrants Will Receive Free Legal Consultations from Immigration Attorneys

by Kellie N. Lego

On Saturday, June 20, 2015, the American Immigration Lawyers Association (AILA) and their local Washington, DC Chapter have partnered with some local charities to offer free immigration law services. The event is AILA’s fifth annual Pro Bono Clinic which is being held in conjunction with AILA’s 2015 Annual Conference on Immigration Law! This Free Legal Clinic will take place in Washington, D.C. at Carlos Rosario International Public Charter School. There will be dozens of Immigration Attorneys from around the country available to answer questions and assess each participant case as it pertains to Immigration Law.

AILA Executive Director Crystal Williams stated, “The Washington, DC, area is both historic and vibrant; it’s a place where immigrants have flourished and where the three branches of our government make, execute, and rule on policies affecting immigrants. We welcome the chance to join our partners in offering knowledge and expertise to help families and individuals in the area,”

All interested individuals are encouraged to attend this event, including members of the press. Immigrants interested in speaking with an attorney are encouraged to sign up in advance.

June 18, 2015

DACA Renewal – Don’t Let Your Work Permit Expire

by Kellie N. Lego

When your initial two-year grant of deferred action for childhood arrivals (DACA) expires, you may request a renewal. USCIS suggests you submit your DACA renewal request up to150 days before the expiration date located on your current Form I-797 DACA approval notice and Employment Authorization Document (EAD). Some people are waiting too long to request their DACA renewal or not submitting the correct forms and fees and as a result their EAD could expire before USCIS processing their DACA renewal.

You can lessen the chance that this may happen if you:

• File on time. Submit your renewal request between 150 days and 120 days before the expiration date listed on your current Form I-797 DACA approval notice and Employment Authorization Document.

June 16, 2015

Revised – Updated Service Center Processing Times (as of 3/31/15)

by Kellie N. Lego

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 6/9/15 with processing dates as of 3/31/15.

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)

June 15, 2015

USCIS Reopened H-2B Cap for the Second Half of FY2015

by Kellie N. Lego

On Friday, June 5th, the USCIS reopened the H-2B cap for the second half of the fiscal year (FY) 2015. They originally closed the H-2B cap on Thursday, March 26, 2015 announcing that the cap had been reached. USCIS will accept Form I-129, Petition for a Nonimmigrant Worker, requesting new H-2B workers with an employment start date between April 1 and September 30, 2015.

USCIS has to estimate when they feel they have received enough requests to fulfill the H-2B visa limit for the fiscal year. After monitoring the issuance of H-2B visas in collaboration with the U.S. Department of State (DOS),, they determined they had received fewer requests than expected and have openly stated that there are available H-2B visas remaining for the second half of FY2015.

For more detailed information about this USCIS news alert, please read, “USCIS to Reopen H-2B Cap for the Second Half of Fiscal Year 2015“.

June 12, 2015

MVP LAW GROUP – Immigration Q&A Forum, Friday, June 12, 2015

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?

June 11, 2015

Visa Bulletin – July 2015

by Kellie N. Lego

The Department of State has released its latest Visa Bulletin.

Click here to view the July 2015 Visa Bulletin

As projected by the U.S. Department of State, the July 2015 Visa Bulletin shows the EB2 date for nationals from India stayed at 10/1/08; the EB3 date for nationals from India made a small movement from 1/22/04 to 2/1/04; the EB2 for Chinese Nationals moved from 6/1/13 to 10/1/13; the EB3 for Chinese Nationals stayed at 9/1/11; and EB3 for WW moved from 2/15/15 to 4/1/15; and the F2A category moved from 10/1/13 to 11/8/13, except Mexico which moved from 8/8/13 to 9/15/13. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).