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Question #1 – National Interest Waiver (NIW)

I filed concurrent I-140 and I-485 petitions under the National Interest Waiver (NIW) immigration category several months ago, as a self-petitioner without employer sponsorship. I have received a Request for more Evidence from the USCIS. What will happen to my 485 application if my NIW Form I-140 is rejected after the RFE response? Does the President’s Actions taken in November help my case in any way?

The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2014 statistics in the form of program factsheets for each of the major immigration programs. These updated FY2014 statistics cover October 1, 2013 through September 30, 2014.

The link to each program factsheet is listed below:

Permanent Labor Certification Program – Select Statistics, FY 2014

Immigration Policy Center Releases Updated State-by-State Fact Sheets (2014)

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 four states at a time. This week we will highlight; New Hampshire, New Jersey, New Mexico & New York.

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 “AMI Montessori Elementary Teacher.”

After reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification of the application. He believed the Alien Worker did not meet either the “primary or alternative educational requirements” that were listed on the labor application. In Section J.11, the Employer checked ‘OTHER’ on the application under Highest Level of Education and later clarified in Section J.11.A that ‘OTHER’ classification was AMI Certification.

The Employer sent a reconsideration request to the CO. In its argument, the Employer stated the AMI Certification is “higher than a Bachelor’s but lower than a Master’s or Doctorate.” In addition, they submitted a letter from the Montessori Training Center that one of its admission requirements for their program is a Bachelor’s Degree. The Employer also sent an Educational Assessment document which determined the Alien Worker had “the equivalent of a US Bachelor’s Degree based on work experience and postsecondary education.”

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, December 5, 2014. Act now and submit your questions!

On November 20, 2014, the President of the United States announced the eligibility criteria for exercising prosecutorial discretion through the use of deferred action for Parents of U.S. Citizens or Permanent Residents . This deferred action program will be for a period of three years and will be subject to renewal. As a result of the deferred action, the applicant may be eligible for work authorization.

Determinations will be made on a case-by-case basis. Individuals must prove through documentation that they meet the guidelines for deferred action. Anyone who is granted deferred action is not a lawful US citizen, nor a Lawful Permanent Resident. No permanent legal status is provided through DAPA. DAPA is only a temporary grant of relief from deportation.

You may request consideration of Deferred Action if you*:

All of us at MVP Law Group would like to wish everyone a wonderful and Happy Thanksgiving!

Thanksgiving 2014 marks 151 years of a national tradition. In 1863, Abraham Lincoln proclaimed the last Thursday of November as a “day of Thanksgiving and Praise,” making Thanksgiving Day an annual holiday.

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On November 20, 2014, the President of the United States announced that several key eligibility requirements under Deferred Action for Childhood Arrivals (DACA) would be revised to encompass a larger amount of qualified DREAMERS. Additionally, this expansion of the DACA program will be for a period of three years, not two years. DACA remains subject to renewal. As a result of the deferred action, the applicant may be eligible for work authorization.

As the USCIS has done in the past, determinations will be made on a case-by-case basis. Individuals must prove through documentation that they meet the guidelines for deferred action. Anyone who is granted deferred action is not a lawful US citizen, nor a Lawful Permanent Resident. No permanent legal status is provided through DACA. DACA is only a temporary grant of relief from deportation.

You may request consideration of Deferred Action for Childhood Arrivals if you*:

Immigration Policy Center Releases Updated State-by-State Fact Sheets (2014)

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 four states at a time. This week we will highlight; Missouri, Montana, Nebraska & Nevada.

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.

The H-2B cap limit for first half of FY 2015 (October 1 – March 31) is 33,000. As of the last count (11/17/14); 11,128 beneficiaries have been approved and 1,530 are pending for a total of 12,658.

The H-2B cap limit for second half of FY 2015 (April 1 – September 30) is 33,000. As of the last count (11/17/14); 0 beneficiaries have been approved and 0 are pending for a total of 0.

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