H1B Visa Lawyer Blog

October 13, 2014

Visa Bulletin – November 2014

The Department of State has released its latest Visa Bulletin.

Click here to view the November 2014 Visa Bulletin

As projected by the U.S. Department of State, the November 2014 Visa Bulletin shows the EB2 date for nationals from India retrogressed (moved backwards) from 5/1/09 to 2/15/05; the EB3 date for nationals from India made a small movement from 11/15/03 to 11/22/03; the EB2 for Chinese Nationals moved from 11/15/09 to 12/8/09; the EB3 for Chinese Nationals moved from 4/1/09 to 1/1/10; and EB3 for WW moved from 10/1/11 to 6/1/12; and the F2A category moved from 2/1/13 to 3/1/13, except Mexico which moved from 7/22/12 to 9/22/12. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).

October 10, 2014

MVP LAW GROUP – Immigration Q&A Forum, Friday, October 10, 2014

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 – H-1B Nonimmigrant Visa

I have an I-129 petition (Approved from Oct 1, 2010) which was never used and I never traveled to USA. Can an employer file my H1B under cap exemption category?

October 9, 2014

H-2B Cap Count UPDATE – 10/3/14

by Kellie N. Lego

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 the second half of FY 2014 (April 1 – September 30) is 33,000. As of the last count (9/30/14); 26,286 beneficiaries have been approved and 315 are pending for a total of 26,601.

The H-2B cap limit for first half of FY 2015 (October 1 – March 31) is 33,000. As of the last count (10/3/14); 7,222 beneficiaries have been approved and 1,635 are pending for a total of 8,857.

October 8, 2014

USCIS – Some Biometric Appointment Notices Issued in Error

by Kellie N. Lego

The U.S. Citizenship and Immigration Services (USCIS) released a news alert (10/3/14) advising that some of their customers have received more than one biometrics (fingerprints) appointment notice.

*Please note that we are not discussing a duplicate appointment notice as that happens as well, but an actual second fingerprint appointment notice requesting that the applicant appear for a second time at a different date and time.

They advise that if you have already shown up and completed a biometrics appointment and you receive a second appointment notice to please call the National Customer Service Center at 1-800-375-5283. They also stated if you have already received two appointments and have not attended the first, to bring the notices for both appointments with you and they will let you know if the second appointment is needed.

October 7, 2014

BALCA Finds No Regulatory Violation in Wage Error on ETA 9089

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 “Software Engineer.”

After obtaining & examining an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification ordering the Employer to submit its Prevailing Wage Determination (PWD) and other requested documentation. The Employer replied to the Audit by providing the PWD as well as the other documents.

The CO denied the labor certification stating the prevailing wage on the ETA form 9089 did not match the one listed on the PWD. He cited a violation of PERM Regulations 656.10(c) (1), 656.40 AND 656.41. In addition, the Employer’s Notice of Filing did not contain the job requirements or duties as listed on the ETA Form 9089. The Employer requested a reconsideration of the denial stating the prevailing wage inconsistency was an unintentional harmless error. The Employer also believed all of its audit response materials were compliant with PERM regulations.

October 6, 2014

MVP “Immigration Q & A Forum” – This Friday, October 10, 2014

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, October 10, 2014. Act now and submit your questions!

October 3, 2014

A Look on the Inside: November 2014 Visa Bulletin

by Kellie N. Lego

I attended an American Immigration Lawyers Association (AILA) DC Chapter meeting on Wednesday evening in DC, where U.S. State Department, Charles Oppenheim (the man responsible for creating and publishing the monthly Visa Bulletin) informed the audience of the numbers for the November and December 2014 Visa Bulletins.

Employment Based 2nd Preference:

a. EB2 for Indian Nationals – will retrogress several years either in November 2014 or December 2014 (possibly as early as 2005), with no movement again until roughly May/June of 2015

October 2, 2014

USCIS Form I-9 Webinar is now available On-Demand

by Kellie N. Lego

On Friday, September 26, 2014, USCIS announced that they have published a web page with free on-demand access to a Form I-9 webinar. On-demand means that this video of the Form I-9 webinar is available at any time on the Internet. This webinar explains how to correctly complete the Form I-9, Employment Eligibility Verification form. You can choose from any of the (14) individual chapters or you may watch the entire 22 minute video altogether. This is a great training tool to learn how to correctly complete this important form.

Form I-9 Webinar on Demand

Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens.

October 1, 2014

Diversity Visa (DV-2016) Lottery Announced

by Kellie N. Lego

Annually, the United States government issues a maximum of 50,000 green cards through a computer-generated random lottery drawing. Applications for the DV-2016 random lottery will be accepted from noon (EDT) Wednesday, October 1, 2014 through noon (EST) Monday, November 3, 2014. Paper entries will not be accepted, eligible participants may access the electronic Diversity Visa entry form (E-DV) to apply during this period. Early entry is recommended and they strongly encourage applicants not to wait until the last week of the registration period to enter!

These green cards are only available to those eligible participants from countries with low rates of immigration to the United States. Please check the “INSTRUCTIONS FOR THE 2016 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2016)” for the complete list of countries/areas whose natives are eligible for DV-2016.

Natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the U.S. in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Also, persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

September 30, 2014

Revised – Updated Service Center Processing Times

by Kellie N. Lego

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 9/19/14 with processing dates as of 7/31/14.

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)