H1B Visa Lawyer Blog

September 1, 2014

Celebrating Labor Day!

“The basic bargain of America is that no matter who you are, where you come from or what you look like, if you work hard & play by the rules, you can make it.” — Labor Secretary Tom Perez

The Labor Day holiday in United States is celebrated the first Monday in September. Labor Day was really created by the national labor movements to celebrate the American worker and their achievements, both social and economic! Each of us that work every day, immigrant or citizen, this is our celebration! For more information about the history of Labor Day review the Department of Labor’s (DOL) web page, “History of Labor Day”.

MVP Law Group would like to thank workers worldwide for their contributions to our society!

August 29, 2014

MVP LAW GROUP – Immigration Q&A Forum, Friday, August 29, 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 – General

I recently get a letter of “Notice of Intent to Deny” from USCIS for my I-140 application. What is the difference between the Request for Evidence and Notice of Intent to Deny?

August 28, 2014

China EB-5 “Unavailable” for Remainder of FY2014

by Kellie N. Lego

On Saturday, August 23, 2014, Charles Oppenheim, Chief of the Department of State (DOS) Immigrant Visa Control and Reporting Division announced that as of that date the maximum number of E-B5 visas has been reached for China for FY2014. He made the announcement at the American Immigration Lawyers Association’s (AILA) 2014 EB-5 Conference in Chicago, IL. He stated that all China EB-5 applicants already scheduled for interviews for the rest of August and September still had EB-5 visa numbers allotted to them.

USCIS will continue to accept and process new China EB-5 cases but these cases will be held in the Visa Office’s “Pending Demand” file until October 1, 2014, the beginning of the new Fiscal Year (FY2015). All of China EB-5 cases held in the “Pending Demand” file will be processed under FY2015 limits. Please note that this announcement only affects the China EB-5 category.

Congress created the Immigrant Investor Program (EB-5) in 1990 for job creation and capital investment within the United States by foreign investors.

August 27, 2014

H-2B Cap Count UPDATE – 8/22/14

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 (8/22/14); 25,915 beneficiaries have been approved and 815 are pending for a total of 26,730.

The H-2B cap limit for first half of FY 2015 (October 1 – March 31) is 33,000. As of the last count (8/22/14); 3,031 beneficiaries have been approved and 765 are pending for a total of 3,796.

August 26, 2014

BALCA Upholds Denial of Certification Where Travel Not Mentioned in Ad

by Kellie N. Lego

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Accountants and Auditors.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. Once the Employer responded, the CO denied certification of the application for multiple reasons. First and foremost, the job description listed in its recruitment advertising did not match the one listed on the Employer’s ETA Form 9089 in violation of PERM Regulations 20 C.F.R. § 656.10 and 656.17 (f)(3). These regulations require that an advertisement “provide a description of the vacancy specific enough to apprise a US worker of the job opportunity for which certification is sought.” The CO also cited the employer’s website advertising neglected to mention travel requirements that were listed on its ETA Form 9089. On the Employer’s ETA Form, it specified, “various unanticipated Deloitte locations and client sites nationally.”

The Employer sent a reconsideration request to the CO. In its argument, the Employer stated the U.S. Department of Labor (DOL) made a mistake in its ruling. The CO delivered a second denial and forwarded the case to the BALCA for review.

August 25, 2014

MVP “Immigration Q & A Forum” – This Friday, August 29, 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, August 29, 2014. Act now and submit your questions!

August 22, 2014

Characteristics of Individuals Requesting and Approved for DACA

by Kellie N. Lego

This is a unique statistical report, filled with (8) tables detailing the personal characteristics about Deferred Action for Childhood Arrivals (DACA) applicants and recipients. The U.S. Citizenship and Immigration Services (USCIS) have put together this characteristics data in a way that still protects their individual privacy.

The data is limited to the following characteristics:

• Age groups (broad ranges);

August 21, 2014

DACA Statistics – DACA Quarterly Report FY2014-Q3

by Kellie N. Lego

The USCIS statistics on DACA Initial cases for the third quarter of FY2014, from 4/1/14 to 6/30/14 show a total of 32,558 DACA requests accepted for processing, (N/A) biometric services appointments scheduled, 27,642 requests approved, and 3,685 requests have been denied.

The USCIS statistics on DACA Renewal cases for the third quarter of FY2014, from 4/1/14 to 6/30/14 show a total of 10,068 DACA requests accepted for processing, (N/A) biometric services appointments scheduled, 87 requests approved, and 2 requests have been denied.

This DACA Report includes data for FY2012, FY2013 and FY2014 (YTD). The USCIS statistics on DACA cases from 8/12/12 to 6/30/14 show a cumulative total of 685,544 DACA requests accepted for processing, 667,296 biometric services appointments scheduled, 580,946 requests approved, and 23,883 requests have been denied.

August 20, 2014

USCIS Stakeholder Teleconference – DACA Renewal Process – 8/21/14

by Kellie N. Lego

The United States Citizenship and Immigration Services (USCIS) will be holding a stakeholder teleconference on Thursday, August 21, 2014 between 2:30 to 4pm (EST). The subject of the event will be to discuss the Deferred Action for Childhood Arrivals (DACA) renewal process and will include a Q&A session. When their initial two-year grant of DACA expires, they may request a renewal using the revised USCIS Form I-821D. For more information on this teleconference please review the Meeting Invitation.

Event Information:

DATE: Thursday, August 21, 2014 TIME: 2:30 – 4:00 pm (EST)

August 19, 2014

H-2B Cap Count UPDATE – 8/8/14

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 (8/8/14); 25,442 beneficiaries have been approved and 1,235 are pending for a total of 26,677.

The H-2B cap limit for first half of FY 2015 (October 1 – March 31) is 33,000. As of the last count (8/8/14); 1,312 beneficiaries have been approved and 950 are pending for a total of 2,262.