The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2014 statistics (third quarter) in the form of program factsheets for each of the major immigration programs. These updated FY2014 statistics (third quarter) cover April 2014 through June 2014.
The link to each program factsheet is listed below:
• Permanent Labor Certification Program – Select Statistics, FY 2014 (third quarter)
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Question #1 – H-1B Nonimmigrant Visa
Can my spouse apply for an H-1B or does she have to apply for an H-4?
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 first half of FY 2014 (October 1 – March 31) is 33,000. As of March 14, 2014, the cap for the 1st half of FY 2014 was reached.
The H-2B cap limit for second half of FY 2014 (April 1 – September 30) is 33,000. As of the last count (6/11/14); 23,489 beneficiaries have been approved and 1,481 are pending for a total of 24,970.
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 “Literary & Media Specialist”.
The CO denied the application stating that the Employer failed to provide sufficient documentation of a radio advertisement. He cited it was in violation of PERM regulation 20 C.F.R. 656.17(e)(1)(ii)(J).
PERM regulation 20 C.F.R. 656.17(e)(1)(ii)(J) expects employers to provide a copy of an advertisement as well as a written confirmation from the radio or television station stating when the ad was aired.
The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2014 statistics (second quarter) in the form of program factsheets for each of the major immigration programs. These updated FY2014 statistics (Second quarter) cover January 2014 through March 2014.
The link to each program factsheet is listed below:
• Permanent Labor Certification Program – Select Statistics, FY 2014 (second quarter)
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 20, 2014. Act now and submit your questions!
The Immigration Advocates Network (IAN), the American Immigration Council (AIC) and the American Immigration Lawyers Association (AILA) launched a new mobile app for your smartphone called, “Pocket DACA.” This app is designed to help undocumented immigrants brought to this country as children understand the Deferred Action for Childhood Arrivals (DACA) process.
Administrative Appeals Office (AAO) Processing Times were released with processing dates as of 6/1/14.
If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.
The Department of State has released its latest Visa Bulletin.
Click here to view the July 2014 Visa Bulletin
As projected by the U.S. Department of State, the July 2014 Visa Bulletin shows the EB2 date for nationals from India moving from 11/15/04 to 9/1/08; movement in EB3 date for nationals from India at 11/1/03; movement in EB2 for Chinese Nationals at 7/1/09; EB3 for Chinese Nationals remains at 10/1/06; and EB3 for WW remains at 4/1/11; and the F2A category remains at 5/1/12,except Mexico at 3/15/11. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).
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 “Battery Engineer.”
The CO denied the application stating that the Employer’s web posting did not identify the job location. He cited it was in violation of PERM regulation 20 C.F.R. 656.17(f). PERM regulation 20 C.F.R. 656.17 (f) requires that an advertisement must indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity.
The Employer requested a review of the CO’s denial stating that the company conducted four additional recruitment steps rather than just the three that are required. In the recruitment process, they posted the position on a job search website, advertised in a local newspaper, advertised through their employee referral program, and posted the job position on their company website.
H1B Visa Lawyer Blog