H1B Visa Lawyer Blog

June 9, 2014

H-2B Cap Count UPDATE – 5/30/14

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 (5/30/14); 22,737 beneficiaries have been approved and 1,967 are pending for a total of 24,704.

June 6, 2014

MVP LAW GROUP – Immigration Q&A Forum, Friday, June 6, 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 – Employment Based Green Card

I am currently working on EAD since 2007 and had filed my 485 in 2007 under EB3 category. I have being renewing my EAD every 2 years since 2007. My PD is May 2004. I got married to a US Citizen in 2012 and filed my I130 (along with copies of my EAD, pending 485, ETC) in June 2013. I got an email in Dec 2013 that the case was transferred to Nebraska Service Center and then in Feb 2014 the Nebraska office informed me that the case was transferred to NVC along with a receipt# starting with ANK. I then got an email earlier this month April 2014 about filing CHOICE OF ADDRESS AND AGENT (DS-261), Affidavit of Support (AOS) Fees, IV Application Processing Fees and IV AND ALIEN REGISTRATION (DS-260). My question is why are they asking for all this information when I already have a pending 485 for the last 7 years or so? Plus what is the time frame for NVC to approve all this paperwork?

June 5, 2014

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 6/3/14 with processing dates as of 4/30/14.

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)

June 4, 2014

Availability of Visa Numbers for EB-3 China – June 2014 Visa Bulletin

by Kellie N. Lego

The U.S. Department of State (DOS) has confirmed with the American Immigration Lawyers Association (AILA) that they have stopped authorizing visa numbers for the EB-3 preference category for nationals of China as of 05/09/14. The reason for stopping is that the EB-3 China cutoff date retrogressed from 10/01/2012 in the May 2014 Visa Bulletin, to 10/01/2006 in the June 2014 Visa Bulletin. Retrogression typically occurs toward the end of the fiscal year as visa issuance approaches the annual category, or per-country limitations. Sometimes a priority date that meets the cut-off date one month will not meet the cut-off date the next month. When the new fiscal year begins on October 1, a new supply of visas is made available and usually, but not always, returns the dates to where they were before retrogression.

Any of the cases that USCIS has already requested a visa number for, but have not been authorized by the DOS (i.e., assigned an available visa number) will be considered pending until the priority date becomes current. These pending cases will be automatically authorized when the China EB-3 cut-off date advances beyond the applicant’s priority date. At that point, USCIS will be able to adjudicate the case.

The DOS Visa Bulletin summarizes the availability of immigrant visas on a monthly basis.

June 3, 2014

BALCA Reaffirms Zero Tolerance for Failing to Submit “Required Documentation”

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 “Senior Commissioning Engineer.”

After obtaining & examining an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification ordering the Employer to submit “a copy of the Prevailing Wage Determination received from the State Workforce Agency (SWA), along with a copy of the request for the determination submitted to the SWA.” The Employer responded to the Audit but did not include the SWA prevailing wage determination or a copy of the request.

The CO denied labor certification citing the Employer’s failure to provide the prevailing wage determination as issued by the SWA. He cited PERM regulation 20 CFR 656.20(b) as the source of his denial. PERM regulation 20 CFR 656.20(b) provides “a substantial failure by the employer to provide required documentation will result in that application being denied…”

June 2, 2014

MVP “Immigration Q & A Forum” – This Friday, June 6, 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, June 6, 2014. Act now and submit your questions!

May 30, 2014

Obama – Delay Results of Immigration Deportation Review by DHS

by Kellie N. Lego

President Obama has reportedly told the Secretary of the Department of Homeland Security (DHS), Jeh Johnson to continue the review of his department’s deportation policies! The President has instructed him to delay the release of the report until after Congress takes its August recess. The White House is concerned that the Republican controlled House would not act on any Immigration Reform legislation if the President tries to act on his own, using his Executive Authority. At least it looks like Immigration Reform still has a chance in this Congress or at least a compromised version.

For more detailed information, review the news articles linked below.

Source of Information:

May 29, 2014

Asylum in the United States

by Kellie N. Lego

Each year, people from all over the world come to the United States in search of protection because they have experienced oppression or fear that they will suffer oppression due to religion, race, nationality, political opinion or membership in a social group.

There is no limit placed on the number of immigrants who can receive asylum in the US. Anyone can apply for asylum regardless of their immigration status. However, he/she must ask for asylum at their port of entry or apply within one year of coming to the United States.

In order to apply, one must file an I-589 form with the United States Citizenship and Immigration Service (USCIS). A case is conducted, including taking biometrics, as well as an interview with an Asylum Officer. In some cases, the officer will refer this case to a hearing with an Immigration Judge. During the hearing, applicants must present physical evidence, provide witnesses and document conditions in their home country to prove they were persecuted at home or would be if they went back. The Immigration Judge will make the decision whether or not to grant asylum. Once asylum is granted, the person(s) can live and work in the United States for the remainder of their lives. After one year of being in “Asylee Status,” he/she can submit an application for a Green Card and ultimately United States citizenship.

May 28, 2014

H-2B Cap Count UPDATE – 5/16/14

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 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 (5/16/14); 21,540 beneficiaries have been approved and 2,917 are pending for a total of 24,457.

May 27, 2014

BALCA Finds CO’s Claim that ETA 9089 was Incomplete Untenable

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 “Computer Software Engineer.”

The CO denied the application stating that the Labor application is incomplete and inconsistent with the submitted information from the employer and the applicant. On the Labor application, the Employer’s physical address is listed as Martinsburg, West Virginia but their phone number’s area code is Arlington, Virginia. The applicant’s home address is listed in Martinsburg, West Virginia but his phone number’s area code -571 is representative of Leesburg, Virginia. As additional proof, the CO declared the Employer had signed in Section N, of the LCA, that the information submitted was “true and accurate to the best of its knowledge.”

Perm regulations require an employer seeking to apply for permanent labor to file an ETA Form 9089.20 C.F.R. & 656.17(a). These regulations state that any incomplete applications will be denied.