The Department of State has released its latest Visa Bulletin.
Click here to view the June 2014 Visa Bulletin
As projected by the U.S. Department of State, the June 2014 Visa Bulletin shows the EB2 date for nationals from India remains at 11/15/04; movement in EB3 date for nationals from India at 10/15/03; movement in EB2 for Chinese Nationals at 5/22/09; EB3 for Chinese Nationals retrogressed from 10/1/12 to 10/1/06; and EB3 for WW retrogressed from 10/1/12 to 4/1/11.
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Question #1 – H-1B Nonimmigrant Visa
Now that the H-1B Cap for FY 2015 been reached and USCIS said they issued all receipts as of May 2, when we will expect to hear which cases have been accepted?
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for the position of “Latin American Refining Prospect Director.”
An Audit Notification was issued by the CO to the Employer requesting them to submit its recruitment documentation. A response to the request was submitted by the Employer. The Employer stated that it conducted three additional steps in its recruitment process, including listing the job opportunity with a private employment firm. In the response, they explained they were unable to find applicants and received zero resumes that met the minimum qualifications for the position. The job requirements were a Master’s Degree in Business Administration or Chemical Engineering and 10 years of experience in the position or a managerial/executive position in the petroleum/refining industry. In its response, the Employer also submitted a copy of the Recruiting Firms’ advertisement. The ad included an extensive job description, educational & experience requirements as well as the location of the job opportunity. However, the advertisement did not mention the company by name.
The CO stood by his original decision citing the Employer failed to provide adequate documentation of its recruitment through the Recruiting Firm. In addition, the recruiting firm failed to identify the name of the Employer in its advertisements. The CO cited 20 C.F.R. & 656.10(c). It provides “the employer to attest that the job opportunity has been and is clearly open to U.S. workers.” In addition, the CO listed 20 C.F.R. & 656.17(f) (1) for the regulatory bases for denial. It “requires that advertisements name the employer.”
On Saturday, April 26, 2014, the American Immigration Lawyers Association (AILA) sponsored “Citizenship Day 2014”. “Citizenship Day 2014” was a one day workshop held at more than 50 sites across the United States. The workshop provided free or low cost legal assistance to income qualified Lawful Permanent Residents (LPR) who are eligible and would like to become naturalized U.S. citizens.
A Lawful Permanent Resident (LPR) is any person not a citizen of the United States who is residing the in the U.S. legally as an immigrant, often called a “Green Card Holder”.
MVP Law Group’s Managing Attorney, Kellie Lego served as Site Coordinator for the Chinese Community Church in Washington, DC. This was the first year in which AILA partnered with the DC Mayor’s Office on Asian and Pacific Islander Affairs and the Chinese Community Center to host the workshop at the CCC. Kellie also served as a member of the AILA Citizenship Day Committee for the DC Chapter of AILA. On this committee, she fulfilled the role of Volunteer Coordinator for all of the nine (9) different workshop sites across the DMV – District of Columbia, Maryland and Virginia.
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 5/1/14 with processing dates as of 3/31/14.
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.
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, May 9, 2014. Act now and submit your questions!
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 “Marketing Manager.”
Upon evaluating an Employer’s Application for Permanent Labor Certification, the CO ordered the Employer to present copies of its recruitment efforts. The Employer provided a copy of its notice of filing, job order with the Washington State Workforce Agency (SWA), as well as newspaper ads placed in the Seattle Times. In addition, they submitted a copy of the company’s recruitment report.
After reviewing the recruitment data, the CO denied Certification because he believed it violated PERM regulation 20 CFR 656.17(f)(6), which provides that additional language not found on the ETA Form 9089 exceeds the job requirements for the position. The CO stated the Employer’s Notice of Filing (NOF), SWA job order, newspaper advertisements and web advertisements all listed “may require employer-reimbursed travel.” The phrase was not listed on the Employer’s 9089 form.
As of May 5, 2014, the U.S. Citizenship and Immigration Services (USCIS) will ONLY ACCEPT the most recent version of Form N-400, Application for Naturalization (edition date 9/13/2013). All previous versions of Form N-400 will be rejected and returned if received after Sunday, May 4, 2014. Remember that you can find the edition date at the bottom of the form. The most recent version of Form N-400 consists of 21 pages.
For more information about becoming a Naturalization U.S. citizen, please review the USCIS web page, “A Guide to Naturalization“.
Source of Information:
The U.S. Department of Justice (DOJ), Executive Office for Immigration Review (EOIR) has released the Statistical Chart, “Asylum Statistics” for FY2009-2013 as part of “Frequently Requested FOIA* Records”. This statistical chart is made up of six tables. The first table is a summary by fiscal year and the other five tables are for each fiscal year listed individually by nationality. Each of these tables’ lists six statistical headings for each table; Received, Granted, Denied, Abandoned, Withdrawn and Other. Please review the link to the Chart, “Asylum Statistics” listed below for the details.
Every year people come to the United States seeking Asylum protection because they have suffered persecution or fear that they will suffer persecution on account of: Race, Religion, Nationality, Membership and/ or Political View. Asylum is the protection provided under our existing immigration laws. For more details please review the USCIS’s web page on Asylum.
The mission of the Executive Office for Immigration Review (EOIR) is to judge immigration cases. EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings.
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 (4/18/14); 17,969 beneficiaries have been approved and 3,078 are pending for a total of 21,047.
H1B Visa Lawyer Blog