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Question #1

Can I apply for a spousal visa, if I am getting married to a green card holder & am currently in H-1B visa status?

Immigration Policy Center Releases Updated State-by-State Fact Sheets!

The Immigration Policy Center (IPC) has released the first twenty updated state-by-state fact sheets with accompanying info graphics. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

As Washington D.C. debates Comprehensive Immigration Reform, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by this IPC research. Once a week we will be posting a blog with information on four states at a time. This week we will highlight; Delaware, Florida, Hawaii and Illinois.

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 “Producer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. It required the Employer to show proof of the State Workforce Agency’s (SWA) job order as well as all resumes received in connection with the position. The Employer responded and the CO continued to review the application.

The CO denied the application based on two different PERM regulations. PERM regulation 20 C.F.R. 656.17 (e)(1)(i) requires that “two print advertisements are mandatory for all applications involving professional occupations.” These advertisements must run on two different Sundays in the area of intended employment. The Employer placed the ad for the Producer position in the Wall Street Journal (WSJ), which does not qualify as a professional journal, and could not be used in lieu of the mandatory Sunday advertisements as required by the PERM regulations, because the ad was not run on a Sunday. Furthermore, the CO indicated in his denial that the employee did not meet the minimum requirements of the position. He cited PERM regulation 20 C.F.R. 656.17(i)(1).

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 24, 2013. Act now and submit your questions!

Immigration Policy Center Releases Updated State-by-State Fact Sheets!

The Immigration Policy Center (IPC) has released the first twenty updated state-by-state fact sheets with accompanying info graphics. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

As Washington D.C. debates Comprehensive Immigration Reform, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by this IPC research. Once a week we will be posting a blog with information on four states at a time. This week we will highlight; Alabama, Arizona, California and Connecticut.

On May 13th, the Governor of California, Jerry Brown (D) wrote a letter to Senator Dianne Feinstein (D) supporting the Senator’s work on immigration reform. Senator Feinstein is a senior member of the Senate’s Judiciary Committee, which is working on the proposed immigration reform legislation, S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Reform Act (Comprehensive Immigration Reform). In his letter, the Governor stated, “California is home to over 10 million immigrants, greater number than the whole population of Georgia or Michigan.” He pointed out that, “From the engineers and programmers working in Silicon Valley on H-1B visas, to the 2.9 million undocumented workers toiling mostly in the service and agricultural industries, the contributions of foreign-born Californians are fundamental to the state’s economy.”

In the letter, the Governor makes some interesting points about the need for reform. He goes further and states, “The future of all Californians depends upon the success of immigrants…” He feels that, “In order to avoid dire consequences for our state, comprehensive immigration reform must occur this year…”

MVP Law Group finds it notable that the Governor of the largest populated state in our country used the word, “dire” to describe the consequences for his state if our national immigration system is not reformed. I would like to note that California is the largest producer of agricultural products in the United States and the home of Silicon Valley.

Senator Marco Rubio, one of the republican members of the Gang of Eight is asking the public to “Help Us Improve the Bill“. His senate web site includes a page requesting citizens to make comments on the proposed immigration reform legislation, S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Reform Act (Comprehensive Immigration Reform). This proposed bill is still in committee, so it is a great time to submit your comments.

Senator Rubio included a video that summarizes his views on immigration reform. The video points out why he thinks this legislation is so important to his constituents and overall, the America people. He states, “…I want to invite you to share your thoughts and submit your ideas below, on ways we can improve it (Comprehensive Immigration Reform).”

MVP Law Group would encourage anyone interested in the proposed immigration reform legislation to take a few minutes and provide comments and ideas on the Senator’s web page.

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