OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

Senator Marco Rubio, one of the republican members of the Gang of Eight requested that the U.S. Social Security Administration, Office of the Chief Actuary study the effects of the proposed immigration reform legislation, S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Reform Act on this country’s Social Security system. An actuary is a statistician who calculates the possible financial impact of financial proposals. You can read the resulting analysis in a letter from the Chief Actuary to Senator Rubio in the link below. The letter includes an accompanying table which shows the findings in further detail.

The Chief Actuary’s analysis projects that by 2024 that the proposed immigration reform act would create 3.22 million jobs and increase the Gross Domestic Product (GDP) by 1.63 percent. He stated in the closing that, “Overall, we anticipate that the net effect of this bill on the long range OASDI actuarial balance will be positive.” OASDI stands for old age, survivor and disability insurance, which is commonly referred to as Social Security.

Source of Information:

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Question #1

If I am working in the US with an H-1B Visa, can I obtain a driver’s license right away? What do I need to show them at the Motor Vehicle place?

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 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.

The U.S. Department of Homeland Security has updated Form I-9. Please see below for a review of all of the new revisions to Form I-9, Employment Eligibility Verification.

Section 1 – Employee Information and Attestation

1. Employees must complete and sign Section 1 of Form I-9 no later than the 1st day of employment

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 10, 2013. Act now and submit your questions!

As of May 1st, the results of the 2014 Diversity Visa Lottery (DV-2014) are now available. If you applied for the DV-2014 lottery, you can now check your status online. You must check online, no confirmation emails will be sent by the Department of State (DOS) or anyone else. The Entrant Status Check for DV-2014 applicants will remain open until September 30, 2013. Each year, the United States government issues a maximum of 50,000 green cards through this computer-generated random lottery drawing.

SCAM Alert: Learn how to spot and report Diversity Visa lottery scams.

Source of Information:

With so many different stories about Immigration Reform being published, I appreciated this news article written for the New York Times: “Q. and A.: The Senate Immigration Bill“. The main reason I like this article is because it includes real questions from the public. Julia Preston, the national immigration correspondent for The New York Times invited readers to send in Immigration Reform related questions. The answers are her responses to ten selected questions. With the proposed Immigration Reform bill being 844 pages it is hard to pin point the issues that interest the public the most. We know what interests most politicians; you can read it every day in press releases and articles. This is in no way a statistical cross-section but I find it thought-provoking and I hope you do too. I think it also shows the true story of immigration is very personal.

Source of Information:

nytimes.com (4/22/13) article:

The U.S. Department of State, Bureau of Consular Affairs has released updated factsheets containing FY2012 selected immigrant and nonimmigrant visa statistics. These factsheets contain vision representations of the data by using graphs and tables, which makes them much easier to read and understand. I have provided the links to the six updated factsheets below for your review.

Immigrant Visas Issued at Foreign Service Posts by Country of Birth/Chargeability (FY 2012)

Immigrant Visa Issuances at Top Posts (FY 2012)

These USCIS statistics on DACA cases from 8/15/12 to 3/31/13 show a total of 472,004 DACA requests accepted for processing, 456,843 biometric services appointments scheduled, and 268,361 requests approved.

The data also shows the number of accepted and approved requests from the top countries of origin and the top states of residence. Mexico was the top county of origin with 354,002 received to date and 209,978 approved. California was the top state of residence with 134,167 received to date and 73,104 approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (April, 2013)”

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