OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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It is that time of year again! The MVP Law Group has already begun accepting and working on H1B cap-subject cases. The U.S. Citizenship and Immigration Services (USCIS) will start accepting H1B cap-subject filings for Fiscal Year 2014 (FY14) on Monday, April 1, 2013. We are advising employers and individuals who are in need of H1B cap-subject filings that it is time to start preparing for the H1B cap.

Many foreign nationals and their employers have asked when they should start working on H1B 2014 cap-subject cases. The cap filings may be filed as of April 1, 2013. It is vital to file on the first day. Last year, FY13, the H-1B CAP was reached by June 12, 2012. Since it is difficult to predict FY14’s outcome, our recommendation is to file as early as permitted under the law. The law allows H1B cases to be filed up to six months before the requested start date for employment. The first allowable date of employment is October 1, 2013, the first day of FY14.

In order to have a case ready to be filed with the USCIS on April 1st, it is necessary to prepare in advance. To facilitate this, as in past years, MVP Law Group begins accepting and preparing these cases months in advance. If there is an employer / employee match, it is best to start early to avoid the last minute rush and panic that inevitably sets in right before April 1st and lasts until the cap is reached.

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Audits are an inherent part of the PERM (Program Electronic Review Management) labor process, which is attestation based. The United States Department of Labor (DOL) has the option to audit any PERM labor case to verify the accuracy of the statements in the PERM Labor Certification (LC) filing and otherwise assess the case. There are two different types of audits. Cases are sometimes selected for audit at random and in other cases, the DOL targets specific case concerns. A recent DOL trend in PERM audits is occurring that requires sworn statements pertaining to the exchange of certain improper payments between the employee (or any other third party) and the employer.

In addition to requests for documentation pertaining to recruitment efforts and related subjects, we have seen an increase in the number of audits where the DOL has begun issuing requests for declarations from the employer and foreign worker regarding details of payment for the labor certification. Under current regulations, all costs related to the PERM labor preparation and filing must be paid by the employer. There are limited exceptions for certain established third-party relationships. The payment-related audits require employers and the foreign worker to sign declarations, under penalty of perjury, stating whether the employer received payments of any kind by the foreign worker or a third party for any activity related to obtaining permanent labor certification.

The audit requests specify that such fees include the employer’s attorney’s fees, advertisement costs, administrative fees, and any other associated costs or fees. The audit further specifies that such payments include wage concessions, kickbacks, bribes or in-kind payments, as well as free labor and/or any other form of payment for services essential to the labor certification process.

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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 – Green Card

Can you premium process the I-140 for an EB1A or EB1-B Applicant?

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The United States Mission to the United Arab Emirates is transitioning to a new appointment service for anyone applying for a non-immigrant visa to the United States. Starting January 6, 2013, applicants will work, online or by phone, with a service provider to schedule an interview, pay the visa application fee, and arrange for the delivery of documents and passports. This new appointment service will also allow applicants to schedule a visa interview with more flexibility and up to six months in advance of travel plans.

Under the new process, applicants can go online and in a few minutes complete the visa application, pay the visa-application fee, schedule an appointment, and arrange to have their passport delivered at the end of the application process to an Empost office anywhere in the UAE. The entire process can be done 24 hours a day from the comfort of home using the online system. During daytime hours, applicants can also get assistance from a live operator call center with services in Arabic, English, and Farsi. The call center can also assist with scheduling an appointment, provided the applicant has already paid the visa application fee. After that, all the applicant must do is attend the scheduled interview at the Embassy or Consulate General.

As part of the transition from the current visa-application process, those seeking interviews in December will see that no appointments are available online after December 31. There will be a brief interim before the transition takes place during which it will not be possible to schedule a visa interview. The new appointment system will debut on January 6, 2013, after which appointments will be available at both the Embassy and Consulate General well into the first six months of 2013.

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This blog entry was originally posted on 7/20/12. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Holidays!

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 – General

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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, January 4, 2013. Act now and submit your questions!

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This blog entry was originally posted on 6/22/12. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Holidays!

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 – H-1B Nonimmigrant Visa

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This blog entry was originally posted on 5/25/12. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Holidays!

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

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This blog entry was originally posted on 4/13/12. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Holidays!

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 – H-1B Nonimmigrant Work Visa

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