OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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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 “Computer & Information Systems Manager.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. Once the Employer responded to the Audit, the CO denied certification of the application for failing “to respond to the audit notification within the required time.”

The Employer sent a reconsideration request to the CO. In its argument, the Employer submitted its audit response documentation that included a copy of its job posting from its website with an unreadable handwritten note displaying the dates of posting. In addition, the recruitment report signed by the Company’s President was submitted. In the report, the time frame for the job posting on the employer’s website was listed as November 30 to December 30, 2008.

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On May 3rd, USCIS started a pilot program at the Nebraska Service Center to accept credit card payments using Form G-1450, Authorization for Credit Card Transactions, for U nonimmigrants filing Form I-485, Application to Register Permanent Residence or Adjust Status. This pilot program will be limited to this location at this time.

Please view this USCIS News Alert for more details: USCIS Announces Pilot Program for Credit Card Payments Using Form G-1450 When Filing Form I-485

Source of Information:

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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, June 11, 2021. Act now and submit your questions!

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The USCIS has announced that it has updated it Visitor procedure and policy to consider fully vaccinated persons! Individuals who are fully vaccinated will no longer have to wear a mask. The USCIS News Alert stated, “To be considered fully vaccinated, it must be at least two weeks after receiving a second dose in a two-dose series or at least two weeks after receiving a dose of a single-dose vaccine.”

Please view this USCIS News Alert for more details: USCIS Eases Visitor Restrictions for Fully Vaccinated Individuals

Source of Information:

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On June 1st, President Biden signed a Presidential Proclamation, “A Proclamation on National Immigrant Heritage Month, 2021”, declaring the month of June 2021 as National Immigrant Heritage Month. The first statement of the proclamation states, “America is, always has been, and always will be a Nation of immigrants.” The President and Vice President both acknowledge that historically immigrants have made this Nation stronger.

Source of Information:

Whitehouse.gov, 6/1/21, Presidential Actions:

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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 – Family Based Immigration

I’ve read conflicting information on the internet; can you please clarify for me who is responsible for scheduling the Green Card Interview, my spouse or the Consulate itself?

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The American Immigration Council (AIC) has released all fifty states and the District of Columbia, for a total of fifty-one updated state-by-state fact sheets highlighting immigration data and facts. These fact sheets highlight the demographic and economic impact of Immigrants in each state.

With national immigration policy being discussed, we thought that it would be a good time to provide some statistics on the Immigrant population in the United States as provided by this AIC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Nebraska, Nevada and New Hampshire!

The AIC has compiled research which shows that Immigrants are an essential part of each of these states’ economy, labor force and tax base. As our economy continues to grow, Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. As United States economic continues to grow, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

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The U.S. Departments of Homeland Security (DHS) and the U.S. Department of Labor (DOL) have issued a Joint Rule supplementing H-2B Visa Cap by 22,000. This will affect H-2B temporary nonagricultural guest worker visas for fiscal year (FY) 2021! They are trying to help employers who are likely to suffer irreparable harm without these additional workers during this period. The supplemental H-2B visa allocation will consist of 16,000 visas available only to returning H-2B workers from one of the last three fiscal years, FY 2018 through FY 2020, and 6,000 visas for Northern Triangle countries of Honduras, El Salvador, and Guatemala.

Please view this USCIS News Release for more details: U.S. Departments of Homeland Security and Labor Issue Joint Rule Supplementing H-2B Visa Cap

Source of Information:

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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, May 28, 2021. Act now and submit your questions!

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