OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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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 – Naturalization

If my application for naturalization is denied by the USCIS, can I re-apply and how soon?

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The Administrative Appeals Office (AAO) provides an updated ‘processing times’ in table form, with information on FY2020 third quarterly completions; April 2020 to June 2020. These figures indicate the time that it takes from the date the case is received at AAO coming from the Service Center or District Office to completion.

AAO Processing Times were released with processing dates as of 7/6/20. If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

Note: Starting with the January 2017 Administrative Appeals Office (AAO) Processing Times Report, the AAO has changed how it presents processing time data. The AAO will now provide, by form type, the total number of case completions for the fiscal year quarter and the percentage completed within 180 days, cases completed divided by their projected case goal.

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On Friday, August 21, many committee leaders from the House and Senate have sent a bicameral, bipartisan letter to Acting DHS Secretary Wolf and USCIS Deputy Director for Policy Edlow! The Letter requests a delay of the possible USCIS furloughs at least into the beginning of FY2021 and Congress has time to act on new budget funding.

Letter to Acting DHS Secretary Wolf and USCIS Deputy Director for Policy Edlow

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, August 28, 2020. Act now and submit your questions!

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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 “Support Engineer”.

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification directing the Employer to present its recruitment records. In the Notice of Filing (NOF), the Employer lists the position “requires a BA/BS or MA/MS degree or equivalent in Computer Science, Engineering, Physics, Math, Information Systems, Business or related field; Team Manager Positions are available.” The Washington State Workforce Agency (SWA) job order stated “qualifications may include a MA/MS degree or equivalent or a BA/BS degree or equivalent in Computer Science, Engineering, Math, Physics, Information Systems, Business or related field; Multiple positions available.”

The Employer complied with the Audit request and ultimately the CO denied certification of the application. The position communicated in its NOF and SWA did not match the one listed on the Employer’s ETA Form 9089 in violation of PERM Regulation 20 C.F.R. § 656.17 (f)(6). On the Employer’s NOF and SWA, it listed a Master’s degree that surpassed the requirements recorded on the ETA Form.

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The Department of State has released its latest Visa Bulletin.

Click the link to view the September 2020 Visa Bulletin

The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).

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The USCIS has announced that they need more than 500 million dollars to fill a budget gap! They claim that the budget problems were caused by the COVID-19 Pandemic, others say it is a mixture of mismanagement and the Pandemic. USCIS management has notified 13,400 or their 20,000 employees that they will be furlough by the end of the month, August 31st.

Doug Rand, Senior Fellow at the Federation of American Scientists (Immigration Policy) stated, “It’s hard to overstate how bad this would be. USCIS would be operating with a skeleton crew, and our legal immigration system would grind to a halt.”

Review the Forbes News Article, USCIS Staff Furloughs Will Grind Legal Immigration To A Halt for more details!

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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; New Jersey, New Mexico and New York!

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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When former President George W. Bush (43) left office after two terms, one hobby he continued was painting and has become an enjoyed amateur artist. President Bush is releasing a book of 43 portraits of different immigrants that he has painted. This book will be released next March as part of an exhibition on the value of American immigration at the George W. Bush Presidential Center, this exhibit will feature the his original paintings.  Bush stated in the book’s introduction, “My hope is that this book will help focus our collective attention on the positive impacts that immigrants are making on our country,” The book is entitled, “OUT OF MANY, ONE”.

Link to some of former President George W. Bush paintings

Source of Information:

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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

How do I remove the conditions of my permanent residency?

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