On Friday, December 13th, USCIS updated and expanded its policy guidance (PDF) regarding unlawful acts that may prevent an applicant for naturalization to meet the Good Moral Character (GMC) requirements.
Note*: The commission of, or conviction or imprisonment for, an unlawful act, during the statutory period for naturalization, may render an applicant ineligible for naturalization should the act be found to adversely reflect on moral character.
*USCIS
USCIS announce of Friday, December 6, 2019 that they have completed the initial pilot program testing the H-1B electronic registration process which will include a $10 registration fee. This fee is just to register online to be included in the Fiscal Year (FY) 2021 H-1B cap selection. This new H-1B electronic registration process includes those eligible for the advanced degree exemption. The government feels that the new electronic registration process will streamline the application process, reduce paperwork and allow for better data exchange leading to an overall cost savings.
For further details please review the USCIS News Article, “USCIS Announces Implementation of H-1B Electronic Registration Process for Fiscal Year 2021 Cap Season”.
Source of Information:
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
Can I apply for green cards for my in-laws? I am a US Citizen and we are waiting for my spouse’s to get approved?
USCIS has released a new YouTube video documentary entitled, “USCIS and the Legacy of Ellis Island”. This documentary describes the operational history of USCIS at Ellis Island and is told from their employees’ point of view!
Ellis Island operated as the nations’ busiest Immigration inspection station from 1892 until 1954. They processed over 12 million immigrants in its 62 years of operation.
For a more detailed history of Ellis Island view the following:
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, December 13, 2019. Act now and submit your questions!
The Department of Homeland Security (DHS) is proposing using facial-recognition technology at all points of entrance and exit from the United States, including on U.S. citizens. DHS has proposed changing regulations to allow them to do just that. Facial recognition technology matches an image of a person from a photo or video with a still image of them in a database.
Michael Hardin, director of exit/entry policy for DHS, stated that the rule was in the “final stages of clearance.” If the rule is approved, it would have to be published for public comments for a period.
For further details please review the CNN News Article, “Homeland Security wants to use facial recognition on traveling US citizens, too”.
On Wednesday, November 20, 2019, USCIS announced that it has reached the H-2B cap for the first half of fiscal year 2020. November 15, 2019 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before April 1, 2020. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of H-2B workers for the first half FY2020. USCIS continues to accept petitions that are exempt from the congressionally mandated H-2B cap.
The exceptions are listed below:
• Current H-2B workers in the U.S. petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;
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 “MR Clinical Development Leader.”
The CO denied the labor certification without audit stating the alternative requirements for the position were not substantially equivalent to the primary job requirements on the ETA Form 9089. On the form, the Employer mentions as an alternative requirement for this position “any suitable combination of education, training and experience as an MR clinical development leader, MR Applications Production Manager, Clinical Scientist, Radiographer or as a MR Specialist.” However, the Employer lists “Bachelor’s degree in Radiology, Biomedical Engineering, Chemistry or Medical Technology and 60 months of progressively responsible post-bachelor’s experience and some experience with MR equipment, product and/or application development.” The CO believed the “any suitable combination” wording did not specify the minimum acceptable requirement, so he denied the application in violation of PERM Regulation 20 C.F.R. § 656.17(h)(4)(i).
The Employer requested reconsideration of the denial stating the CO misread their answers to the questions on the form. They argued the minimum requirements are substantially the same as the primary requirements listed on the ETA Form. The Employer mentioned PERM regulation 20 C.F.R. § 656.3, “if the employer is willing to accept work experience in lieu of a baccalaureate or higher degree, such work experience…must be stated on the application form.”
On November 15, 2019, USCIS reached the cap limit for the 1st half of Fiscal Year 2020!
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.
The H-2B cap limit for first half of FY 2020 (October 1 – March 31) is 33,000. As of the last count (11/15/19). (Cap Reached for 1st half of FY 2020)
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 – Prevailing Wage
How can I find out the Prevailing Wage on jobs in my county?
H1B Visa Lawyer Blog