OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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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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USCIS has raised its immigration filing fees effective October 2, 2020. Applications and petitions postmarked or filed on or after October 2, 2020, must include these new fees. Please note that USCIS will reject your submission if the fees are not correct!

New USCIS’ fees effective October 2, 2020:

Immigration Benefit Request Current Fee Final Fee Change ($) Change (%)
I-90 Application to Replace Permanent Resident Card (online filing) $455 $405 ($50) -11
I-90 Application to Replace Permanent Resident Card (paper filing) $455 $415 ($40) -9
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $445 $485 $40 9
I-129 Petition for a Nonimmigrant worker $460 N/A N/A N/A
I-129CW, I-129E&TN, and I-129MISC $460 $695 $235 51
I-129H1 $460 $555 $95 21
I-129H2A – Named Beneficiaries $460 $850 $390 85
I-129H2B – Named Beneficiaries $460 $715 $255 55
I-129L $460 $805 $345 75
I-129O $460 $705 $245 53
I-129H2A – Unnamed Beneficiaries $460 $415 ($45) -10
I-129H2B – Unnamed Beneficiaries $460 $385 ($75) -16
I-129F Petition for Alien Fiancé(e) $535 $510 ($25) -5
I-130 Petition for Alien Relative (online filing) $535 $550 $15 3
I-130 Petition for Alien Relative (paper filing) $535 $560 $25 5
I-131 Application for Travel Document $575 $590 $15 3
I-131 Refugee Travel Document for an individual age 16 or older $135 $145 $10 7
I-131 Refugee Travel Document for a child under the age of 16 $105 $115 $10 10
I-131A Application for Travel Document (Carrier Documentation) $575 $1,010 $435 76
I-140 Immigrant Petition for Alien Worker $700 $555 ($145) -21
I-191 Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA) $930 $790 ($140) -15
I-192 Application for Advance Permission to Enter as Nonimmigrant (CBP) $585 $1,400 $815 139
I-192 Application for Advance Permission to Enter as Nonimmigrant (USCIS) $930 $1,400 $470 51
I-193 Application for Waiver of Passport and/or Visa $585 $2,790 $2,205 377
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal $930 $1,050 $120 13
I-290B Notice of Appeal or Motion $675 $700 $25 4
I-360 Petition for Amerasian, Widow(er), or Special Immigrant $435 $450 $15 3
I-485 Application to Register Permanent Residence $1,140 $1,130 ($10) -1
I-485 Application to Adjust Status $750 $1,130 $380 51
I-526 Immigrant Petition by Alien Investor $3,675 $4,010 $335 9
I-539 Application to Extend/Change Nonimmigrant Status (online filing) $370 $390 $20 5
I-539 Application to Extend/Change Nonimmigrant Status (paper filing) $370 $400 $30 8
I-589 Application for Asylum and for Withholding of Removal $0 $50 $50 N/A
I-600/600A Adoption Petitions and Applications $775 $805 $30 4
I-600A Supplement 3 Request for Action on Approved Form I-600A N/A $400 N/A N/A
I-601 Application for Waiver of Ground of Excludability $930 $1,010 $80 9
I-601A Provisional Unlawful Presence Waiver $630 $960 $330 52
I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended) $930 $515 ($415) -45
I-687 Application for Status as a Temporary Resident $1,130 $1,130 $0 0
I-690 Application for Waiver of Grounds of Inadmissibility $715 $765 $50 7
I-694 Notice of Appeal of Decision $890 $715 ($175) -20
I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA) $1,670 $1,615 ($55) -3
I-751 Petition to Remove Conditions on Residence $595 $760 $165 28
I-765 Application for Employment Authorization (Non-DACA) $410 $550 $140 34
I-765 Application for Employment Authorization (DACA only) $410 $410 $0 0
I-800/800A Adoption Petitions and Applications $775 $805 $30 4
I-800A Supplement 3 Request for Action on Approved Form I-800A $385 $400 $15 4
I-817 Application for Family Unity Benefits $600 $590 ($10) -2
I-824 Application for Action on an Approved Application or Petition $465 $495 $30 6
I-829 Petition by Investor to Remove Conditions $3,750 $3,900 $150 4
I-881 Application for Suspension of Deportation $285 $1,810 $1,525 535
I-881 Application for Special Rule Cancellation of Removal $570 $1,810 $1,240 218
I-910 Application for Civil Surgeon Designation $785 $635 ($150) -19
I-924 Application For Regional Center Designation Under the Immigrant Investor Program $17,795 $17,795 $0 0
I-924A Annual Certification of Regional Center $3,035 $4,465 $1,430 47
I-929 Petition for Qualifying Family Member of a U-1 Nonimmigran $230 $1,485 $1,255 546
N-300 Application to File Declaration of Intention $270 $1,305 $1,035 383
N-336 Request for Hearing on a Decision in Naturalization Proceedings (online filing) $700 $1,725 $1,025 146
N-336 Request for Hearing on a Decision in Naturalization Proceedings (paper filing) $700 $1,735 $1,035 148
N-400 Application for Naturalization (online filing) $640 $1,160 $520 81
N-400 Application for Naturalization (paper filing) $640 $1,170 $530 83
N-400 Application for Naturalization (paper filing) $320 $1,170 $850 266
N-470 Application to Preserve Residence for Naturalization Purposes $355 $1,585 $1,230 346
N-565 Application for Replacement Naturalization/Citizenship Document (online filing) $555 $535 ($20) -4
N-565 Application for Replacement Naturalization/Citizenship Document (paper filing) $555 $545 ($10) -2
N-600 Application for Certificate of Citizenship (online filing) $1,170 $990 ($180) -15
N-600 Application for Certificate of Citizenship (paper filing) $1,170 $1,000 ($170) -15
N-600K Application for Citizenship and Issuance of Certificate (online filing) $1,170 $935 ($235) -20
N-600K Application for Citizenship and Issuance of Certificate (paper filing) $1,170 $945 ($225) -19
USCIS Immigrant Fee $220 $190 ($30) -14
Biometric Services (Non-DACA) $85 $30 ($55) -65
Biometric Services (DACA only) $85 $85 $0 0
G-1041 Genealogy Index Search Request (online filing) $65 $160 $95 146
G-1041 Genealogy Index Search Request (paper filing) $65 $170 $105 162
G-1041A Genealogy Records Request (online filing) $65 $255 $190 292
G-1041A Genealogy Records Request (paper filing) $65 $265 $200 308

Source of Information:

USCIS, 7/31/20, News Release:

USCIS Adjusts Fees to Help Meet Operational Needs

 

DHS Final Rule (PDF)

 

 

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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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MVP “Immigration Q & A Forum” – This Friday, August 14, 2020

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.

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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 several “Software Engineer” positions.

Upon evaluating an Employer’s Application for Permanent Labor Certification, the CO ordered the Employer to present copies of its recruitment data.

After reviewing the recruitment data, the CO denied the Labor Application because he believed it violated PERM regulations 20 CFR 656.10 (d)(4) and 656.17(f)(6). The CO stated the Employer’s Notice of Filing (NOF) and other recruitment materials included a travel requirement not listed on the Employer’s ETA Form 9089.

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