Celebrating Constitution Day and Citizenship Day with Naturalization Ceremonies – 9/17/14

September 17, 2014

Constitution Day and Citizenship Day are observed on the same day each year, September 17th. This day is set aside to celebrate the signing of the U.S. Constitution in 1787 and also to observe and recognize the responsibilities of all U.S. citizens!

The U.S. Citizenship and Immigration Services (USCIS) will mark this occasion by holding special naturalization ceremonies across the country starting on September 17th and ending on September 23rd. For a full list of 2014 Constitution Day and Citizenship Day naturalization ceremonies, review the USCIS news release, “Celebrating Constitution Day and Citizenship Day with Naturalization Ceremonies”. You can also follow the actives on @USCIS on Twitter and Facebook.com/USCIS.


Source of Information:

USCIS.gov, 9/15/14, News Release (includes list):
Celebrating Constitution Day and Citizenship Day with Naturalization Ceremonies

USCIS.gov, 9/16/14, News Release:
USCIS to Welcome More Than 27,000 New Citizens During Annual Constitution Day and Citizenship Day Celebration

Administrative Appeals Office (AAO) Processing Times - 9/1/14

September 16, 2014

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of 9/1/14.

If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

Administrative Appeals Office

The processing time for an I-129 H-1B Appeal is current; for an I-129 L1 Appeal is current. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is current; for an I-140 EB3 Appeal for a Skilled or Professional Worker is current.

**Most other cases are within USCIS's processing time goal of 6 months or less.


Source of Information:

USCIS.gov, (9/3/14), AAO Processing Times

AILA InfoNet Doc. No. 14090840 (posted 9/8/14)

President Obama Delays Executive Action on Immigration

September 15, 2014

On Saturday, September 6, 2014, President Obama made the announcement that he would delay executive action on Immigration Reform until after the midterm congressional elections.

In a pre-recorded Interview for NBC’s “Meet the Press,” on Sunday, September 7, 2014 President Obama told NBC's Chuck Todd, that the immigration debate was affected by the large number of unaccompanied children from Latin America coming to the U.S. border.

President Obama stated, “What I'm saying is that I'm going to act because it's the right thing for the country." The President also said, "… it's going to be more sustainable and more effective if the public understands what the facts are on immigration, what we've done on unaccompanied children and why it's necessary."

It is still expected that the President will act on this issue before the end of the year.

For more details, review the articles below.


Source of Information:
CNN.com, 9/7/14/, Article (with Video):
Obama: Waiting will make immigration executive action 'more sustainable'

WashingtonPost.com, 9/6/14, Article:
Obama delays executive immigration action until after midterm elections in November

CNN.com, 9/8/14, Article:
Five reasons Obama's delay on immigration is political

NBCnews.com, 9/7/14, Transcript:
Meet the Press Transcript - September 7, 2014

MVP LAW GROUP – Immigration Q&A Forum, Friday, September 12, 2014

September 12, 2014

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 – Conditional Permanent Resident
How do I get the conditions removed from my Green Card?

Answer #1
USCIS: A conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or you will lose your permanent resident status.

To remove the conditions on a green card based on marriage, you must file Form I-751, Petition to Remove the Conditions of Residence. To remove conditions on a green card for entrepreneurs, you must file Form I-829, Petition by Entrepreneur to Remove Conditions.

For more information, see:
Remove Conditions on Permanent Residence Based on Marriage, or
Remove Conditions on Permanent Residence for Entrepreneurs


Question #2 – H1B Nonimmigrant Work Visa
My H1B was approved through Consular Processing. I am planning to go in November to get my Visa stamp but I want to do it from a different city in India then I used for my approval. Can I change the city without complicating matters?

Answer #2
You may experience significant delays if you schedule an interview at a Consulate that was not identified in your I-129 petition. It is our recommendation that you schedule your interview for the Consulate that was listed in your I-129 petition as to avoid any unnecessary delays.


Question #3 – Lawful Permanent Resident (LPR)
My mother is a Green Card holder and went back to India in 2012. Due to surgery and other health related issues, she was not able to come back to the U.S. within the 2-year period. Her Green Card expired earlier this year. Is there a way to apply to reinstate her Green Card status or do we have to apply for a brand new green card?

Answer #3
Contact the Consulate closest to your home and be prepared to show documentation of the health related issues.


Question # 4 – Adjustment of Status
When should an applicant file or submit an I-485?

Answer #4
If an applicant’s priority date is current and they are in the U.S. and wish to adjust status to permanent resident, they may be eligible to file a I-485 petition with the USCIS. It is recommended that any applicant interested in filing a I-485 petition speak with an experienced Immigration Attorney to discuss their eligibility.


Question #5 – H1B Nonimmigrant Work Visa
I am in the last few months of my H-1B Visa 6 year term. My visa expires in November 2014. My employer filed a Green Card labor application in June 2014. Should I stay out of country for one year to be able to work on H-1B again?

Answer #5
Have you traveled outside of the U.S. for any period of time, or a significant period of time? If so, you may be able to recapture the period of time you spent outside of the U.S. in a request to recapture petition with the USCIS.

It would be advisable for you to speak with an experienced Immigration Attorney to discuss your situation and to evaluate any/all options that may be available to you before you make a decision.


Question #6 – Employment Based Green Card
How many total stages are there in the Green Card process under the EB3 category?

Answer #6
There are three (3) total stages of the Green Card process, unless an applicant is eligible to file the I-140 and I-485 concurrently. First stage is the Labor Certification stage; Second stage is the filing of the I-140, Immigrant Petition for Alien Relative; and the Third and final stage is the filing of the I-485, Application to Adjust Status to Permanent Resident.


Question #7 – Family Based Immigration
I am a US citizen and I have applied for my mother's I-130. It was approved in Aug 2013 and the Priority Date was November 2012. I lost my job and currently a full time student so I do not have any income. My cousin has offered to co-sponsor and would file an affidavit of support for my mother. Should I go ahead and file my affidavit of support?

Answer #7
If you do not have any income to support your mother, then yes, you will be required to either have a co-sponsor, joint sponsors, a household sponsor, etc. in order to move forward with the sponsorship. You should contact our office to discuss the responsibilities involved with signing an affidavit of support.


Question #8 – Employment Based Green Card
Can the petitioner request consideration of multiple visa categories for the I-140 on behalf of an alien beneficiary?

Answer #8
A Petitioner may request consideration for multiple visa categories on behalf of an alien beneficiary, but may only do so by filing separate I-140 petitions.


Question #9 – InfoPass Appointment
Is there anything I should do to prepare for my InfoPass appointment for my I-131?

Answer #9
It depends upon your reason for scheduling an InfoPass appointment. Whatever the reason for your InfoPass appointment, be sure to carry with you adequate documentation to prove your eligibility for what it is that you are requesting.


Question #10 – Employment Based Green Card
My employment based I-140 has been approved. I plan to marry soon in my home country, and I want to file my I-485 soon. How could my marriage impact the I-485 process and could my wife join the I-485 application after the marriage?

Answer #10
What preference category was your I-140 petition filed under? What is your priority date? What country are you from? There is not enough information given to provide an accurate response. When you are eligible to file your I-485 (meaning, when your priority date is current), yes you should be able to include your spouse in the I-485 filing. As always, you should speak with an experienced Immigration Attorney about your case before making any decisions.


MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, September 26, 2014!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!

Visa Bulletin - October 2014

September 11, 2014

The Department of State has released its latest Visa Bulletin.

Click here to view the October 2014 Visa Bulletin

As projected by the U.S. Department of State, the October 2014 Visa Bulletin shows the EB2 date for nationals from India remains at 5/1/09; the EB3 date for nationals from India made a small movement from 11/8/03 to 11/15/03; the EB2 for Chinese Nationals moved from 10/8/09 to 11/15/09; the EB3 for Chinese Nationals moved from 11/1/08 to 4/1/09; and EB3 for WW moved from 4/1/11 to 10/1/11; and the F2A category moved from 1/1/13 to 2/1/13, except Mexico which moved from 4/22/12 to 7/22/12. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).

*The priority date is current if there is no backlog in the category, or if the priority date is on or before the date listed as current in the State Department's monthly Visa Bulletin.

**”All Chargeability Areas except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

USCIS Teleconference – Quarterly EB-5 Stakeholder Engagement – 9/10/14

September 10, 2014

The United States Citizenship and Immigration Services (USCIS) will be holding a stakeholder teleconference on Wednesday, September 10, 2014 between 2:30 to 4pm (EST). The subject of the event will be to discuss the EB-5 Immigrant Investor Program and will include a Q&A session. For more information on this teleconference please review the Meeting Invitation
.
Event Information:

DATE: Wednesday, September 10, 2014
TIME: 2:30 – 4:00 pm (EST)

To register for this session, please follow the steps below:

Visit our registration page to confirm your participation
• Enter your email address and select “Submit”
• Select “Subscriber Preferences”
• Select the “Event Registration” tab
• Be sure to provide your full name and organization
• Complete the questions and select “Submit”
Once your registration is processed, you will receive a confirmation email with additional details.


Source of Information:
USCIS.gov, 9/8/14, National Engagement:
- Quarterly EB-5 Stakeholder Engagement
- Meeting Invitation

Related Links:
USCIS.gov, 7/3/12, Web Page:
EB-5 Immigrant Investor

In 1990, the U.S. Congress created the “EB-5 Immigrant Investor” visa program to stimulate the U.S. economy through job creation and capital investment by foreign investors. All EB-5 investors must invest in a new commercial enterprise within the U.S. The eligibility requirements for who can apply for EB-5 are very specific and can be reviewed on the USCIS website at: EB-5 Immigrant Investor.

Updated Service Center Processing Times

September 9, 2014

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 9/4/14 with processing dates as of 7/31/14.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.


California Service Center (CSC)

National Benefits Center (NBC)

Nebraska Service Center (NSC)

Texas Service Center (TSC)

Vermont Service Center (VSC)

EB-5 Immigrant Investor Program Office (IPO)


**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS (1-800-375-5283).

If you are a client of MVP Law Group and would like our assistance please contact our office.

MVP "Immigration Q & A Forum" - This Friday, September 12, 2014

September 8, 2014

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, September 12, 2014. Act now and submit your questions!

THANK YOU!

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.

Deportation Rally marches from ICE to the White House

September 5, 2014

Hundreds of Immigration activists and protestors marched from the U.S. Immigration and Customs Enforcement (ICE) office building in downtown Washington D.C. to the White House on Thursday, August 28, 2014. The Rally, “National Day to Fight for Families” was organized by CASA de Maryland and CASA de Virginia. Both organizations are dedicated to helping immigrant communities in their region. They called on President Obama to stop deportations of: Workers, Parents, and Children. They strongly believe that stopping the deportation of unaccompanied children from Central America should be a top priority.


Source of Information:

Politico.com, 8/28/14, Photo Gallery:
Deportation rally at the White House

Boston.com, 8/28/14, Article with Video:
Hundreds Protest Obama Deportation Policies at ICE, White House

Washington.cbslocal.com, 8/28/14, Article:
145 Arrested at White House Deportation Protest

The U.S. Department of Labor (DOL) updated FY2014 Statistics (Third Quarter)

September 4, 2014

The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2014 statistics (third quarter) in the form of program factsheets for each of the major immigration programs. These updated FY2014 statistics (third quarter) cover April 2014 through June 2014.

The link to each program factsheet is listed below:

Permanent Labor Certification Program – Select Statistics, FY 2014 (third quarter)

Prevailing Wage Determination Program – Select Statistics, FY 2014 (third quarter)

H-1B Temporary Visa Program – Select Statistics, FY 2014 (third quarter)

H-2A Temporary Agricultural Visa Program – Select Statistics, FY 2014 (third quarter)

H-2B Temporary Non-agricultural Visa Program – Select Statistics, FY 2014 (third quarter)


Source of Information:
OFLC Performance Data

MVP Law Group, P.A. wins AWARD for the “Best Law Firm for Temporary Visas – USA”

September 3, 2014

2014 Global Mobility & Immigration Award Winners Announced!

The online magazine, “Acquisition International” has announced the winners of the, “2014 Global Mobility & Immigration Awards”. I’m proud to announce that for 2014, MVP Law Group, P.A. has won the “Best Law Firm for Temporary Visas – USA”.

Since 2010, Acquisition International Magazine’s annual awards have been celebrating excellence, innovation and performance across the business, legal, financial and investment communities.

Acquisition International is a monthly magazine brought to you by AI Global Media Ltd, a publishing house that has reinvigorated corporate finance news and reporting. As an editorially driven magazine, its topical news articles make it a highly enjoyable read, and this readability ensures that advertisers will benefit greatly from their investment.

MVP Law Group, P.A. winner of the 2014 award for the “Best Law Firm for Temporary Visas – USA”. We are listed on page 41 of the, “2014 Global Mobility & Immigration Awards” listing.


Source of Information:

- Acquisition International Magazine’s Annual Awards

- 2014 Global Mobility & Immigration Awards

BALCA Upholds Denial Due to Lack of Travel Language in NOF

September 2, 2014

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 “Software Quality Engineer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. After the Employer responded, the CO denied certification of the application for violating PERM Regulation 20 CFR 656.17 (f)(4) among other grounds. PERM regulation 656.17 (f)(4) requires that newspaper ads “must indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity.” The Employer’s Notice of Filing and recruitment efforts listed Santa Clara, California ONLY; however, the ETA Form 9089 mentioned Santa Clara, California, and “various unanticipated locations throughout the U.S.”

Even though the Employer sent a reconsideration request to the CO, he delivered a second denial and forwarded the case to BALCA for review. The Employer argued that the position did not necessitate travel and only listed it on the ETA Form to “allow for participation in events outside of the employer’s offices.” They insisted that the travel requirement was optional.

Upon review of this case, BALCA upheld the CO’s denial of labor certification. The Board believed the Employer had clearly violated PERM Regulation 20 CFR 656.17 (f)(4) by not informing US job applicants of the possibility of traveling to various locations. If US applicants knew about the option of various company locations, BALCA thought more potential applicants might have applied for the position.