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Washington’s Birthday (actual date: February 22, 1732), now known as Presidents’ Day, is a federal holiday held on the third Monday of February. This day now honors all the presidents of the United States, including George Washington, the United States’ first president.

“The bosom of America is open to receive not only the Opulent and respectable Stranger, but the oppressed and persecuted of all Nations and Religions; whom we shall welcome to a participation of all our rights and privileges, if by decency and propriety of conduct they appear to merit the enjoyment.”George Washington

Position: Commander-in-Chief of the Continental Army

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 – H-1B Nonimmigrant Work Visa

My employer somehow lost my original I-797 H1 approval notice and I need it to renew my driver’s license and get visa stamping in the future when I travel. Can I get a new approval notice?

USCIS has raised its immigration filing fees effective December 23, 2016. Applications and petitions postmarked or filed on or after December 23, 2016, must include these new fees. Please note that USCIS will reject your submission if the fees are not correct!

New USCIS’ fees effective December 23, 2016

FORM TITLE New Fee($)
G–1041 Genealogy Index Search Request 65
G–1041A Genealogy Records Request (Copy from Microfilm) 65
G–1041A Genealogy Records Request (Copy from Textual Record) 65
I–90 Application to Replace Permanent Resident Card 455
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document 455
I-129/129CW Petition for a Nonimmigrant Worker 460
I-129F Petition for Alien Fiancé(e) 535
I–130 Petition for Alien Relative 535
I–131/I-131A Application for Travel Document 575
I–140 Immigrant Petition for Alien Worker 700
I–191 Application for Advance Permission to Return to Unrelinquished Domicile 930
I–192 Application for Advance Permission to Enter as Nonimmigrant 585/930*
I-193 Application for Waiver of Passport and/or Visa 585
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal 930
I-290B Notice of Appeal or Motion 675
I-360 Petition for Amerasian Widow(er) or Special Immigrant 435
I-485 Application to Register Permanent Residence or Adjust Status 1,140
I-485 Application to Register Permanent Residence or Adjust Status (certain applicants under the age of 14 years) 750
I-526 Immigrant Petition by Alien Entrepreneur 3,675
I-539 Application to Extend/Change Nonimmigrant Status 370
I-600/600A Petition to Classify Orphan as an Immediate Relative/Application for Advance Petition Processing of Orphan Petition 775
I-601 Application for Waiver of Ground of Excludability 930
I-601A Application for Provisional Unlawful Presence Waiver 630
I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended) 930
I-687 Application for Status as a Temporary Resident under Section 245A of the Immigration and Nationality Act 1,130
I-690 Application for Waiver of Grounds of Inadmissibility 715
I-694 Notice of Appeal of Decision 890
I-698 Application to Adjust Status From Temporary to Permanent Resident (Under Section 245A of the INA) 1,670
I-751 Petition to Remove Conditions on Residence 595
I-765 Application for Employment Authorization 410
I-800/800A Petition to Classify Convention Adoptee as an Immediate Relative/Application for Determination of Suitability to Adopt a Child from a Convention Country 775
I-800A Supp. 3 Request for Action on Approved Form I-800A 385
I-817 Application for Family Unity Benefits 600
I-824 Application for Action on an Approved Application or Petition 465
I-829 Petition by Entrepreneur to Remove Conditions 3,750
I-910 Application for Civil Surgeon Designation 785
I-924 Application for Regional Center Designation Under the Immigrant Investor Program 17,795
I-924A Annual Certification of Regional Center 3,035
I-929 Petition for Qualifying Family Member of a U-1 Nonimmigrant 230
N-300 Application to File Declaration of Intention 270
N-336 Request for Hearing on a Decision in Naturalization Proceedings 700
N-400 Application for Naturalization 640
N-470 Application to Preserve Residence for Naturalization Purposes 355
N-565 Application for Replacement Naturalization/Citizenship Document 555
N-600/N-600K Application for Certification of Citizenship/Application for Citizenship and Issuance of Certificate under Section 322 1,170
USCIS Immigrant Fee 220
Biometric Services Fee 85

Note:

* The fee for Form I-192 will remain $585 when filed with and processed by CBP

** Certain forms require Biometric Services Fee, add $85

For further details please review the USCIS News Release, “USCIS Announces Final Rule Adjusting Immigration Benefit Application and Petition Fees“.

Source of Information:
USCIS.gov, 10/24/16, News Release:
USCIS Announces Final Rule Adjusting Immigration Benefit Application and Petition Fees

The Department of State has released its latest Visa Bulletin.

Click here to view the March 2017 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).

USCIS is alerting stakeholders that they will continue to process:

  • Applications and petitions filed for or on behalf of individuals in the United States regardless of their country of origin.
  • Applications and petitions of lawful permanent residents outside the U.S. USCIS also continues to adjudicate applications and petitions for individuals outside the U.S. whose approval does not directly confer travel authorization.

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, February 17, 2017. Act now and submit your questions!

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 “Computer Programmer.”

Upon evaluating an Employer’s Application for Permanent Labor Certification, the CO denied the Labor Application because the Employer ran its recruitment advertising in the Arkansas Democrat Gazette, as he believed it was not the newspaper of general circulation for Bentonville, Arkansas. The company was located in Bentonville, AR and the newspaper was headquartered in Little Rock, AR. He believed that the Arkansas Democrat Gazette would not bring replies from available US workers in the area of intended employment.

The Employer sent a reconsideration request to the CO. In the argument, the Employer declared that “The Arkansas Democrat Gazette is most likely to bring responses from available US workers because it is the most widely circulated newspaper in Bentonville and the most widely circulated Sunday newspaper in all of Arkansas.” They submitted several pieces of evidence to back up their claims including circulation numbers from the Arkansas Democrat Gazette and Mondo Times website. One of these documents stated there is no other newspaper in Bentonville, AR.

U.S. District Court Judge James Robart issued a ruling Friday, effectively halting Trump’s executive order, the so called Travel Ban!

In accordance with U.S. District Court Judge James Robart ruling on Friday, February 3rd, Department of Homeland Security (DHS) has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States.” This includes all actions subject to this Executive Order. DHS will resume normal inspection of travelers under their standard policies and procedures.

The Department of Justice has filed for an emergency stay with the ninth US circuit court of appeals and the court has already heard the case and is expected to rule soon.

The Immigration Policy Center (IPC) has released all fifty states, the District of Columbia and the United States (Overall), for a total of fifty-two updated fact sheets with accompanying info graphics and other details. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

With national immigration policy being discussed as part of Presidential Elections, 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 IPC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Wisconsin, Wyoming & Washington, D.C..

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ economy, labor force and tax base. Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. With the nation working towards economic recovery, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.