Posted On: April 30, 2010

LATEST UPDATE - H-1B FY2011 CAP COUNT

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of April 22, 2010, 16,025 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of April 22, 2010, 6,739 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Stay posted to MVP Law Group for future FY2011 H-1B Cap updates!

Posted On: April 28, 2010

The Badger State – The Political and Economic Power of Immigrants, Latinos and Asians in Wisconsin

As Washington D.C. talks of Comprehensive Immigration Reform (CIR), we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC).

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

Wisconsin – The Badger State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Wisconsin’s 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 the Badger State.

Below, please find the highlights from Wisconsin:
 Immigrants made up 4.5% (or 252,150 people) of Wisconsin’s population in 2007.
 41.2% of immigrants (or 103,921 people) in Wisconsin were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 4.8% (or 268,879 people) and Asians 1.9% (or 106,431 people) of Wisconsinites in 2007.
 The purchasing power of Latinos totaled $5.3 billion and Asian buying power totaled $3.0 billion in Wisconsin in 2008.
 If all unauthorized immigrants were removed from Wisconsin, the state could lose $2.6 billion in expenditures, $1.2 billion in economic output, and approximately 14,579 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Wisconsin and the important role they will play in the state’s political and economic future. For more data on their contributions to the Badger State, view the IPC fact sheet in its entirety.

Immigration Reform will not come until we as a Nation are fully aware of the problems plaguing the current system.

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

Posted On: April 28, 2010

The Old Dominion State – The Political and Economic Power of Immigrants, Latinos and Asians in Virginia

As Washington D.C. talks of Comprehensive Immigration Reform (CIR), we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC).

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

Virginia – The Old Dominion State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Virginia’s 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 the Old Dominion State.

Below, please find the highlights from Virginia:
 Immigrants made up 10.3% (or 794,246 people) of Virginia’ population in 2007.
 43.8% of immigrants in Virginia were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 6.5% and Asians 4.8% of Virginians in 2007.
 The purchasing power of Latinos totaled $13.5 billion and Asian buying power totaled $14.7 billion in Virginia in 2009.
 If all unauthorized immigrants were removed from Virginia, the state could lose $11.2 billion in expenditures, $5.5 billion in economic output, and approximately 62,918 jobs.

For more data on their contributions to the Old Dominion State, view the IPC fact sheet in its entirety.

Immigration Reform will not come until we as a Nation are fully aware of the problems plaguing the current system.

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

Posted On: April 28, 2010

The Beehive State – The Political and Economic Power of Immigrants, Latinos and Asians in Utah

As Washington D.C. talks of Comprehensive Immigration Reform (CIR), we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC).

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

Utah – The Beehive State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Utah’s 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 the Beehive State.

Below, please find the highlights from Utah:
 Immigrants made up 8.2% (or 215,757 people) of Utah’s population in 2007.
 33.2% of immigrants (or 96,401 people) in Utah were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 11.6% (or 306,858 people) and Asians 2.0% (or 52,907 people) of Utahans in 2007.
 The purchasing power of Latinos totaled $5.8 billion and Asian buying power totaled $1.8 billion in Utah in 2008.
 If all unauthorized immigrants were removed from Utah, the state could lose $2.3 billion in expenditures, $1.0 billion in economic output, and approximately 14,219 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Utah and the important role they will play in the state’s political and economic future. For more data on their contributions to the Beehive State, view the IPC fact sheet in its entirety.

Immigration Reform will not come until we as a Nation are fully aware of the problems plaguing the current system.

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

Posted On: April 26, 2010

UPDATED INFORMATION - E-Verify & Federal Contractors

The United States Citizenship and Immigration Service (USCIS) has released FAQs regarding Federal Contractors and the E-Verify program. The FAQs address what the E-Verify program is, how it works, and the reason why Federal Contractors must enroll in the program.

Beginning September 8, 2009, all Federal Contractors and Subcontractors who enter into contracts on and after September 8, 2009 must be enrolled in the online E-Verify work authorization program.

The E-Verify program is a free optional web based employment verification program that verify's employee's employment eligibility by submitting key information from Form I-9 into the online database.

The purpose of the program is to deter unauthorized individuals from attempting to work, while at the same time helping employers to avoid contributing to an unauthorized workforce.

Companies who are awarded a contract on and after September 8, 2009 will have 30 days from the contract award date to enroll in the E-Verify program.

Posted On: April 22, 2010

LATEST UPDATE - H-1B FY2011 CAP COUNT

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of April 15, 2010, 13,600 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of April 15, 2010, 5,800 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Stay posted to MVP Law Group for future FY2011 H-1B Cap updates!

Posted On: April 21, 2010

The Lone Star State – Texas’ Immigrants, Latinos and Asians are a Political and Economic Powerhouse

As Washington D.C. talks of Comprehensive Immigration Reform (CIR), we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC).

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

Texas – The Lone Star State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Texas’ 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 the Lone Star State.

Below, please find the highlights from Texas:
 Immigrants made up 16.0% (or 3,828,904 people) of Texas’ population in 2007.
 30.9% of immigrants (or 1,185,001 people) in Texas were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 36.0% (or 8,605,577 people) and Asians 3.4% (or 812,749 people) of Texans in 2007.
 The purchasing power of Latinos totaled $175.3 billion and Asian buying power totaled $33.5 billion in Texas in 2009.
 If all unauthorized immigrants were removed from Texas, the state could lose $69.3 billion in expenditures, $30.8 billion in economic output, and approximately 403,174 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Texas and the important role they will play in the state’s political and economic future. For more data on their contributions to the Lone Star State, view the IPC fact sheet in its entirety.

Immigration Reform will not come until we as a Nation are fully aware of the problems plaguing the current system.

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

Posted On: April 21, 2010

The Volunteer State – The Political and Economic Power of Immigrants, Latinos and Asians in Tennessee

As Washington D.C. talks of Comprehensive Immigration Reform (CIR), we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC).

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

Tennessee – The Volunteer State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Tennessee’s 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 the Volunteer State.

Below, please find the highlights from Tennessee:
 Immigrants made up 4.1% (or 249,552 people) of Tennessee’s population in 2007.
 31.2% of immigrants (or 77,896 people) in Tennessee were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 3.4% (or 209,328 people) and Asians 1.3% (or 80,037 people) of Tennesseans in 2007.
 The purchasing power of Latinos totaled $4.6 billion and Asian buying power totaled $3.2 billion in Tennessee in 2008.
 If all unauthorized immigrants were removed from Tennessee, the state could lose $3.8 billion in expenditures, $1.7 billion in economic output, and approximately 25,919 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Tennessee and the important role they will play in the state’s political and economic future. For more data on their contributions to the Volunteer State, view the IPC fact sheet in its entirety.

Immigration Reform will not come until we as a Nation are fully aware of the problems plaguing the current system.

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

Posted On: April 21, 2010

The Keystone State – The Political and Economic Power of Immigrants, Latinos and Asians in Pennsylvania

As Washington D.C. talks of Comprehensive Immigration Reform (CIR), we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC).

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

Pennsylvania – The Keystone State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Pennsylvania’s 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 the Keystone State.

Below, please find the highlights from Pennsylvania:
 Immigrants made up 5.4% (or 665,176 people) of Pennsylvania’s population in 2007.
 50.8% of immigrants (or 338,238 people) in Pennsylvania were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 4.5% (or 559,476 people) and Asians 2.4% (or 298,387 people) of Pennsylvanians in 2007.
 The purchasing power of Latinos totaled $11.3 billion and Asian buying power totaled $11.3 billion in Pennsylvania in 2008.
 If all unauthorized immigrants were removed from Pennsylvania, the state could lose $5.3 billion in expenditures, $2.3 billion in economic output, and approximately 27,718 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Pennsylvania and the important role they will play in the state’s political and economic future. For more data on their contributions to the Keystone State, view the IPC fact sheet in its entirety.

Immigration Reform will not come until we as a Nation are fully aware of the problems plaguing the current system.

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

Posted On: April 21, 2010

The Palmetto State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in South Carolina

As Washington D.C. talks of Comprehensive Immigration Reform (CIR), we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC).

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

South Carolina – The Palmetto

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of South Carolina’s 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 the Palmetto State.

Below, please find the highlights from South Carolina:
 Immigrants made up 4.3% (or 190,014 people) of South Carolina’s population in 2007.
 35.1% of immigrants (or 66,603 people) in South Carolina were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 3.8% (or 167,493 people) and Asians 1.2% (or 52,893 people) of South Carolinians in 2007.
 The purchasing power of Latinos totaled $3.3 billion and Asian buying power totaled $1.9 billion in South Carolina in 2008.
 If all unauthorized immigrants were removed from South Carolina, the state could lose $1.8 billion in expenditures, $782.9 million in economic output, and approximately 12,059 jobs.

For more data on their contributions to the Palmetto State, view the IPC fact sheet in its entirety.

Immigration Reform will not come until we as a Nation are fully aware of the problems plaguing the current system.

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

Posted On: April 20, 2010

Updated Service Center Processing Times

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on April 15, 2010 with processing dates as of February 28, 2010.

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
National Benefits Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

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

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

Posted On: April 19, 2010

Updated List of SEVP Approved Schools

The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.

The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

If you need assistance or an explanation of the SEVP, please contact our office to schedule a consultation.

Posted On: April 16, 2010

Administrative Appeals Office Processing Times

The Administrative Appeals Office (AAO) Processing Times were released on April 15, 2010 with processing dates as of April 1, 2010.

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 14 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 24 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 24 months.

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

Posted On: April 15, 2010

BALCA Reverses CO’s denial of Labor Certification – Compliance with Requirements for Employee Referral Program

The Board of Alien Labor Certification Appeals (BALCA) recently reversed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the professional position of “Key Accountant Manager/ICSD."

The employer filed a LC and ETA Form 9089 indicated that one of its recruitment steps was to advertise with its employee referral program from July 26, 2006 to September 30, 2006. The CO issued an Audit Notification letter on December 14, 2006 indicating that the reason prompting the audit was a foreign language requirement. The Employer responded to the Audit Notification with a package of materials. Thereafter the CO issue a denial letter on the sole ground that the Employer had failed to provide documentation of its use of an employee referral program consistent with the regulations. The employer requested reconsideration arguing that the audit notification had not been directed at the employee referral system and that a document explaining the company’s employee referral program was inadvertently omitted from the Recruitment materials. Although the document had been omitted, the employer further argued that it was not an omission in recruitment, which had been completed and reported on a timely basis. The document explaining the program and its incentives was included in the Employer’s Motion for Reconsideration. The CO issued a letter of reconsideration indicating that the Employer had failed to provide evidence of an Employee Referral Program that provided dated copies of the employer notice or memorandum advertising the program; specifically, documenting the incentives that would be offered to the employees.

PERM Regulation 20 C.F.R. § 656.17 (e)(1)(ii)(G) controls and it provides that when an employer files an application for permanent alien labor certification under the basic process for a professional position, the regulations require it to have conducted certain recruitment steps prior to the filing and be prepared to document those steps. One type of recruitment that may be used to support an application is use of an employee referral program with incentives. The way an employer can document this type of recruitment is “by providing dated copies of the employer notices or memoranda advertising the program and specifying the incentives offered”. In the instant case, the Employer’s attorney admitted that it inadvertently omitted the documentation describing the Employer’s employee referral system. However, it is simply not clear whether the CO was affirming the earlier denial based on the Employer’s incomplete audit response, or on the basis that the documentation provided by the Employer with its motion for reconsideration was inadequate under the regulations. Upon review of the entire record, BALCA stated that the Employer was in compliance with the requirements for an employee referral program and met all of the required steps in the PERM process.

Accordingly, the Board reversed the decision of the CO in denying labor certification.

Matter of Clearstream Banking S.A.

Posted On: April 14, 2010

The Buckeye State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Ohio

As Washington D.C. talks of Comprehensive Immigration Reform (CIR), we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC).

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

Ohio – The Buckeye State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Ohio’s 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 the Buckeye State.

Below, please find the highlights from Ohio:
 Immigrants made up 3.7% (or 419,443 people) of Ohio’s population in 2007.
 49.2% of immigrants (or 206,404 people) in Ohio were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 2.5% (or 286,673 people) and Asians 1.6% (or 183,471 people) of Ohioans in 2007.
 The purchasing power of Latinos totaled $6.1 billion and Asian buying power totaled $7.1 billion in Ohio in 2008.
 If all unauthorized immigrants were removed from Ohio, the state could lose $4.0 billion in expenditures, $1.8 billion in economic output, and approximately 25,019 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Ohio and the important role they will play in the state’s political and economic future. For more data on their contributions to the Buckeye State, view the IPC fact sheet in its entirety.

Immigration Reform will not come until we as a Nation are fully aware of the problems plaguing the current system.

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

Posted On: April 14, 2010

The Tar Heel State – The Political and Economic Power of Immigrants, Latinos and Asians in North Carolina

As Washington D.C. talks of Comprehensive Immigration Reform (CIR), we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC).

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

North Carolina – The Tar Heel State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of North Carolina’s 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 the Tar Heel State.

Below, please find the highlights from North Carolina:
 Immigrants made up 7% (or 629,947 people) of North Carolina’s population in 2007.
 28.9% of immigrants (or 182,104 people) in North Carolina were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 7.1% (or 643,333 people) and Asians 1.8% (or 163,099 people) of North Carolinians in 2007.
 The purchasing power of Latinos totaled $11.9 billion and Asian buying power totaled $5.9 billion in North Carolina in 2008.
 If all unauthorized immigrants were removed from North Carolina, the state could lose $14.5 billion in expenditures, $6.4 billion in economic output, and approximately 101,414 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in North Carolina and the important role they will play in the state’s political and economic future. For more data on their contributions to the Tar Heel State, view the IPC fact sheet in its entirety.

Immigration Reform will not come until we as a Nation are fully aware of the problems plaguing the current system.

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

Posted On: April 14, 2010

The Garden State – The Political and Economic Power of Immigrants, Latinos and Asians in New Jersey

As Washington D.C. talks of Comprehensive Immigration Reform (CIR), we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC).

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

New Jersey – The Garden State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of New Jersey’s 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 the Garden State.

Below, please find the highlights from New Jersey:
 Immigrants made up 19.9% (or 1,731,202 people) of New Jersey’s population in 2007.
 51.2% of immigrants (or 886,921 people) in New Jersey were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 15.9% (or 1,381,061 people) and Asians 7.5% (or 651,444 people) of New Jerseyans in 2007.
 The purchasing power of Latinos totaled $35.6 billion and Asian buying power totaled $31.7 billion in New Jersey in 2008.
 If all unauthorized immigrants were removed from New Jersey, the state could lose $24.2 billion in expenditures, $10.7 billion in economic output, and approximately 103,898 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in New Jersey and the important role they will play in the state’s political and economic future. For more data on their contributions to the Garden State, view the IPC fact sheet in its entirety.

Immigration Reform will not come until we as a Nation are fully aware of the problems plaguing the current system.

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

Posted On: April 14, 2010

The Empire State – New York’s Immigrants, Latinos and Asians are a Political and Economic Powerhouse

As Washington D.C. talks of Comprehensive Immigration Reform (CIR), we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC).

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

New York – The Empire State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of New York’s 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 the Empire State.

Below, please find the highlights from New York:
 Immigrants made up 21.8% (or 4,205,813 people) of New York’s population in 2007.
 52.3% of immigrants (or 2,198,838 people) in New York were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 16.4% (or 3,403,870 people) and Asians 6.9% (or 1,331,543 people) of New Yorkers in 2007.
 The purchasing power of Latinos totaled $75.3 billion and Asian buying power totaled $51.4 billion in New York in 2008.
 If all unauthorized immigrants were removed from New York, the state could lose $28.7 billion in expenditures, $12.7 billion in economic output, and approximately 137,013 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in New York and the important role they will play in the state’s political and economic future. For more data on their contributions to the Empire State, view the IPC fact sheet in its entirety.

Immigration Reform will not come until we as a Nation are fully aware of the problems plaguing the current system.

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

Posted On: April 12, 2010

May 2010 Visa Bulletin

The Department of State has released its latest Visa Bulletin.

The May 2010 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

Already applied in EB3, thinking about filing in EB2...if you are eligible, contact MVP Law Group.

Filed in EB3 or EB2 and still waiting...and married to a U.S. Citizen or Permanent Resident?...you may be eligible to file a Family Based Immigrant Petition for faster processing.

Questions, contact MVP Law Group toll free at 1-800-447-0796.

Click here to view the May 2010 Visa Bulletin.

Posted On: April 9, 2010

H-1B FY2011 CAP COUNT

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of April 8, 2010, 13,500 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of April 8, 2010, 5,600 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Stay posted to MVP Law Group for future FY2011 H-1B Cap updates!

Posted On: April 9, 2010

BALCA upholds denial of Labor Certification – Employer Inappropriately Used Wage Range in Recruitment Efforts

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Supervisor, Laundry."

The employer filed a LC which was accepted for processing on October 25, 2005. ETA Form 9089 indicated that the State Workforce Agency (SWA) prevailing wage determination was $19.04 per hour and the foreign alien was being offered a wage of $19.04 per hour. The CO issued an Audit Notification letter requesting documentation of recruitment efforts. The Employer responded by providing a copy of its New York job order listing a range of $18.00 to $19.50 per hour. Thereafter the CO issue a denial letter because the job order listed a wage that was less than the wage offered to the Alien, and that was less than the prevailing wage. The Employer thereafter requested reconsideration arguing that it was their practice to compensate applicants according to their experience – the reason for the range, and that the offer of $19.04 per hour was offered to the Alien and to any American worker. The CO issued a letter of reconsideration establishing that the denial was valid because the low end of the range was less than the prevailing wage determination.

PERM Regulation 20 C.F.R. § 656.17(e) controls and it provides that most sponsoring employers are required to attest to having conducted requirement prior to filing an application for permanent employment certification. Among other requirements, the employer must have placed a job order with the SWA serving the area of intended employment. Furthermore, the employer must attest that the offered wage equals or exceeds the prevailing wage. In the instant case, the job order placed with the SWA states a wage range, the lower end of the wage range being $1.04 less per hour than the SWA’s prevailing wage determination. An employer can use a wage range in its printed recruitment efforts and in its notice of filing; however, the bottom of the range can be no less than the prevailing wage rate. BALCA stated that although the PERM regulations do not expressly state that the SWA job order must not state a wage lower than the PWD, the regulatory requirement that an employer attest to offering at least the prevailing wage and the statutory requirement that an employer pay 100% of the prevailing wage make it clear that the DOL will permit the use of wage ranges in recruitment only when the lower end of the range exceeds the prevailing wage rate.

Accordingly, the Board affirmed the decision of the CO in denying labor certification.

Matter of Marcel Cleaners, Inc.

Posted On: April 7, 2010

The Silver State– Immigrants, Latinos and Asians are a Growing Economic and Political Force in Nevada

As Washington D.C. talks of Comprehensive Immigration Reform (CIR), we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC).

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

Nevada – The Silver State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Nevada’s 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 the Silver State.

Below, please find the highlights from Nevada:
 Immigrants made up 19.4% (or 497,821 people) of Nevada’s population in 2007.
 38.1% of immigrants (or 189,707 people) in Nevada were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 25.1% (or 643,910 people) and Asians 6.1% (or 156,488 people) of Nevadans in 2007.
 If all unauthorized immigrants were removed from Nevada, the state could lose $9.7 billion in expenditures, $4.3 billion in economic output, and approximately 45,533 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Nevada and the important role they will play in the state’s political and economic future. For more data on their contributions to the Silver State, view the IPC fact sheet in its entirety.

Immigration Reform will not come until we as a Nation are fully aware of the problems plaguing the current system.

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

Posted On: April 7, 2010

The Cornhusker State – The Political and Economic Power of Immigrants, Latinos and Asians in Nebraska

As Washington D.C. talks of Comprehensive Immigration Reform (CIR), we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC).

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

Nebraska – The Cornhusker State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Nebraska’s 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 the Cornhusker State.

Below, please find the highlights from Nebraska:
 Immigrants made up 5.6% (or 98,512 people) of Nebraska’s population in 2007.
 37.0% of immigrants (or 36,423 people) in Nebraska were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 7.5% (or 133,093 people) and Asians 1.4% (or 24,844 people) of Nebraskans in 2007.
 The purchasing power of Latinos totaled $2.8 billion and Asian buying power totaled $1.0 billion in Nebraska in 2008.
 If all unauthorized immigrants were removed from Nebraska, the state could lose $852.4 million in expenditures, $378.6 million in economic output, and approximately 5,400 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Nebraska and the important role they will play in the state’s political and economic future. For more data on their contributions to the Cornhusker State, view the IPC fact sheet in its entirety.

Immigration Reform will not come until we as a Nation are fully aware of the problems plaguing the current system.

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

Posted On: April 7, 2010

The North Star State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Minnesota

As Washington D.C. talks of Comprehensive Immigration Reform (CIR), we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC).

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

Minnesota – The North Star State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Minnesota’s 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 the North Star State.

Below, please find the highlights from Minnesota:
 Immigrants made up 6.6% (or 345,001 people) of Minnesota’s population in 2007.
 42.5% of immigrants (or 146,595 people) in Minnesota were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 3.9% (or 202,707 people) and Asians 3.5% (or 181,917 people) of Minnesotans in 2007.
 The purchasing power of Latinos totaled $4.4 billion and Asian buying power totaled $5.3 billion in Minnesota in 2008.
 If all unauthorized immigrants were removed from Minnesota, the state could lose $4.4 billion in expenditures, $2.0 billion in economic output, and approximately 24,299 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Minnesota and the important role they will play in the state’s political and economic future. For more data on their contributions to the North Star State, view the IPC fact sheet in its entirety.

Immigration Reform will not come until we as a Nation are fully aware of the problems plaguing the current system.

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

Posted On: April 7, 2010

The Great Lakes State – The Political and Economic Power of Immigrants, Latinos and Asians in Michigan

As Washington D.C. talks of Comprehensive Immigration Reform (CIR), we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC).

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

Michigan – The Great Lakes State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Michigan’s 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 the Great Lakes State.

Below, please find the highlights from Michigan:
 Immigrants made up 6.1% (or 609,457 people) of Michigan’s population in 2007.
 46.9% of immigrants (or 285,770 people) in Michigan were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 4.0% (or 402,873 people) and Asians 2.4% (or 241,724 people) of Michiganders in 2007.
 The purchasing power of Latinos totaled $8.8 billion and Asian buying power totaled $9.2 billion in Michigan in 2008.
 If all unauthorized immigrants were removed from Michigan, the state could lose $3.8 billion in expenditures, $1.7billion in economic output, and approximately 20,339 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Michigan and the important role they will play in the state’s political and economic future. For more data on their contributions to the Great Lakes State, view the IPC fact sheet in its entirety.

Immigration Reform will not come until we as a Nation are fully aware of the problems plaguing the current system.

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

Posted On: April 6, 2010

Updated List of SEVP Approved Schools

The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.

The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

If you need assistance or an explanation of the SEVP, please contact our office to schedule a consultation.