The purpose of the partnership initiative is to strengthen immigrant integration efforts in Los Angeles through proactive citizenship awareness, education and outreach activities. The partnership has planned a series of informational sessions as well as other activities for Los Angeles residents where USCIS educational materials highlighting the benefits and process of U.S. Citizenship will be available at city facilities.
Mayor Villaraigosa provided that “this outreach campaign is a model of cooperation and civic empowerment that will help enrich America’s continued success as a nation of immigrants.”
Read the entire article
]]>The employer filed a LC which was accepted for processing on June 5, 2006. On September 20th, the CO denied the application because several required selections on the form had not been made by the Employer. The Employer thereafter requested reconsideration at the end of October. In its request for reconsideration, the Employer’s attorney provided responses to the omissions and believed that the request for reconsideration was to determine that the 30 day deadline had not elapsed. The Employer argued that each of the omissions was not material to the adjudication of the application as other information provided within the form answered the essential questions posed by the form. The Employer clearly stated in the motion for reconsideration that it was providing reasons for omissions in the event that the CO accepted the motion despite its lack of timeliness. Thereafter the CO accepted the Employer’s explanations for several of the selections, but found that the denial was valid because the Employer still did not provide information on what should be completed for the omitted selections. On appeal, the CO moved to dismiss the appeal on the ground that it was not timely. The Employer thereafter filed a response opposing the CO’s motion to dismiss.
PERM Regulation 20 C.F.R. § 656.17(a) controls and it requires that an employer who desires to apply for a labor certification on behalf of an alien must file a completed Department of Labor (DOL) Application for Permanent Employment Certification (ETA Form 9089). The regulation goes on to provide that incomplete applications will be denied. In the instant case, the Board found that the CO waived the issue of timeliness and made their decision based upon the materiality of the omissions. The Board recognized that some omissions may not be material to the review of the substance of an application and stated that the Employer made reasonable arguments as to why, in context, the omissions all were not material; however, the CO proffered no explanation for why the omissions prevented a complete review of the application.
Accordingly, the Board declined to affirm the decision of the CO in denying labor certification and returned the matter to the CO for the issuance of a labor certification.
]]>As a result of the order, the organizations must refrain from providing immigration services and from soliciting new clients. To help handle the organizations’ existing clients and to protect innocent victims, the Office of the AG and several New York legal associations have made a plan to coordinate their efforts.
The Attorney General filed a lawsuit against these organizations alleging that they have been defrauding immigrants with false promises of citizenship, engaging in the unauthorized practice of law, and illegally charging exorbitant fees for services.
It has become apparent that Attorney General Cuomo is cracking down on fraudulent and unauthorized immigration-related services in New York. In the past few months, the Attorney General shut down four businesses for providing legal services to thousands of immigrants without being licensed to do so.
To read more…
If you have been a victim of immigration assistance fraud, please contact the Attorney General’s Immigration Services Fraud Unit Hotline at (866) 390-2992 or visit www.ag.ny.gov.
The United States Citizenship and Immigration Service (USCIS) has published a brochure titled: “Don’t Be a Victim of Immigration Fraud,” which provides basic information on how to protect yourself and avoid becoming a victim.
]]>Until March 4, 2010, the USCIS Service Centers will continue to accept H-1B petitions filed without certified LCAs. However, the only H-1B petitions that will be accepted are those that have been filed at least seven (7) calendar days after the LCAs were filed with the Department of Labor (DOL). The only acceptable proof of the submission of the LCA for certification with the DOL is a copy of the DOL’s email giving notice of receipt of the LCA.
Those that do take advantage of the temporary acceptance of these certain H-1B filings must wait until they receive a Request for Evidence (RFE) before submitting the certified LCA to USCIS. The LCA submitted in response to receiving an RFE must be the same LCA filed with the original petition and it must be submitted within 30 calendar days of receipt of the RFE requesting such documentation.
Additionally, Director Mayorkas has indicated that the USCIS will continue to excuse late filings whereby the delay in filing the petition was related to LCA issuance delays beyond the control of the petitioner and/or denials by DOL due to Federal Employer Identification Number (FEIN) check issues.
Those that would like for the USCIS to consider a late filing should be prepared to submit evidence showing that the filing delay was through no fault of their own along with the H-1B petition.
]]>If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case.
The current processing time for an I-129 H-1B Appeal is 13 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 23 months. Most other cases are within USCIS's processing time goal of 6 months or less.
]]>“United States employer,” is defined at C.F.R. 214.2(h)(4)(ii) as follows:
United States employer means a person, firm, corporation, contractor, or other association, or organization in the United States which:
(1) Engages a person to work in the United States;
(2) Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee; and
(3) Has an Internal Revenue Service Tax identification number.
In considering whether or not there is a valid “employer-employee relationship” for purposes of H-1B petition adjudication, USCIS must determine if the employer has a sufficient level of control over the employee. Level of control meaning right to control, which is different from actual control. An employer may have the right to control the beneficiary’s job related duties and yet not exercise actual control over each function performed by that beneficiary. The employer-employee relationship hinges on the RIGHT to control the beneficiary.
Evidence which helps to establish the employer-employee relationship between Petitioner and Beneficiary:
INITIAL PETITION
• A complete itinerary of services or engagements that specifies the dates of each service or engagement, the name and addresses of the actual employer, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested;
• Copy of signed employment agreement between the petitioner and beneficiary detailing the terms and conditions of employment;
• Copy of an employment offer letter that clearly describes the nature of the employer-employee relationship and the services to be performed by the beneficiary;
• Copy of relevant portions of valid contracts between the petitioner and a client (in which the petitioner has entered into a business agreement for which the petitioner’s employees will be utilized) that establishes that while the petitioner’s employees are place at the third party worksite, the petitioner will continue to have the right to control its employees;
• Copies of signed contractual agreements, statements of work, work orders, service agreements, and letters between the petitioner and the authorized officials of the ultimate end-client companies where the work will actually be performed by the beneficiary, which provide information such as a detailed description of the duties the beneficiary will perform, the qualifications that are required to perform the job duties, salary, or wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, and any other related evidence;
• Copy of position description or any other documentation that describes the skills required to perform the job offered, the scours of the instrumentalities and tools needed to perform the job, the product to be developed or the service to be provided, the location where the beneficiary will perform the duties, the duration of the relationship between the petitioner and beneficiary, whether the petitioner has the right to assign additional duties, the extent of petitioner’s discretion over when and how long the beneficiary will work, the method of payment, the petitioner’s role in paying and hiring assistants to be utilized by the beneficiary, whether the work to be performed is part of the regular business of the petitioner, the provision of employees benefits, and the tax treatment of the beneficiary in relation to the petitioner;
• Description of the performance review process; and or
• Copy of petitioner’s organizational chart, demonstrating beneficiary’s supervisory chain
EXTENSION PETITIONS
• Copies of the beneficiary’s pay records (leave and earnings statements, and pay stubs, etc) for the period of the previously approved H-1B status;
• Copies of the beneficiary’s payroll summaries and/or Form W-2s, evidencing wages paid to the beneficiary during the period of previously approved H-1B status;
• Copy of time sheets during the period of previously approved H-1B status;
• Copy of prior years’ work schedules;
• Documentary examples of work product created or produced by the beneficiary for the past H-1B validity period ( copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, designs, blueprints, newspaper articles, web-site text, news copy, photographs of prototypes, etc) NOTE: the materials must clearly substantiate the author and date created;
• copy of dated performance review(s); and/or
• copy of any employment history records, including but not limited to, documentation showing date of hire, dates of job changes, (e.g. , the petitioner is able to demonstrate that it did not meet all the terms and conditions through no fault of its own). Such a limited exception will be made solely on a case-by-case basis.
Request for Evidence (RFE)
If Requests for Evidence (RFE) are made, such RFEs, must specifically state (1) what is at issue (e.g., the petitioner has failed to establish through evidence that a valid employer-employee relationship exists) and (2) be tailored to request specific types of evidence from the petitioner that go directly to what USCIS deems as deficient. The RFE should neither require that a specific type of evidence be provided, unless provided for by regulations (e.g., an itinerary of service dates and locations), nor should it request information that has already been provided in the petition. Officers should state what element the petitioner has failed to establish and provide examples of documentation that could be provided to establish H-1B eligibility.
WHAT IS ULTIMATELY REQUIRED?
Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being “benched” without pay between assignments.
Source: AILA InfoNet Doc. No. 10011363 (Posted 1/13/2010)
If you have any questions relating to the information summarized above, please do not hesitate to contact our office to schedule a consultation.
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.
USCIS has identified all of the cases in which the wrong date was issued, and will issue revised forms as soon as the software issue is corrected.
***No further action will be necessary to receive a corrected document***
If you need to travel urgently and you have received a document with an invalid issue date, then you may travel using the incorrect document. U.S. Customs & Border Protection (CBP) has been alerted however, you may be questioned about the issuance date. Therefore, please print this explanation to share with CBP if necessary.
]]>OR
$200 + $50(admin fee) if filing either EAD or Advance Parole separately
Our normal legal fees are $250 + $50(admin fee) per application
**If an RFE is received, an additional legal fee will be required to respond**
Contact our office to process your EAD and Advance Parole Renewal!
FREQUENTLY ASKED QUESTIONS:
Question: How soon can I renew my EAD and Advance Parole (AP)?
Answer: You can file the renewal 120 days prior to the expiration date. However, AP applicants are advised to reapply within 30 days or less remaining on their current I-131 document.
Question: I have a valid H-1B. Do I need to renew EAD and AP?
Answer: No. You do not have to renew your EAD or AP. According to the new USCIS guidance issued last November, People on L1 or H-1B status can travel without AP. However, it is advisable to renew the EAD and AP as a precautionary measure if you plan to travel. For instance, if you travel outside the U.S. and you are not allowed back into the U.S. by customs on H-1B for any given reason, you can always come back in with AP and ensure that your adjustment of status proceeding continues.
Question: My spouse has H4 and is currently not working; do I need to renew EAD? Can I renew later when I need it?
Answer: You do not need to renew EAD. You can reapply for EAD anytime while your I-485 is pending.
Question: How long does it take to get a new EAD and AP?
Answer: Current processing times can be viewed on the USCIS website.
Question: My H-1B is expiring, should I extend H-1B or be on EAD?
Answer: You can work on EAD while your adjustment of status application (I-485) is pending. However, in the unforeseen event that your adjustment of status application is denied by the USCIS, you would fall out of status. Therefore, it is a good idea to maintain H-1B status as long as you can. However, this is decision that you have to make.
Question: Can I renew AP while I am outside the U.S.?
Answer: No
Question: What happens if my EAD expires and I’m still waiting for an approval of 485 while I am working?
Answer: If not on valid H-1B/L status, you cannot work until you get an approval.
Question: If I am currently on O1 status, and would like to travel, should I apply for AP and EAD, or just AP?
Answer: If you are on a nonimmigrant status other than H-1B, H-4, L-1, or L-2, you should obtain an AP, but EAD is not needed. Problems could occur while traveling, especially when attempting to reenter the U.S. Therefore, it is recommended that if you are not on H-1B/L status, that you should obtain both an EAD and AP if you wish to travel outside the U.S. while your I-485 is pending.
Question: What is the validity period for the EAD card?
Answer: As of June 30, 2008, USCIS will issue EAD valid for two years for individuals who qualify. The new two-year EAD is only available to individuals who have filed Adjustment of status I-485 and are unable to become a lawful permanent resident because an immigrant visa number is not currently available.
Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.
BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.
Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.
Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141.
Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142
In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.
]]>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. The Department of Homeland Security (DHS) created a web based system called the Student Exchange Visitor System (SEVIS) which maintains information on the foreign students accepted into the program. The SEVIS monitors the students for the duration of their approved stay, as required by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996.
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. At the interview, the student must have Form I-20, proof of payment of Form I-901, financial support documentation, and a completed visa application. 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/SEVIS, please contact our office to schedule a consultation.
]]>The employer filed a LC which was accepted for processing on January 16, 2007. ETA Form 9089 indicated that the job required a high school education and twenty-four (24) months of experience in the job offered. The CO issued an Audit Notification letter indicating that the O*Net indicates that one (1) year of experience is normal for the occupation and specifically directed the Employer to establish business necessity for its two (2) year requirement. The Employer responded to the Audit Notification but failed to address the business necessity issue. Thereafter the CO issue a denial letter, the Employer responded by requesting reconsideration and submitted a letter regarding why two (2) years experience was required for the position. The CO issued a letter of reconsideration indicating that the new letter constituted new evidence that was not in the record at the time that the application was filed and on which the denial was based.
PERM Regulation 20 C.F.R. § 656.20(b) controls and it provides that when an application is audited, the audit procedure specifies that a substantial failure by the employer to provide required documentation will result in that application being denied. In the instant case, the CO’s Audit Notification specifically requested that the Employer document the business necessity for its two (2) year experience requirement. BALCA stated that the failure to address the business necessity was clearly a substantial failure to provide documentation required by the audit notification. In addition, the regulations governing motions for reconsideration provided that the request for reconsideration may not include evidence not previously submitted.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
]]>The February 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 toll free at 1-800-447-0796.
Click here to view the February 2010 Visa Bulletin.
]]>Our normal legal fees are $1500.00 plus an administrative fee of $150.00 per petition.
Act Now, Don't Delay! Contact our office today!
If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case.
The current processing time for an I-129 H-1B Appeal is 12 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 26 months. Most other cases are within USCIS's processing time goal of 6 months or less.
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