H1B Visa Lawyer Blog

Question #1 – Temporary Work Visas – H-1B & L1A/L1B Nonimmigrant Visas
I am a U.S. small business employer. I have read different articles about the new public law and its applicability to nonimmigrant visas, but I am somewhat confused based on what I have read. Does the new public law fee apply to me and my company?

Answer #1
Under Public law 111-230, Employers with 50 or more employees in the U.S., for which more than 50% of their workforce utilize H and L visas are subject to the new fee. Employers to which the Public law is applies will have to pay an additional fee of $2,000.00 for each H-1B filed, in addition to normal USCIS filing fees associated with the H-1B visa. Additionally, Employers are required to pay an additional fee of $2,250.00 for each L1 petition filed in addition to the USCIS filing fees already required. If your company employs less than 50 employees, you are not subject to the new fee. If you are a larger company and have 50 or more employees and have less than 50% of those employees on H1B/L1 visas, then you are not subject to the new fee.

Question #2 – Temporary Work Visas – OPT/F1 to H-1B Nonimmigrant Visa
I am currently on OPT and my 12 months of OPT expired yesterday and I essentially wanted to apply for my H1B before that. When I spoke earlier to my hr manager, she stated that once my labor certification for H1B petition was cleared, I would not have to worry about the dates or me going out of status.

Answer #2
Most importantly, if you have not filed for your H-1B petition at this point, you must STOP working, as you do not have authorization from the USCIS to work. You have a grace period after your OPT expires to either leave the country or file a petition to change status. If your employer is interested in filing for your H-1B nonimmigrant visa, I would recommend that they do so immediately as H-1B visas are still available under the FY2011 Cap. Regardless of whether or not you have a labor certification cleared, you cannot continue working and must immediately make plans to either depart the U.S. or file for a change of status.

Question #3 – Student Visa – F1
I am a Chinese citizen and I would like for my nephew to obtain a college education in the United States. Please let me know what I need to do? Thank you.

Answer #3
Please visit the following website as it will provide the steps for how your nephew can get his F1 visa to come to the U.S. for school. The first step for a prospective nonimmigrant student is being accepted for enrollment in an established school which is SEVP certified. There is a list of SEVP certified schools on the website listed above. Therefore, as his first step, your nephew must first apply for enrollment at a college of his choice which is listed on the SEVP certified list. Once he has been accepted by that SEVP certified school, he will then need to apply for his F1 student visa. All of the steps for obtaining such status are available on the website listed above, and additional information can be found on this
website .

Question #4 – Temporary Work Visas – H-1B Nonimmigrant Visa
Do non-profits come under the same category as far as H1B is concerned?

Answer #4
If you are the beneficiary of an H-1B nonimmigrant visa for a company that is a not-for-profit, and they have sufficient proof of their non-profit status, then any new H-1B nonimmigrant petition filed by that company is not subject to the annual H-1B nonimmigrant visa CAP. An H-1B petition for new employment can be filed at any time.

Question #5 – Family Based Immigration – Green Card – Marriage Based (K1)
What happens if my wife and I do not file to remove the conditions on her permanent residency?

Answer #5
If you do not apply to remove the conditions near the expiration of her two-year conditional period then the permanent residency automatically expires and she is subject to deportation and removal. To avoid this, within 90 days of the expiration of the conditional period, she must file Form I-751, Petition to Remove Conditions on Residence.

Question #6 –Temporary Work Visas – H-1B Nonimmigrant Visa
I have vacation plans to go to Indonesia in the first week of October 2010. Can I file my H-1B extension petition prior to my departure from the U.S.?

Answer #6
You may file your H-1B extension prior to your departure; however, unless you upgrade your case to Premium Processing, your vacation plans will need to be delayed. When you have a case pending with the USCIS, you CANNOT leave the United States, as they will interpret it as abandonment of your pending case.

Question #7 – Naturalization/Citizenship
I’d like to become a U.S. Citizen, I have been a Green Card holder for the past 7 years, have no criminal background, but am worried about what is to be expected out of me during the citizenship test and interview. Can you provide me with some resources for help to ease my concerns?

Answer #7
As part of the Naturalization Test and Citizenship Awareness, Education, and Outreach Initiative, USCIS will host a Naturalization Information Session at George Washington, Law School - Lerner Hall, 2000 H Street NW, Rooms LL101-LL102 in Washington, DC, 20052 on September 10, 2010 from 6:00pm to 8:00pm to provide accurate information on eligibility requirements and steps to become a U.S. citizen. This event is part of the agency’s ongoing efforts to demystify the naturalization process for immigrants and is just one out of several USCIS hosted information sessions throughout the country. The sessions provide an overview of the naturalization process and detail the contents of the naturalization test, and raise awareness of free USCIS educational resources available for immigrants interested in pursuing U.S. citizenship.

Question #8 – Temporary Work Visas – H-1B Nonimmigrant Visa
What triggers H-1B employer site visits?

Answer #8
There are three ways in which H-1B employer site visits are triggered: (1) site visits conducted as part of a fraud inquiry; (2) site visits conducted as part of a Benefit Fraud Compliance Assessment; and (3) site visits conducted as part of an ASVVP Compliance Review.

Question #9 – Employment Based Immigration – Green Card (AC-21)
I have an approved I-140 filed by my previous company and they also submitted my I-485 back in 2007. I have since moved onto employment with another company on my EAD and do not wish to go back to work for my former employer. What happens if my former employer cancels my approved I-140? Can I file an AC-21 Portability letter?

Answer #9
To answer your first question, if your former employer cancels your approved I-140, then you will have to start the Employment based green card process over from the beginning, unless you have another employment based preference category immigrant petition pending/approved or you filed an AC-21 portability request prior to the cancellation of the approved I-140.

You may be eligible to file an AC21 106(c) Portability Request if the new position/duties are the same or substantially similar to the position/duties listed in your Labor application certified by the DOL and your former employer hasn’t canceled your approved I-140.

Question #10 – Temporary Work Visa – H-1B Nonimmigrant Visa
Can I still file for an H-1B nonimmigrant visa, to begin work in the U.S. on October 1, 2010?

Answer #10
As of August 27, 2010, there were 30,100 H-1B Regular CAP subject nonimmigrant visas remaining and 7,000 H-1B Masters Exemption nonimmigrant visas remaining. 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. For continuous FY2011 H-1B Cap updates, please refer to our website.

MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

Our next “Immigration Q & A Forum” is scheduled for Friday, September 17, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP "Q & A Forum" - This Friday, September 3, 2010

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, AZ SB1070, or the debate focused on Ending Birthright Citizenship, 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 3, 2010. Act now and submit your questions!

THANK YOU!

Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
Can more than one (1) employer file a temporary (part-time) H1B visa application on my behalf at the same time? For a part time H1B worker, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?

Answer #1
Simply put, yes more than one employer can file a temporary part-time H-1B visa application for you during the same time period, as long as a certified LCA covering the jurisdiction of employment is obtained and the I-129 petition and additional supporting documentation reflects this part-time period. 40 hours per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.

Question #2 – Employment Based Immigration – Green Card
We have traveled to India about 2 months back (in June). My husband got a job transfer to India, and I resigned my job in the US to move here with my family. Since we are not there in the US, do you know if the green cards will go back to the USCIS? Or to my forwarding address in the US?

Answer #2
If you do intend to come back to the U.S. in the near future - they will not send your permanent resident cards to India, therefore, you will need to contact the USCIS and provide your new U.S. mailing address so that they will be sent there. The USCIS DOES NOT forward mail, so if you have your mail being forwarded, your cards will be returned to the USCIS and the USCIS case status will indicate that your cards have been returned as undeliverable until you can provide the USCIS with an updated U.S. mailing address for them to be re-sent.

Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for an H1B visa?

Answer #3
The maximum time period that an H-1B visa can be issued for is three (3) years. Therefore, if your position does not require your placement for the entire three year period, your employer can request any time period from six (6) months to three (3) years.

Question #4 – Employment Based Immigration – Green Card
I just received my Green Card, what do I do now?

Answer #4
USCIS maintains a useful web page on the topic “Now That You Are A Permanent Resident.” It can be found at http://uscis.gov this is the USCIS home page, click on After a Green Card is Granted under the Green Card (Permanent Residence) heading. Then look to the right side and under More Information you will find valuable information on, among other topics, how not to lose your status as a permanent resident. Additionally, if you look to the left side under After a Green Card is Granted you will find numerous resources on different topics relating to your status as a Permanent Resident.

Question #5 – General – Social Security Card
How and when can I get a Social Security Card?

Answer #5
Generally, you may obtain a Social Security Card once you are legally authorized to work in the United States. Such authorization may be evidenced by receipt of an employment authorization card, an Alien Registration Card (Green Card), or receipt of temporary evidence of Green Card status (as established by presentation of an I-551 stamp in your passport). You will need to file an application for a Social Security Number in person at the Social Security Office. When filing this application at the Social Security Office, you should bring the following documents with you: your original birth certificate, passport, and employment authorization document, stamped passport or Green Card. Call 1-800-772-1213 for further information including the address of your local Social Security office, or visit their website at www.ssa.gov.

Question #6 – Employment Based Immigration - Green Card
My co-worker, a U.S. citizen worker showed me a brochure he receives from the SSA. It provides the credits he receives each year for the work he does. Does this apply to me, should I be receiving the brochure? Please advise what I need to do…

Answer #6
If you have a Social Security number, you should check to make sure you received credits under Social Security for any taxable work you did before you got your Green Card. Sometimes the Social Security Administration misplaces the records if you did not have a valid card, and this is the time to unscramble the records. Request a form SSA-7004, Request for Earnings and Benefit Estimate Statement, from Social Security to check these records. In fact, you should check your earnings statement every three to four years because errors more than four years old usually cannot be corrected.

Question #7 – Employment Based Immigration – Labor Certification
What is the difference between the old process for obtaining labor certification and the new PERM process?

Answer #7
In 2005, the Department of Labor (DOL) drastically changed the way it processes labor certification cases. The primary difference between the new process (referred to as “PERM”) and the old process is how recruitment-related documentation is handled. Previously, supporting documentation such as newspaper ads and other recruitment efforts, justification of the job requirements, prevailing wage determinations, etc., were submitted when the labor certification application was filed. Under PERM, while the same documentation must be prepared or assembled, it is kept by the employer and only submitted if and when requested by the DOL. The employer is required to retain this documentation for a period of five years. Under the previous regulations, there were two types of labor certifications: Reduction in Recruitment (RIR) (also known as “fast-track,” since these types of cases were given priority handling), and traditional or non–Reduction in Recruitment (non–RIR) cases. These two classifications have been done away with. However, occupations are now classified as “professional” or “nonprofessional” and each classification has different recruitment requirements.

Question #8 – Employment Based Immigration - Green Card
The Social Security card I have states that it is not valid for employment, but I just received my Green Card in the mail…can I continue to use my Social Security card or can they re-issue me a card without the restriction on it?

Answer #8
If you already have your Social Security card, but it is annotated indicating that it is not valid for employment without a USCIS employment authorization document, you should contact Social Security with your evidence of permanent resident status to have the restrictions removed.

Question #9 – Employment Based Immigration – Green Card
My priority date is current. How long do I have to wait, we’ve already waited 5 years for our green cards. Do you suggest I call USCIS and make a service request to make sure they have everything and to speed up the issuance of my card??

Answer #9
Normally when priority dates become current according to the Visa Bulletin, it takes anywhere from 30-90 days to complete the processing of the I-485 before issuing the Green Card to the primary applicant and his/her derivatives, unless issues arise during the process.

Question #10 – Temporary Work Visa – H-1B Nonimmigrant Visa
How many H1 nonimmigrant visas are left?

Answer #10
As of August 13, 2010, there were 35,300 H-1B Regular CAP subject nonimmigrant visas remaining and 7,700 H-1B Masters Exemption nonimmigrant visas remaining. 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. For continuous FY2011 H-1B Cap updates, please refer to our website.

MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

Our next “Immigration Q & A Forum” is scheduled for Friday, September 3, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on August 18, 2010 with processing dates as of June 30, 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.

MVP "Q & A Forum" - This Friday, August 20, 2010

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, AZ SB1070, or the debate focused on Ending Birthright Citizenship, 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, August 20, 2010. Act now and submit your questions!

THANK YOU!

The Department of State has released its latest Visa Bulletin.

Click here to view the September 2010 Visa Bulletin.

The September 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.

**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.

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

Did you file 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.

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of August 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 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 25 months.

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

Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
Can I transfer my H1b?

Answer #1
The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.

Question #2 – Employment Based Immigration – Green Card: Biometrics
I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?

Answer #2
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.

Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa: Traveling
I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.

Answer #3
If you MUST travel on H-1B status, we recommend that you have the following: at least two month’s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.

Question #4 – Employment Based Immigration – Green Card
My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?

Answer #4
You will need to file Form I-90, Application to Replace Permanent Resident Card. If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the “U.S. Department of Homeland Security”) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.

Question #5 – Employment Based Immigration – Green Card
My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.

Answer #5
Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.

Question #6 - Employment Based Immigration – Green Card - EAD Renewal
I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?

Answer #6
To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.

You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.

Question #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?

Answer #7
Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.

Question #8 – Family Based Immigration: Marriage – K1 Fiancé Visa
My son is U.S. Citizen and would like to marry his Pakistani fiancé. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fiancé? How long is it taking?

Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fiancé by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fiancé entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fiancé visa. Your son should first file a Petition for Alien Fiancé (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fiancé.

Question #9 – Temporary Work Visa – H-1B Nonimmigrant Visa
I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?

Answer #9
If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.

You may wish to check out the following link regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.


Question #10 – Temporary Work Visa – H-1B Nonimmigrant Visa
Can you let me know how many visas remain under the H-1B Cap?

Answer #10
As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. 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. For continuous FY2011 H-1B Cap updates, please refer to our website.

MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

Our next “Immigration Q & A Forum” is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP "Q & A Forum" - This Friday, August 6, 2010

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, AZ SB1070, or the debate focused on Ending Birthright Citizenship, 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, August 6, 2010. Act now and submit your questions!

THANK YOU!

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on July 15, 2010 with processing dates as of May 31, 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.

MVP "Q & A Forum" - This Friday, July 23, 2010

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, AZ SB1070, or the new debate focused on Ending Birthright Citizenship, 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, July 23, 2010. Act now and submit your questions!

THANK YOU!

The Department of State has released its latest Visa Bulletin.

Click here to view the August 2010 Visa Bulletin.

The August 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.

**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.

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

Did you file 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.

Question #1 – Marriage Based Immigration – Conditional Permanent Resident
I would like to know the procedure for “removing conditions.” When can I file? I’m married to a U.S. Citizen and my conditional green card is set to expire in May of 2011.

Answer #1
You can file to remove the conditions 90 days prior to the expiration of your second anniversary as a conditional resident. It is very important that you file Form I-751 (Petition to Remove the Conditions on Residence) within the 90 day window of time. If you file too early, the USCIS will send your application back. You may file at any time during the 90 day window, but it is suggested that you file fairly early in the window. If you fail to properly file Form I-751 within the 90 day period, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you and a hearing will be conducted where you will be given the opportunity to rebut the government’s allegations against you.

The items involved in filing the application to “remove conditions” include: a completed Form I-751; USCIS filing fee of $545.00; certified copy of front and back of permanent resident card; evidence of a bona fide relationship; and a detailed cover sheet indicating the contents of the package.

Question #2 - Employment Based Immigration – Green Card
I’m confused. My priority date is current and I want to file my I-485 application. Do I have to pay for both Employment Authorization and Advance Parole; I’ve seen conflicting information on various immigration forums.

Answer #2
Taken verbatim from the USCIS website - If you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization (EAD) on Form I-765 and/or advance parole (AP) on Form I-131. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action receipt as evidence of the filing of an I-485.

Accordingly, for a total of $1,010.00 you may submit Form I-485; Form I-765 and Form I-131 to the USCIS for processing. The filing fees are less for applicants 79+, and for children under the age of 14.

If you would like to renew your EAD and/or AP document, you will be required to pay the associated fees of $340.00 for EAD renewal and/or $305.00 for AP renewal.

Question #3 – General
I am not sure what is going on with my pending I-140 application. I heard that I can contact USCIS and make a service request for them to look further into my case and why it is taking so long. Is this true? How do I do it? Does my employer need to contact them?

Answer #3
The USCIS National Customer Service Center, which can be reached at 1-800-375-5283, will initiate a service request when a petition is outside of the normal processing time if the request is made by the sponsoring Petitioner, the Applicant/Beneficiary, or an Authorized Representative or an Attorney for the Petitioner/Applicant.

If making a service request to the Customer Service Center, please have the following information handy so that the Officer/Agent will be better able to assist you: your full name, your complete mailing address, your date of birth, your receipt number for the pending application/petition, the filing date of your pending application/petition, your priority date, your preference category, and possibly, the position indicated on your certified labor. If your case is outside of the normal processing time, the Officer/Agent will initiate a service request and will provide you with a timeframe for a response and a referral number in case you have to call back because no correspondence was issued within the timeframe suggested.

Question #4 – Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
My immigration details are as follows:

Visa type : F1
Visa Issue Date : 20 June 2007
Visa Expiration Date : 18 June 2012

Course : M.S. in Computer Engineering
Status : Completed
Course Completion Date : 30 May 2010
Course Duration : Fall 2007 - Spring 2010

Initial I-20 issued on : 08/17/2007
New I-20 issued on : 01/19/2010

The problem that I am currently facing is that I was issued a new I-20 for the period 01/19/2010 to 05/30/2010 with a different Sevis number. I was required to pay the Sevis fees once again. Due to the same, I have one semester of study reflecting on my current Sevis. To apply for an OPT, one needs at least two semesters of study. Hence, I am not able to apply for an OPT. I am therefore looking for a job in a company that can process my H1B. Do I qualify to file an H-1B if I can find a willing sponsor?

Answer #4
Given the circumstances of your current situation, I do not foresee any issues in you applying for an H-1B visa under the Master’s CAP exemption. If the sponsoring employer has a position for you that normally requires at a minimum the attainment of a Bachelors degree in a field related to your specific degree, then you should qualify given the details you have provided. However, you will need to speak with an Experienced Immigration Lawyer to better evaluate the situation once you have secured an employer to sponsor your visa.

Question #5 - Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
Are H-1B visas for FY2011 still available? What do the numbers look like? Is there still time to file?

Answer #5
The H-1B 2011 CAP opened on April 1, 2010 and is still OPEN. The H-1B FY2011 runs from October 1, 2010 until September 30, 2011. As of July 2, 2010, 40,800 H-1B regular CAP visas are still available for FY2011 out of 65,000. There are approximately 9,600 H-1B Master’s exemption visas still available for FY2011 out of 20,000.

Question #6 - Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
My company has filed several H-1B visas for Physical Therapists, only two are in the US, working as of now. One of them wants to leave my company and go to another employer. This is something against our interests, as to date we have spent a lot of time and effort in bringing them to the US. Is there anything we can do about it? At any time during the transfer
of the candidate's H1B visa – is our consent or concurrence required at all?

Answer #6
No. If your employment contract with the beneficiary was “at-will” the beneficiary may leave your employ at any time provided he/she gives the required notice as indicated in the employment agreement. Additionally, at no time during the transfer is your consent or concurrence required.

Question #7 – Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
If we sponsor an employee and pay the associated legal fees and USCIS filing fees, can we consider those payments in their employment review/raise evaluation in subsequent years? I am trying to treat all employees fairly, and it seems odd that the company is required to pay legal fees for one employee, but not another who may have legal fees associated with divorce, child custody, or other legal matters which would also affect their ability to work.

Answer #7
I understand your frustrations; however, the H-1B nonimmigrant program is a program designed to allow foreign professional workers to work temporarily in the United States to help boost the economy and keep U.S. businesses at the top in terms of work productivity, developing new products, etc. When you speak of using the associated legal fees when determining employment reviews/raise evaluations, it is not fair to the H-1B worker who has been sponsored by you for the sole purpose of working for your company to then take those fees and hold them against them. To my knowledge, it is unlawful and the Department of Labor (DOL) would not look favorably over this issue. It may seem odd that you are required to pay for the foreign worker's legal fees and associated filing fees, but that is just an aspect of the United States Citizenship and Immigration Service (USCIS) and DOL’s partnership in the H-1B nonimmigrant program.

The other employees you are referring to in regards to divorce, child custody issues, those are personal in nature. Although they may affect an individual's ability to work, an employer has no legal obligation to pay those fees as those personal related issues and fees should not play into your employment reviews/raise evaluations. A job is a job and when performance reviews/raise evaluations are conducted, they should be based entirely on the ability/productivity and experience of the worker.

Question #8 – Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum – for 3rd Party Consulting company. No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum – for 3rd Party Consulting company. If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) – for 3rd Party Consulting company. How is my company to remain in business?

Answer #8
Yes, the memo has made it more difficult to petition for 3rd party consultants; however, it is not impossible. We cannot generalize and say that no case will be approved; no extension will be approved; because you cannot generalize with the USCIS, you must look at each case and the evidence presented on a case-by-case basis. You are not required to put forth all of the evidence listed in the memo, but a majority of it to illustrate that there is a valid employer-employee relationship, and that you maintain CONTROL over the beneficiary, not actual control, but the RIGHT TO CONTROL.

The USCIS adjudicators are to take the memo as guidance, and are to adjudicate the petition based on a totality of the circumstances, not narrowly like you have mentioned. They are to take all of the evidence presented and determine whether a valid employer-employee relationship exists, and based on that determination, either approve or deny the non-immigrant visa petition.

When traveling, there is not much that we can do, as the Officers of Customs and Border Protection (CBP) have developed their own interpretation of the memo released on January 8, 2010. If a 3rd party consultant MUST travel, we would recommend that they have the following: at least two month’s worth of paystubs, a copy of the approved H-1B petition, an employment verification letter, approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.

Question #9 – Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
I recently got a new project in Washington DC. I will be working at a client in DC downtown and staying in northern Virginia. I have Pennsylvania labor filed on my H1B petition. Do I need to file a new labor in DC? If so can you guide me and my employer in filing labor in a new state?

Answer #9
According to the regulations governing the H-1B program, when you move to a new location outside of the geographical location listed on the original certified LCA, a new LCA as well as an amended petition must be filed with the USCIS. In summary, since your location change would be considered a "material change" in your previously approved employment, you would need to file a new LCA as well as the amended petition to stay within the regulations.

Question #10 – Employment Based Immigration – Green Card – LABOR/PERM
It seems like it’s taking a lot longer to conduct recruitment prior to filing the Labor application, what’s the issue?

Answer #10
As of January 1, 2010 the Department of Labor (DOL) federalized the process for obtaining Prevailing wage requests, which is the first step in the Labor process before recruitment can be conducted. We normally could obtain a prevailing wage request directly from the specific state workforce agency within a few days to a week. In addition to federalizing the process, the DOL made the process for obtaining the prevailing wages by electronic means as well as by requesting a prevailing wage through the U.S .mail. At this time, it is taking approximately 45-60 days to obtain a prevailing wage determination from the DOL. The determinations are issued on a first come, first serve basis.

MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

Our next “Immigration Q & A Forum” is scheduled for Friday, July 23, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP Law Group's first "Question & Answer" Forum was launched on Friday, June 25, 2010. Please click here to review the questions received and answers provided.

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, AZ SB1070, or the new debate focused on Ending Birthright Citizenship, please do not hesitate to 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, July 9, 2010. Act now and submit your questions!

THANK YOU!

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of July 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 12 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 25 months.

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

Question #1 - Employment Based Immigration – Green Card
I heard if there are quite a few cases between Feb 2005 and October 2005, USCIS staff can work on cases only up to available VISA numbers and once the numbers are consumed, then it could go back to Feb or March 2005 with the next VISA bulletin.
Hence to not to take any chances, I heard we could call them (USCIS) and provide details of our case so that based on first come first call, they would process and issue the GC.

Answer #1
You cannot call the USCIS to speed up the processing/issuance of your Green Card. Priority dates were established for this exact purpose. Each individual has a specific priority date which was issued to them when their Labor application was submitted to the Department of Labor (DOL). Only when the applicant’s priority date becomes current will the USCIS begin to process the applicant’s I-485 paperwork and thereafter may issue the Green Card.

Question #2 - Employment Based Immigration – Green Card (AC-21)
I have an approved I-140 filed by my previous company and they also submitted my I-485 back in 2007. I have since moved onto employment with another company on my EAD. Can I file AC21 Portability letter?

Answer #2
You may be eligible to file an AC21 106(c) Portability Request if the new position/duties are the same or substantially similar to the position/duties listed in your Labor application certified by the DOL.

Question #3 – Employment Based Immigration – Employment Authorization Document (EAD)/Advance Parole Document (AP)
My EAD and AP are expiring this year sometime. When is the earliest that I can file my renewal petitions?

Answer #3
According to the USCIS, you can petition for an EAD renewal no more than 120 days in advance of the expiration of your current EAD. For instance, if your current EAD card expires on October 16, 2010, the earliest you can file is on or after June 19, 2010.
According to the USCIS, you can petition for AP renewal no more than 30 days in advance of the expiration of your current AP or the USCIS will issue an RFE requesting your current AP document before issuing a new AP document.

Question #4 – Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
I have vacation plans to go to India in the first week of July 2010. Can we file my H-1B extension petition prior to my leaving? Or can you hold it and file the case after I cross the border?

Answer #4
You may file your H-1B extension prior to your departure; however, unless you upgrade your case to Premium Processing, your vacation plans will need to be delayed. When you have a case pending with the USCIS, you CANNOT leave the United States, as they will interpret it as abandonment of your pending case. Additionally, you may not file a case while outside of the United States; you must be present in the U.S. when filing for Immigration benefits.

Question #5 - Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
I’d like to apply for an H-1B visa under the H-1B CAP. Is the H1B Visa Quota still available for the year 2010?

Answer #5
The H-1B 2010 CAP opened on April 1, 2009 and closed December 25, 2009. The H-1B FY2010 ran from October 1, 2009 until September 30, 2010. FY stands for Fiscal Year. 65,000 visas have already been allocated for FY2010.
The H-1B 2011 CAP opened on April 1, 2010 and is still OPEN. The H-1B FY2011 runs from October 1, 2010 until September 30, 2011. As of June 18, 42,100 visas are still available for FY2011.

Question #6 - Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
One of our consultants is nearing his 6th year on H-1B visa status, but he has an approved I-140 filed by a different company. Is it possible to use that approved I-140 to get a three year extension with our company.

Answer #6
Yes. Pursuant to AC21 law, an H-1B immigrant may extend his or her status beyond the 6 year limitation if a labor certification, I-140, or employment based adjustment of status application has been filed where 365 days or more have elapsed since the filing of the labor certification or I-140. Or, where the H-1B immigrant has an I-140 petition which has been approved under the employment based green card and the AOS/485 is pending due to the unavailability of visa numbers.

Question #7 – Family Based Immigration – Green Card – Marriage Based (K1)
Is there any type of restrictions on a 'conditional green card”? Once my wife gets her green card, can she travel (internationally)?

Answer #7
Yes, she can travel internationally provided the trip is less than 6 months out of the year. The restrictions are mostly just the time frame, given most GCs are issued for 10 years, they want to make sure at the end of the two (2) years, prior to renewal of the GC, that you are still in a legitimate marriage and that the marriage was not for fraudulent purposes. Once the two (2) years are over and the conditions are removed after she applies to remove them, she will receive a GC valid for 10 years.
Within 90 days of the two-year anniversary of obtaining conditional residence, you and your wife will be required to file a Joint Petition to Remove Conditions on Residence (Form I-751). Once the conditions are removed, your wife will officially have Lawful Permanent Residence in the US.

Question #8 – General
Please explain for me what “priority date becoming current” means? I filed under EB2 category.

Answer #8
In order for an individual to obtain an immigrant visa, a visa number must be available to you. This is referred to as the priority date being "current." 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. This Bulletin is accessible at www.travel.state.gov. Currently, there is a backlog in the Employment-Based Second Preference (EB-2) category, which is the category you are being filed in. This means, that you must wait until a visa becomes available, until your priority date becomes current. When your priority date becomes current, you may file the I-485 application, but until then, you must wait.
Each month, the State Department issues the visa bulletin, usually in the middle of the month. When the bulletin is issued, it will provide information that will take effect on the first day of the following month. Depending on the availability of immigrant visas, the priority dates in each category and for each country can change each month. However, please note that the priority dates can also stay the same. They can move very slowly or progress by several months or years. They can move forward or backward. Therefore, there is no way to anticipate what the priority date will be in a future month or when a category will become current.
In addition to the above website, you can go to http://immigrationroad.com/green-card-tracker.php and track how many green card applicants are in front of you using your priority date and preference category.

Question #9 – Student Visa (F1) and Extension of OPT
Our company just enrolled in E-Verify, what documents are needed when applying for the OPT extension?

Answer #9
The interim final rule extends the maximum period of OPT from 12 months to 29 months for F- 1 students who have completed a science, technology, engineering, or mathematics (STEM) degree and accept employment with employers enrolled in U.S. Citizenship and Immigration Services' (USCIS') E-Verify employment verification program. Normally, the OPT extension process would need to be initiated at least 90 days before expiration of the current OPT.

The documents that are needed for the OPT extension are provided below:
• Completed original I-765 Application for Employment Authorization;
• Form I-765 Application fee of $340 USD check or money order made payable to “US. Department of HomelandSecurity”;
• Copy of valid Employment Authorization Document (EAD);
• Copy of ALL passport biographical information pages (including photo, birth date, expiration date). Passports must be valid for at least six months beyond end date of OPT;
• Copy of F-1 visa page or Form I-797: Change of status to F-1 approval notice;
• Copy of I-94 card (front and back);
• Copy of current SEVIS I-20 (pages 1 and 3);
• Copy of National University official transcript or a copy of diploma indicating level and program of study;
• Two U.S.-style passport photos (four recommended);
• Proof of your company’s enrollment in E-Verify.

Question #10 – General
Should my company enroll in E-Verify?

Answer #10
We have posted some articles on our H-1B Visa Lawyer Blog in recent months that may help answer your questions as to enrollment, procedures and other information. Several links have been provided below which: explain the program; provide a link to the website for enrollment, list the Dos and Don’ts of the program, and point out the potential drawbacks of the program.

What is E-Verify?

I-9 Employer Handbook

DOs and DONTS

Potential drawbacks

MVP Law Group would like to thank everyone who contributed a question or comment. We hope that the information provided is helpful.

Our next “Immigration Q & A Forum” is scheduled for Friday, July 9, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP Law Group is excited to announce the launch of our “Q & A Forum.”

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, AZ SB1070, or the new debate focused on Ending Birthright Citizenship, please do not hesitate to contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our first “Q & A Forum” will take place this Friday, June 25, 2010. Act now and submit your questions!

THANK YOU!

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on June 16, 2010 with processing dates as of April 30, 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.

The United States Citizenship and Immigration Service (USCIS) announced that they have made minor changes to Form I-90, Application to Replace Permanent Resident card. This new form contains more user-friendly features and has been made available on the USCIS website.

USCIS will accept previous versions of Form I-90 for 45 days, until July 28, 2010. After July 28, 2010, USCIS will reject all previous versions of Form I-90 and will return incorrect applications with a note instructing applicants to refile using the correct version of the form.

Applicants have been instructed to mail their applications to the addresses provided below:

USCIS
P.O. Box 21262
Phoenix, AZ 85036

If utilizing a courier service (FedEx, UPS, etc):

USCIS
ATTN: I-90
1820 E. Skyharbor Circle S Floor 1
Suite 100
Phoenix, AZ 85034

Applicants filing a form at a USCIS Lockbox facility may elect to receive an email and/or text message notifying them that their application has been accepted by completing Form G-1145, E-Notification of Application/Petition Acceptance, and attaching it to the first page of their application.

The Department of State has released its latest Visa Bulletin.

Click here to view the July 2010 Visa Bulletin.

The July 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.

**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.

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

Did you file 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.

The United States Citizenship and Immigration Service (USCIS) has extended the time period for information collection for Form I-824, Application for Action on an Approved Application until July 9, 2010.

During this period, USCIS will be evaluating whether to revise Form I-824.

This form has multiple purposes: to request a duplicate approval notice, to request an approval notice be sent to another U.S. Consulate, or to request an approval notice be sent to a U.S. Consulate for derivative visas for family members.

Members of the public are encouraged to submit comments and/or suggestions to USCIS, especially comments regarding the estimated public burden and associated response time.

Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

Comments may be submitted to:
Department of Homeland Security (DHS), USCIS,
Chief, Regulatory Products Division, Clearance Office,
111 Massachusetts Avenue, NW
Washington, DC 20529-2210.

Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov.

**When submitting comments by e-mail, please make sure to add OMB Control No. 1615-0044 in the subject box.

The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule that would adjust most fees by 10% for immigration benefit applications and petitions.

USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation’s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.

Members of the public are encouraged to submit comments and/or suggestions to USCIS.

Comments may be submitted through regulations.gov. The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.

Proposal to Adjust Fees for Immigration Benefits: Questions and Answers

Proposal to Adjust Fees for Immigration Benefits: Fact Sheet

Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.

***All information has been taken from USCIS.GOV

The Administrative Appeals Office (AAO) Processing Times were released on June 8, 2010 with processing dates as of May 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 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 24 months.

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

The United States Citizenship and Immigration Service (USCIS) has announced that several more forms will be transitioning from the Service Centers to the Lockbox Network. USCIS believes that by centralizing form and fee intake to a Lockbox environment, USCIS will improve consistency and integrity in the intake process.

The forms scheduled for the transition include:

I-140, Immigrant Petition for Alien Worker;

I-817, Application for Family Unity Benefits (If filing under section 301 of the Immigration Act of 1990)

This transition has already started, as the Service Centers will be forwarding applications to the appropriate Lockbox facilities. USCIS plans to announce the address change sometime in June and will revise the filing instructions and update the web page for each form.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on May 14, 2010 with processing dates as of March 31, 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.

The Department of State has released its latest Visa Bulletin.

The June 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.

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

Did you file 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 June 2010 Visa Bulletin.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Maryland – The Old Line State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Maryland’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 Line State.

Below, please find the highlights from Maryland:
 Immigrants made up 12.4% (or 694,590 people) of Maryland’s population in 2007.
 45.5% of immigrants (or 315,892 people) in Maryland were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 6.3% (or 353,956 people) and Asians 4.9% (or 275,299 people) of Marylanders in 2007.
 The purchasing power of Latinos totaled $10.2 billion and Asian buying power totaled $12.0 billion in Maryland in 2008.
 If all unauthorized immigrants were removed from Maryland, the state could lose $15.3 billion in expenditures, $6.8 billion in economic output, and approximately 73,267 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Maryland and the important role they will play in the state’s political and economic future. For more data on their contributions to the Old Line 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.

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.

Maine – The Pine Tree State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Maine’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 Pine Tree State.

Below, please find the highlights from Maine:
 Immigrants made up 3.4% (or 44,464 people) of Maine’s population in 2007.
 52.4% of immigrants (or 23,288 people) in Maine were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 1.1% (or 14,489 people) and Asians 1.0% (or 13,172 people) of Mainers in 2007.
 The purchasing power of Latinos totaled $363 million and Asian buying power totaled $303 million in Maine in 2008.
 If all unauthorized immigrants were removed from Maine, the state could lose $137 million in expenditures, $60.9 million in economic output, and approximately 1,080 jobs.

For more data on their contributions to the Pine Tree 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.

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.

Louisiana – The Pelican State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Louisiana’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 Pelican State.

Below, please find the highlights from Louisiana:
 Immigrants made up 3.3% (or 143,267 people) of Louisiana’s population in 2007.
 43.2% of immigrants (or 61,952 people) in Louisiana were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 3.1% (or 133,089 people) and Asians 1.4% (or 60,105 people) of Louisianans in 2007.
 The purchasing power of Latinos totaled $4.0 billion and Asian buying power totaled $2.2 billion in Louisiana in 2008.
 If all unauthorized immigrants were removed from Louisiana, the state could lose $947 million in expenditures, $421 million in economic output, and approximately 6,660 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Louisiana and the important role they will play in the state’s political and economic future. For more data on their contributions to the Pelican 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.

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.

Indiana – The Hoosier State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Indiana’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 Hoosier State.

Below, please find the highlights from Indiana:
 Immigrants made up 4.2% (or 263,848 people) of Indiana’s population in 2007.
 36.5% of immigrants (or 96,401 people) in Indiana were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 4.9% (or 310,919 people) and Asians 1.3% (or 82,489 people) of Hoosiers in 2007.
 The purchasing power of Latinos totaled $6.8 billion and Asian buying power totaled $3.1 billion in Indiana in 2008.
 If all unauthorized immigrants were removed from Indiana, the state could lose $2.8 billion in expenditures, $1.3 billion in economic output, and approximately 16,739 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Indiana and the important role they will play in the state’s political and economic future. For more data on their contributions to the Hoosier 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.

The United States Citizenship and Immigration Services (USCIS) has issued information collection for Form I-824, Application for Action on an Approved Application until May 24, 2010.

During this period, USCIS will be evaluating whether to revise Form I-824.

This form has multiple purposes: to request a duplicate approval notice, to request an approval notice be sent to another U.S. Consulate, or to request an approval notice be sent to a U.S. Consulate for derivative visas for family members.

Members of the public are encouraged to submit comments and/or suggestions to USCIS, especially comments regarding the estimated public burden and associated response time.

Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

Comments may be submitted to:
Department of Homeland Security (DHS), USCIS,
Chief, Regulatory Products Division, Clearance Office,
111 Massachusetts Avenue, NW
Washington, DC 20529-2210.

Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov.
**When submitting comments by e-mail, please make sure to add OMB Control No. 1615-0044 in the subject box.

The United States Citizenship and Immigration Services (USCIS) has issued information collection for Form I- 102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document until May 24, 2010.

During this period, USCIS will be evaluating whether to revise Form I-102.

The purpose of this form is for a nonimmigrant to apply for a new or replacement Form I-94 or I-95 Nonimmigrant Arrival-Departure Document.

Members of the public are encouraged to submit comments and/or suggestions to USCIS, especially comments regarding the estimated public burden and associated response time.

Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

Comments may be submitted to:
Department of Homeland Security (DHS), USCIS,
Chief, Regulatory Products Division, Clearance Officer,
111 Massachusetts Avenue, NW
Washington, DC 20529-2210.

Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov.
**When submitting comments by e-mail, please make sure to add OMB Control No. 1615-0079 in the subject box.

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, 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 AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

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.

Illinois – The Prairie State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Illinois’ 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 Prairie State.

Below, please find the highlights from Illinois:
 Immigrants made up 13.8% of Illinois’ population in 2007.
 43.7% of immigrants in Illinois were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 14.9% and Asians 4.3% of Illinoisans in 2007.
 The purchasing power of Latinos totaled $40.9 billion and Asian buying power totaled $22.5 billion in Illinois in 2008.
 If all unauthorized immigrants were removed from Illinois, the state could lose $25.6 billion in expenditures, $11.4 billion in economic output, and approximately 119,214 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Illinois and the important role they will play in the state’s political and economic future. For more data on their contributions to the Prairie 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.

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, 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 AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

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.

Iowa – The Hawkeye State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Iowa’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 Hawkeye State.

Below, please find the highlights from Iowa:
 Immigrants made up 3.9% (or 117,437 people) of Iowa’s population in 2007.
 34.5% of immigrants (or 40,473 people) in Iowa were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 4.0% (or 119,522 people) and Asians 1.6% (or 47,809 people) of Iowans in 2007.
 The purchasing power of Latinos totaled $2.4 billion and Asian buying power totaled $1.7 billion in Iowa in 2008.
 If all unauthorized immigrants were removed from Iowa, the state could lose $1.4 billion in expenditures, $613.4 million in economic output, and approximately 8,819 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Iowa and the important role they will play in the state’s political and economic future. For more data on their contributions to the Hawkeye 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.

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, 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 AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

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.

Georgia – The Peach State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Georgia’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 Peach State.

Below, please find the highlights from Georgia:
 Immigrants made up 9.1% (or 868,413 people) of Georgia’s population in 2007.
 32.6% of immigrants (or 283,201 people) in Georgia were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 7.6% (or 725,401 people) and Asians 2.8% (or 267,253 people) of Georgians in 2007.
 The purchasing power of Latinos totaled $15.1 billion and Asian buying power totaled $8.9 billion in Georgia in 2008.
 If all unauthorized immigrants were removed from Georgia, the state could lose $21.3 billion in expenditures, $9.5 billion in economic output, and approximately 132,460 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Georgia and the important role they will play in the state’s political and economic future. For more data on their contributions to the Peach 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.

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, 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 AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

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.

Florida – The Sunshine State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Florida’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 Sunshine State.

Below, please find the highlights from Florida:
 Immigrants made up 18.9% (or 3,440,918 people) of Florida’s population in 2007.
 45.6% of immigrants in Florida were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 20.6% and Asians 2.2% (or 401,527 people) of Floridians in 2007.
 The purchasing power of Latinos totaled $101.3 billion and Asian buying power totaled $15.8 billion in Florida in 2008.
 If all unauthorized immigrants were removed from Florida, the state could lose $43.9 billion in expenditures, $19.5 billion in economic output, and approximately 262,436 jobs.

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

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on March 12, 2010 with processing dates as of January 31, 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.

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, 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 AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

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.

Colorado – The Centennial State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Colorado’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 Centennial State.

Below, please find the highlights from Colorado:
 Immigrants made up 10% (or 485,170 people) of Colorado’s population in 2007.
 31.5% of immigrants (or 152,957 people) in Colorado were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 19.9% (or 967,442 people) and Asians 2.7% (or 131,261 people) of Coloradans in 2007.
 The purchasing power of Latinos totaled $21 billion and Asian buying power totaled $4.8 billion in Colorado in 2008.
 If all unauthorized immigrants were removed from Colorado, the state could lose $8.0 billion in expenditures, $3.6 billion in economic output, and approximately 39,738 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Colorado and the important role they will play in the state’s political and economic future. For more data on their contributions to the Centennial 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.

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, 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 AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

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.

California– The Golden State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of California’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 Golden State.

Below, please find the highlights from California:
 Immigrants made up 27.4% (or 10 million people) of California’s population in 2007.
 43.6% of immigrants (or 4.4 million people) in California were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 36.2% (or 13.2 million people) and Asians 12.3% (or 4.5 million people) of Californians in 2007.
 The purchasing power of Latinos totaled $249 billion and Asian buying power totaled $162.8 billion in California in 2008. Together, Latinos and Asians account for roughly 30% of the state’s total consumer purchasing power.
 If all unauthorized immigrants were removed from California, the state could lose $164.2 billion in expenditures, $ 72.9 billion in economic output, and approximately 717,000 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in California and the important role they will play in the state’s political and economic future. For more data on their contributions to the Golden 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.

The Department of State has released its latest Visa Bulletin.

The April 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.

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 April 2010 Visa Bulletin.

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, 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 AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

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.

Arkansas – The Natural State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Arkansas’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 Natural State.

Below, please find the highlights from Arkansas:
 Immigrants made up 4.2% (or 118,405 people) of Arkansas’s population in 2007.
 28.1% of immigrants (or 33,316 people) in Arkansas were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 5.2% (or 147,409 people) and Asians 1.2% (or 34,018 people) of Arkansans in 2007.
 The purchasing power of Latinos totaled $2.7 billion and Asian buying power totaled $972 million in Arkansas in 2008.
 If all unauthorized immigrants were removed from Arkansas, the state could lose $798 million in expenditures, $ 354 million in economic output, and approximately 6,660 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Arkansas and the important role they will play in the state’s political and economic future. For more data on their contributions to the Natural 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.

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, 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 AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

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.

Arizona – The Grand Canyon State

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Arizona’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 Grand Canyon State.

Below, please find the highlights from Arizona:
 Immigrants made up 15.6% (or 991,584 people) of Arizona’s population in 2007.
 29.7% of immigrants (or 294,541 people) in Arizona were naturalized U.S. Citizens in 2007 who are eligible to vote.
 Latinos accounted for 29.7% (or 1,882,610 people) and Asians 2.4% (or 152,130 people) of Arizonans in 2007.
 The purchasing power of Latinos totaled $31.3 billion and Asian buying power totaled $5.8 billion in Arizona in 2008.
 If all unauthorized immigrants were removed from Arizona, the state could lose $26.4 billion in expenditures, $ 11.7 billion in economic output, and approximately 140,324 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Arizona and the important role they will play in the state’s political and economic future. For more data on their contributions to the Grand Canyon 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.

The Administrative Appeals Office (AAO) Processing Times were released on March 2, 2010 with processing dates as of March 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 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 24 months. Most other cases are within USCIS's processing time goal of 6 months or less.

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, 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 AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

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.

Alaska – The Last Frontier

The IPC has complied research which shows that Immigrants, Latinos and Asians are an essential part of Alaska’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 Last Frontier.

Below, please find the highlights from Alaska:

 Immigrants made up 7.2% (or 48,928 people) of Alaska’s population in 2007.
 51.2% of immigrants in 2007 (or 25,046 people) in Alaska were naturalized U.S. Citizens who are eligible to vote.
 Latinos accounted for 2.6% (or 8,000 people) and Asians 2.3% (or 7,000 people) of Alaskans in 2008.
 The purchasing power of Latinos totaled $1.2 billion and Asian buying power totaled $1.1 billion in Alaska in 2009.
 If all unauthorized immigrants were removed from Alaska, the state could lose $484.7 million in expenditures, $ 215.3 million in economic output, and approximately 1,980 jobs.

There is no denying the contributions Immigrants, Latinos and Asians make in Alaska and the important role they will play in the state’s political and economic future. For more data on their contributions to the Last Frontier, 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.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on February 17, 2010 with processing dates as of December 31, 2009.

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.

The Administrative Appeals Office (AAO) Processing Times were released on February 17, 2010 with processing dates as of February 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 25 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.

The Department of State has released its latest Visa Bulletin.

The March 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.

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 March 2010 Visa Bulletin.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on January 15, 2010 with processing dates as of November 30, 2009.

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.

The Department of State has released its latest Visa Bulletin.

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.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on December 16, 2009 with processing dates as of October 31, 2009.

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.

The Department of State has released its latest Visa Bulletin.

The January 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.

Click here to view the January 2010 Visa Bulletin.

Help your foreign loved one become a lawful, permanent resident of the United States with family-based immigration assistance from our law firm. Permanent immigration in the U.S. comes with a variety of rights and privileges, all of which MVP Law Group, P.A. hopes to help your family member experience as a lawful, permanent resident of our nation. Contact us today to obtain lawful, permanent residency for your foreign relative through your own United States citizenship or lawful, permanent residency

Family Based Immigration

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on November 16, 2009 with processing dates as of September 30, 2009.

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 Groupand would like our assistance, please contact our office.

The Department of State has released its latest Visa Bulletin. The December 2009 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.

Click here to view the December 2009 Visa Bulletin.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on October 18, 2009 with processing dates as of August 31, 2009.

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.

The Department of State has released its latest Visa Bulletin. The November 2009 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.

Click here to view the November 2009 Visa Bulletin.

The United States Citizenship and Immigration Services (USCIS) has extended information collection for Form I-129F, Petition for Alien Fiance(e) until November 30, 2009.

During this period, USCIS will be evaluating whether to revise Form I-129F.

Members of the public are encouraged to submit comments and/or suggestions to USCIS, especially comments regarding the estimated public burden and associated response time.

Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

Continue reading "USCIS Issues Information Collection on Form I-129F" »

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on September 14, 2009 with processing dates as of July 31, 2009.

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 would like our assistance, feel free to contact our office.

The Department of State has released its latest Visa Bulletin. The October 2009 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.

Click here to view the October 2009 Visa Bulletin.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on August 14, 2009 with processing dates as of June 30, 2009.

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 would like our assistance, feel free to contact our office.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on July 15, 2009 with processing dates as of May 31, 2009.

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 would like our assistance, feel free to contact our office.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on June 15, 2009 with processing dates as of April 30, 2009.
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 would like our assistance, feel free to contact our office.

On Thursday, June 11, 2009, Senators Robert Menendez, Kirsten Gillibrand and Patrick Leahy introduced the Orphans, Widows and Widowers Protection Act (S. 1427). This legislation would provide essential immigration protections for those impacted by the death of a sponsoring relative. The legislation imposes specific requirements that must be followed for each type of immigration filing – including naturalization, family based immigration and derivative beneficiaries of employment based immigration.

On Wednesday, May 20, 2009, Senators Edward Kennedy, Robert Menendez, Charles Schumer, and Kirsten Gillibrand introduced the Reuniting Families Act (S. 1085). This legislation would amend the Immigration and Nationality Act/Family Based Immigration System by promoting family unity among other important purposes.
The legislation is intended to help families unite by promoting family stability and by fostering economic growth.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on May 15, 2009 with processing dates as of March 31, 2009.
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 would like our assistance, feel free to contact our office.

The United States Citizenship and Immigration Service (USCIS) announced on April 27, 2009 that they have made minor changes to the process of applying for a replacement Permanent Resident card. These changes apply to all applicants applying via paper form, including those applying because their previously issued card was never received and those who have cards with incorrect data due to a USCIS error. These changes do not apply to those applicants filing Form I-90 electronically, or those whose residence is located outside the United States.

One of the changes involves the submission of all supporting documentation at the time of applying (mailed along with a completed Form I-90). Prior to this change, applicants were asked to bring supporting documentation with them to their biometrics appointment.

Additionally, the Direct Mail address has been changed. The USCIS mailing address for completed Form I-90 was originally a Lockbox facility in Los Angeles, CA. Due to the closing of this facility the new USCIS Lockbox facility address for Form I-90 is in Phoenix, AZ. Applicants have been instructed to mail their applications to the addresses provided below:

USCIS
P.O. Box 21262
Phoenix, AZ 85036

If utilizing a courier service (FedEx, UPS, etc):

USCIS
ATTN: I-90
1820 Skyharbor Circle S Floor 1
Phoenix, AZ 85034

The USCIS released Questions & Answers relating to these new minor changes. The questions deal with what to do if you have already submitted Form I-90 to the Los Angeles Lockbox facility, and what would occur if an application was mailed to the wrong address.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on April 16, 2009 with processing dates as of February 28, 2009.
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 would like our assistance, feel free to contact our office.

The Department of State has released its latest Visa Bulletin. The May 2009 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.

Click here to view the May 2009 Visa Bulletin.

No matter what avenue you take towards permanent resident status (“green card”), whether it is family-based petition, employment-based petition, or diversity visa based, the priority date of your petition determines the order of visa availability for each particular category.

Priority Dates for Family-Based Petitions

For family based petitions, the priority date is established when the I-130 form (Petition for Alien Relative) is filed with the U.S. Citizenship and Immigration Services (USCIS). If an I-130 petition is denied because of ineligibility and then later resubmitted when eligible, the priority date is established at the time of resubmission of the petition. Matter of Carbajal, 20 I&N Dec. 461 (BIA 1992).

Priority Dates for Employment-Based Petitions

For employment-based immigration petitions, the priority date is set either on the date that a labor certification is filed (EB-2 and EB-3 categories require labor certification); or for categories that do not need a labor certification (EB-1, EB-4, and EB-5) on the date that the preference petition if filed with the USCIS.

Transferring priority dates from a prior employment-based petition to a subsequent new employment based petition

Employment-based priority dates in the first three preference categories (EB-1, EB-2, and EB3) are transferable within those categories. For instance, if one files an EB-3 based labor certification and has an approved I-140 (Immigrant Petition for Alien Worker) for that category, that individual can subsequently file a labor certification in the EB-2 category and request that the priority date from the EB-3 petition be retained when filing the I-140 for the EB-2 petition. However, it is important to note that priority dates are not transferable from EB-1, EB-2, and EB-3 cases to any EB-5, EB-5, and family based petitions.

Priority dates for derivative beneficiaries (Spouses/Children)

Spouses and children of the primary beneficiary of both employment-based and family-based petitions are assigned the same priority date as the primary beneficiary as long as the marriage still exists and the children are under the age of 21 pursuant to the Child Status Protection Act. However, there are some exceptions to this rule. For instance, the child of a person who marries a U.S. Citizen must be the beneficiary of a separate petition by the parent beneficiary or, where applicable, the petitioning step-parent.