H1B Visa Lawyer Blog

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.

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

As of August 6, 2010, 28,500 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of August 6, 2010, 11,900 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

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

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

The employer filed an application for labor certification which was accepted for processing on February 8, 2006. ETA Form 9089 indicated a requirement of thirty-two (32) months of experience in the job offered, and six (6) months of training as a certified welder. The CO issued an Audit Notification letter requesting evidence of recruitment and other required documentation and the employer complied. Thereafter the CO denied certification because the foreign worker did not meet the Employer’s minimum education, training and experience requirements, in violation of 20 C.F.R. §656.17(i). Specifically, the application required 6 months of training as a certified welder and the application did not show that the Alien had this training. The Employer responded by requesting reconsideration stating that the Alien had a total of 13 years of experience in construction work and gave specific dates of employment with other companies. The CO again denied certification on the same basis. The employer submitted another request for reconsideration stating that the Alien was the ONLY applicant to respond to recruitment and met every requirement of the posting including that of a certified welder. The CO issued a letter of reconsideration indicating that denial was proper because the Alien did not meet the minimum requirements and no further evidence was provided to support the employer’s claim that the Alien in fact had the 6 months of required training as a certified welder.

PERM Regulation 20 C.F.R. § 656.17(i)(1) controls and it provides that, “the job requirements, as described, must represent the employer’s actual minimum requirements for the job opportunity.”

In the instant case, Section H-4 of ETA Form 9089, required 6 months of training as a certified welder, but the employer failed to include in the foreign worker’s work experience job details that he received training in, or performed, any welding. Further, the employer failed to submit any evidence to support its claim that the beneficiary did in fact possess the welding experience required.

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

Matter of Virginia Carolina Construction

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.

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

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

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

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

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

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

As of July 30, 2010, 27,300 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of July 30, 2010, 11,600 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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

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

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!

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

As of July 23, 2010, 26,000 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of July 23, 2010, 11,300 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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

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

Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
Can your firm sponsor my H-1B or find a company to sponsor me? I am ready to come to the U.S. and work, I have a BS in Computer Science and three years experience in computer programming. What is the process?

Answer #1
We are a law firm that will help you prepare the paperwork (Forms and documents) for your H-1B non-immigrant petition once you find an employer willing to sponsor you for employment; however, we cannot find you H-1B sponsorship. In summary, once you have secured an H-1B sponsor (U.S. employer), we can then help you out.

The normal process for H-1B sponsorship starts when you or your employer contacts our office to initiate the process. You or your employer would contact our office, sign a legal agreement detailing the legal fees associated with the preparation and filing of the H-1B visa petition, you would then complete the H-1B questionnaire, and send all requested background documents to our office to begin the process. Once the legal payment, the completed questionnaire and background docs have been received in our office, we would be able to begin preparing your case. Once your forms have been prepared and thoroughly reviewed, we email the final documents to your sponsoring employer for their review and signatures. These forms must then be returned to our office with the requisite USCIS filing fees, and will be filed on your behalf with the USCIS. Upon receipt of the H-1B petition, the USCIS will issue a receipt notice containing a specific number which will allow you to monitor your case while it is being processed.

Question #2 - Temporary Work Visa – H-1B Nonimmigrant Visa
I have exhausted my 6 years on H-1B visa and returned to my country. I have been here ninety (90) days; can I now apply for a new H-1B visa under the current cap to return to U.S.? Please let me know so we can move forward.

Answer #2
According to the regulations, once you have exhausted the 6 year limit on H-1B, you must return to your home country for one (1) year before you can petition again for an H-1B nonimmigrant visa.

Question #3 – Employment Based Immigration – Green Card - EAD/AP Renewal
I Have Applied my EAD (765) and AP (131) for renewal through paper. USCIS have returned the EAD and AP Documents stating that I have provided incorrect amount on the check or has not been provided. I have provided an amount of $340 for EAD and separate check of $385 for AP. The check was paid to “U.S. Department of Homeland Security” on June 2nd. My EAD expires in the Middle of August 2010. Also my I-485 is current now as per the processing time. I have applied 3 times before for EAD and AP personally and never had this problem. Granted the last renewal I have applied through e-file. I have applied through paper this time to Dallas lockbox. What could have been the mistake I have made in my submission?

Answer #3
It sounds like they rejected both cases due to the mix up with the payment for the AP filing. To be on the safe side, I suggest that you send three checks, one in the amount of $340.00 for the EAD renewal, the second in the amount of $305.00 for the AP renewal, and the third in the amount of $80.00 for biometrics. If they need to process your biometrics, they will, if they don't, they will return the check. There is no way of returning the biometrics fee on a check for $385.00 if biometrics are not needed. You will need to enclose the rejection notice on the top of all of your forms and supporting documentation. Paper clipped to the notice, you will need to place the new checks and your pictures.

Question #4 – Employment Based Immigration – Green Card - EAD Renewal
I just filed my EAD renewal last week. Can I expedite the EAD renewal process since my EAD expires in Mid August?

Answer #4
You cannot expedite an EAD renewal request. You can only expedite an AP renewal request and only under specific circumstances. You can file an EAD renewal request up to 120 days in advance of the expiration of your current EAD. You should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD, so that you can continue working. If you do not receive your EAD renewal request by mid August when your current EAD expires, you must wait and not work until your EAD is approved.

Question #5 – Employment Based Immigration – Temporary Work Visa – H-1B Nonimmigrant Visa
USCIS received my H1B/H4 petitions on 07/14/2010, we filed for premium processing. What is timeframe for normal processing? My driving license expires on 9/19/2010. If they process under normal process do they return $1000 which is extra we paid to process under premium processing?

Answer #5
According to the information you provided, your case is still within the normal processing times for a case filed under Premium Processing. The normal processing time for a case filed under Premium Processing is 15 calendar days from the date of submission. Today is July 23, the case was accepted for processing on July 14, and only ten (10) days have passed since the acceptance of your case. If you do not receive an update within the remaining 5 days, your employer/attorney will need to contact the USCIS National Customer Service Center or the appropriate Service Center to ensure that the case is processed according to the timeframes provided for premium processing.

Question #6 - Employment Based Immigration – Green Card - General
We recently bought a new house expected to move on July 25th, 2010. How to notify and update to USICS for I-485 and EAD that is under processing?

Answer #6
The link provided at the bottom of this response will direct you to the online portal for submission of your address change request (however, you will still need to submit Form AR-11 to USCIS within 10 days after your move). According to the USCIS website:

Non-U.S. Citizens
If you have moved, you need to follow two different steps:
• Step 1: File a Form AR-11 (This changes your address in our master database.);
• Step 2: If you have a pending case, you must also file a Change of Address online or call our National Customer Service Center at (800) 375-5283. (This changes your address for the specific application you have submitted.)
**Please note that if you are a non-U.S. citizen and you have a pending case, you must complete both steps to make sure that you comply with the regulations and so we can reach you at your correct address.

The Process
If you want to change your address online and/or file a Form AR-11 using our Online Change of Address Notification tool, you will need to have certain information available. Please have the following information available before you begin:
• Your receipt notice or other notice we sent you showing your receipt number (if you have a pending case with USCIS);
• Your new address;
• Your old address;
• If you have filed a petition for a family member, the names and biographical information for that person.
If you are a non-U.S. citizen, please also have:
• The date when you last entered the United States (If you cannot remember, please fill in an approximate date.);
• The location where you last entered the United States (the port of entry where you entered – whether by land, sea, or air).

Change of Address Request

Question #7 – Employment Based Immigration – Temporary Work Visa – H-1B Nonimmigrant Visa
I have a BA and I am a former judge, how can I qualify for an H1visa?

Answer #7
Simply stated, in order to be eligible for an H-1B nonimmigrant visa, the applicant (you) must possess at least a U.S. Bachelor's degree or its foreign equivalent and the job position must require at least a Bachelor's degree or its foreign equivalent and you must possess experience in the particular field. You must have a sponsoring employer to sponsor your H-1B visa petition; you cannot file for an H1 visa on your own.

Question #8 – Employment Based Immigration – Temporary Work Visa – H-1B Nonimmigrant Visa
Does State of California or federal government give any preference to applicants with Infrastructure background especially for construction projects that have been approved by California voters?

Answer #8
No, the State of California and the Federal government do not give any special preference to applicants with Infrastructure background. Cases are determined and decided on a case-by-case basis, no special preference is suppose to be given to any type of individual or any individual in a specific type of work.

Question #9 – Employment Based Immigration – Temporary Work Visa - H-2B Nonimmigrant Visa
I’ve heard of this H-2B temporary visa. What is it?

Answer #9
The H2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in nonagricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence. To qualify for an H-2B visa, you must have a valid job offer from a U.S. employer to perform temporary or seasonal nonagricultural work and proof of an intent to return to your home country on expiration of the visa.

The limitations of the H-2B visa are that the job must be temporary in nature and the need must be for one year or less, the employer's need may not be ongoing or continuous. The employer has the burden of establishing the facts necessary to support a finding that the need is a one-time occurrence, seasonal, peak load or intermittent need. H-2b time counts whether you are in the U.S. or abroad, and H-2b dependents may not work in the U.S.

Question #10 – Student Visa – F1
I want my younger sister to come to USA to go to school. What do we need to do?

Answer #10
Please visit the following website as it will provide the steps for how your sister can get her 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 her first step, your sister must first apply for enrollment at a college of her choice which is listed on the SEVP certified list. Once she has been accepted by that SEVP certified school, she will then need to apply for her 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 .

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 6, 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.

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

As of July 16, 2010, 25,300 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of July 16, 2010, 11,000 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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

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

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

As of July 9, 2010, 24,800 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of July 9, 2010, 10,600 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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

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

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.

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

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

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

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

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

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.

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

As of July 2, 2010, 24,200 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of July 2, 2010, 10,400 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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

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

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.

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

As of June 25, 2010, 23,500 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of June 25, 2010, 10,000 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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

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

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

The employer filed a LC which was accepted for processing on August 15, 2007. ETA Form 9089 indicated that the job had been advertised in the Baltimore Sun on 4/8/2007 and 4/15/2007, and posted on the employer’s website from 4/24/2007 to 05/08/2007. The CO issued an Audit Notification requesting among other things, the Employer’s recruitment documentation. The Employer responded by providing copies of original tear sheets, a printout from the Employer’s website, the Employer’s recruitment report, and two statements, one from the Employer’s Attorney and the other from the HR Vice President. The newspaper tear sheets consisted of two parts: (1) almost full facsimiles of classified pages dated 4/8/2007 and 4/15/2007 which were not legible and had the top and bottom cut off, but bear the publication date; and (2) enlargements of the advertisements specific to the Employer’s application, but only the 4/8/2007 enlargement specifically bore the date of publication and name of publication. Additionally, the employer’s printout of its company website posting did not indicate the dates of posting. Thereafter the CO issued a denial letter because the original tear sheets were not provided and the employer failed to provide dated copies of pages from the company website. The Employer thereafter requested reconsideration arguing that the tear sheets had been provided and were sufficient proof of publication under the regulations. It also argued that alternative evidence of web site posting was sufficient according to a “FAQ” posted by the OFLC. The CO issued a letter of reconsideration establishing that the denial was valid because the enlargement did not show the date of publication or the name of the newspaper used, and the employer failed to provide dated copies of its web posting.

PERM Regulation 20 C.F.R. § 656.17(e)(1)(ii)(B) controls and it provides that one of the additional recruitment steps an employer can utilize to advertise a professional occupation is to advertise the position on its own website. For an employer that advertises by posting the job opportunity on its own website, the advertisement “can be documented by providing dated copies of pages from the site that advertise the occupation involved in the application.” Furthermore, the OFLC website includes a response to a Frequently Asked Question (FAQ) stating that if an employer does not have a copy o the posting from its website, “the employer may provide an affidavit from the official within the employer’s organization responsible for the posting of such occupations on the website attesting, under penalty of perjury, to the posting of the job.” However, the FAQ states that such a submission does not guarantee that the CO will find such a submission to be adequate documentation of the posting on the website. In the present case, the statements of the Attorney and HR Vice President included with the audit response were not in affidavit form, nor attested to, and therefore could not be considered.

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

Matter of PSI Family Services, Inc.

*Over the past several months more and more labor certification cases have been denied for basic technical errors. It seems times have changed as they are interpreting the literal meaning of the regulations, denying cases on mere technicalities, the majority of which displayed no harm to the recruitment process/test of the U.S Labor market.

As a word of advice, do not engage in the PERM process alone, contact an Experienced Immigration Attorney to guide you through the process, so that your cases do not result in denials after all of the money and time you have invested in the process.

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.

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

As of June 18, 2010, 22,900 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of June 18, 2010, 9,700 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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

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

The United States Citizenship and Immigration Service (USCIS) has extended the time period for information collection for Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document until July 23, 2010.

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

The purpose of the form: 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 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. 1615–0079 in the subject box.

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

As of June 11, 2010, 22,200 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of June 11, 2010, 9,400 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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

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

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

Big changes are coming to E-Verify in June that will enhance its usability, security, accuracy and efficiency. The newly redesigned E-Verify features a clean and modern design, easy and intuitive navigation, and clear and simple language. A new home page, a reimagined case alerts feature, improved case management and a streamlined tutorial are among the dozens of improvements coming to E-Verify.

Check out the new E-Verify Redesign section of the E-Verify website to learn more about what’s coming and how to prepare. The new section highlights several of the exciting new features and offers information on how to get a sneak preview in June before the site launches.

Want to know more about the redesigned E-Verify? USCIS is offering a sneak preview Webinar the week before the new site is launched. The 90-minute Webinar will be conducted by a member of the redesign team and will feature a presentation of the changes as well as a question and answer session.

E-Verify Redesign Sneak Preview

Wednesday, June 16, 2010, at 10:00 a.m. EDT and 3:30pm EDT. Space is limited, click here to register for the E-Verify Webinar.

IMPORTANT NOTICE for EMPLOYERS ALREADY ENROLLED IN E-VERIFY:
In conjunction with the redesign of the E-Verify web interface, employers will be required to complete the new on-line tutorial before being able to E-Verify new workers.

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.

Secretary Janet Napolitano of the Department of Homeland Security (DHS) announced on June 3, 2010 that the U.S. and France have established an arrangement to implement the Immigration Advisory Program (IAP), which allows for the identification of high-risk travelers at foreign airports before they board aircraft bound for the U.S. This arrangement has been launched at Paris’ Charles De Gaulle International Airport. A similar arrangement was entered into on July 1, 2009, implementing IAP at Madrid Barajas International Airport.

The purpose of the IAP is to allow specialized U.S. Customs and Border Protection (CBP) personnel posted in foreign airports to utilize current targeting and passenger analysis information and/or an assessment of passengers’ documentation to identify high-risk persons bound for the U.S. and to make “no board” recommendations to carriers and host governments.

Secretary Napolitano believes that the IAP arrangements will enhance the capabilities of both the U.S. and foreign countries in which we have collaborated with to protect our immigration systems as well as the global aviation network from abuse by terrorists and transnational criminals.

DHS currently has IAP arrangements with seven (7) countries and operates at nine (9) locations.

For more information, please visit www.dhs.gov

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

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

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

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

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

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for three alien workers for the position of “Senior Programmer Analyst."

The employer filed a LC which was accepted for processing on August 15, 2007. ETA Form 9089 indicated that the job duties consisted of “design, develop, plan, coordinate and implement advance software module components in complex computing environment. For specific skills, the employer required: C++, ASP, COM/DCOM, Scripting, Win NT/2000/98, UNIX, Oracle and VB. Thereafter, the CO issued an Audit Notification letter requesting evidence of recruitment and other required documentation. The Employer responded by submitting copies of its newspaper advertisements, as well as the other required documentation. Thereafter the CO denied certification for several reasons: (1) the Notice of Filing did not contain the location of the job opportunity; and (2) the Employer did not provide adequate documentation of the mandatory print advertisements as requested. Specifically, the tear sheets submitted were not legible. The Employer responded by requesting reconsideration and submitted enlarged, legible copies of its newspaper advertisements. The CO issued a letter of reconsideration indicating that denial was proper because the advertisements contained additional job requirements not listed on the ETA Form 9089. Specifically, the newspaper advertisements stated that travel was required for the position.

PERM Regulation 20 C.F.R. § 656.17(f)(7) controls and it provides:

Advertisements placed in newspapers of general circulation or in professional journals must “not contain wages or terms and conditions of employment that are less favorable than those offered to the alien.”

In the instant case, the advertisements stated that travel was required for the position, which was not listed on Form ETA 9089. In Summary, since the Employer did not include the travel requirement as a requirement for the position on ETA Form 9089, the Employer’s conditions of employment in its newspaper advertisement were less favorable than those offered to the Alien, in violation of 20 C.F.R. § 656.17(f)(7).

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

Matter of Xpedite Technologies, Inc.

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

As of May 28, 2010, 20,800 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of May 28, 2010, 8,700 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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

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

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.

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination
of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Property Real Estate and Community Association Manager.”

The employer filed a LC which was accepted for processing on December 8, 2008. On September 30, 2009, the CO denied the application because the Employer indicated on Form ETA 9089 that it placed its second advertisement on Craigslist, which the CO indicated was not a newspaper or a professional journal. The Employer thereafter requested reconsideration and in its request argued that it was denied due process because it had not been provided adequate notice of the regulatory violation.

PERM Regulation 20 C.F.R. § 656.17(e) controls and it requires that an employer attest to having conducted recruitment prior to filing an application for permanent employment certification. The regulation goes on to provide that applicants involving both professional and non-professional occupations normally require the sponsoring employer to attest to having placed two print advertisements on two different Sundays in a newspaper of general circulation in the area of intended employment. In lieu of one of the Sunday newspaper advertisements, a sponsoring employer is allowed to place an advertisement in a professional journal. In the instant case, the Employer did not attempt to argue that Craigslist was a professional journal, but relied on the argument that it was denied due process because the CO raised an issue for the first time in its final decision, as the Employer based its reasoning on a series of pre-PERM BALCA decisions. Under the pre-PERM regulations, a CO would first issue a “Notice of Findings” (NOF) providing notice to an employer of any deficiencies upon which the CO proposed to deny certification. However, the PERM regulations eliminated the NOF/Rebuttal procedure. The Board found that the CO’s denial of the application without prior notice of the grounds for denial did not violate the PERM regulations.

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

Matter of WP Realty Inc.

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

As of May 14, 2010, 19,000 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of May 14, 2010, 8,100 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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

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

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

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

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

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

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

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

As of May 6, 2010, 18,000 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of May 6, 2010, 7,600 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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

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

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.

After an investigation conducted by U.S. Immigration and Customs Enforcement (ICE), and the U.S. Department of Labor’s Office of Inspector General in Chicago, the president and office manager of two Bensenville, Illinois, temporary staffing companies were charged with unlawfully hiring dozens of illegal aliens to form their labor pool. Each was charged with one count of unlawfully hiring illegal aliens between October 2006 and October 2007. The charges also seek forfeiture of $488,095, which was seized from various bank accounts as well as the Bensenville office. Additionally, the defendants allegedly paid their workers’ wages in cash and failed to deduct payroll taxes or other withholdings. According to the allegations, they repeatedly withdrew funds in the amount of $9,800 from bank accounts to pay their employee’s wages in cash, believing that withdrawing amounts less than $10,000 would avoid triggering the banks’ currency transaction reporting requirements. If convicted, unlawfully hiring illegal aliens carries a maximum penalty of five years in prison and a $250,000 fine.

It has become apparent that ICE aggressively targets employers who violate immigration laws by knowingly employing an illegal workforce. Gary Hartwig, special agent in charge for ICE Office of Investigations in Chicago provided, “Employers in all industries and locations must comply with the nation’s immigration laws if we are to have an effective immigration enforcement strategy in this county.”

The MVP Law Group, P.A. provides assistance to employers interested in establishing an effective employment compliance program which includes training administrative personnel and other employees. If you are interested, please contact our office.

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

As of April 27, 2010, 16,500 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of April 27, 2010, 6,900 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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

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

After an investigation conducted by U.S. Immigration and Customs Enforcement (ICE), a San Diego-area French bakery, along with its owner and a manager, were charged in a 16 count indictment. The indictment alleges that the defendants conspired to engage in a pattern or practice of hiring and continuing to employee unauthorized workers, a misdemeanor, in addition to 14 felony counts, including making false statements and shielding undocumented alien employees from detection. If convicted, the owner and manager of the bakery face a maximum of five years in prison and a $250,000 fine on each count. The indictment also seeks criminal forfeiture of proceeds gained from the corporation’s unlawful activities.

It has become apparent that ICE aggressively targets employers who violate immigration laws by knowingly employing an illegal workforce. Mike Carney, acting special agent in charge for ICE Office of Investigations in San Diego provided, “this indictment shows ICE’s commitment to holding businesses accountable when they repeatedly ignore immigration laws as it relates to their workforce. The goal of our enforcement is two-fold, first to reduce the demand for illegal employment and, second, to protect job opportunities for the nation’s lawful workforce.” In FY 2009, ICE worksite investigations resulted in a total of 410 criminal arrests, including 114 management personnel.

The MVP Law Group, P.A. provides assistance to employers interested in establishing an effective employment compliance program which includes training administrative personnel and other employees. If you are interested, please contact our office.

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Matter of Clearstream Banking S.A.

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.

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

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

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

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

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

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

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

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

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

Matter of Marcel Cleaners, Inc.

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.

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

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

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

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

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

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.

H-1B Nonimmigrant Visa Petitions should be filed on April 1, 2010 for Fiscal Year 2011, which begins on October 1, 2010 and ends September 30, 2011. The U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B visa petitions for professionals that count against the FY2010 cap on April 1, 2010. These professionals will be eligible to begin H-1B employment on October 1, 2010. In past years, the H-1B cap has been exceeded on the first day, April 1st.

If your company is interested in a consultation about this process, CONTACT OUR OFFICE IMMEDIATELY!

H-1B nonimmigrant visas are for professional foreign workers with a U.S. bachelor’s degree or its foreign equivalent. Congress allows 65,000 visas to be issued annually to qualifying foreign workers. An additional 20,000 H-1Bs are reserved for professional foreign workers who receive U.S. Master’s degrees. Employers petition the United States Citizenship and Immigration Services (USCIS) on behalf of the professional foreign worker beginning six months prior to the beginning of the upcoming fiscal year. Frequently, employers interested in utilizing the H-1B visa program contact an experienced Immigration Business Lawyer for a consultation about the process, determine eligibility, discuss applicable lawyer’s fees and filing fees, and so forth.

Employers looking to hire new H-1B professionals are urged to begin the H-1B petition process now.

Employers should review their employment needs and determine whether any foreign national employees will be requiring H-1B visas. This is extremely important where employers are planning to hire foreign nationals who will soon graduate from U.S. universities. While many of these individuals may already have an employment authorization card, you may still have to file an H-1B petition for them. For instance, if you plan to hire an individual that will graduate in May 2010, that individual’s employment authorization card will be valid through the end of May 2011. After May 2011, this individual will no longer be able to work for you unless you have already filed an H-1B petition for them on April 1, 2010 asking the USCIS to change their status to H-1B from October 1, 2010. H-1B status grants such an individual up to three years of employment authorization from October 1, 2010.

The H-1B cap does not apply to foreign nationals who already hold H-1B status and are seeking to change/transfer their H-1B employer and/or extend their H-1B stay in the United States.

DON'T DELAY...Contact MVP Law Group to begin the process TODAY!

Effective January 21, 2010, the Department of Labor's iCERT online system was updated to allow the submission of electronic prevailing wage determination requests. This electronic process was intended to allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal. However, at this time, this federalized electronic process has caused delays in the issuance of prevailing wage determinations.

Prior to January 1, 2010, the date of enactment of the Federalized Process, employers and/or their designated representative were able to obtain PWDs from their State Workforce Agencies (SWAs), which normally took between two (2) to fourteen (14) days or even a months time. Currently, requestors are waiting between thirty (30) to sixty (60) days to obtain a response from the DOL further delaying the commencement of a new PERM case, or the filing of an AC-21 Portability Case.

Requestors who have submitted PWD requests to the NPWHC by U.S. Mail between January 1, 2010 and January 21, 2010, the launch date of the iCERT PWD System have received a response in regards to their PWD requests. However, at this time, there appear to be delays in the issuance of PWDs through the national DOL office with both hard copy and electronically submitted requests since January 21, 2010.

According to many interactive blog posts by various Immigration Law Firms, the DOL has reportedly not acted on any requests submitted online. The DOL has been advised of this situation and the effect that it has upon the Employment Based Green Card (PERM) and H-1B programs, as obtaining a PWD is the starting point in the PERM process for most foreign workers.

The DOL has recently issued updated FAQs to assist employers and others. The FAQs provide that the Department will provide PWDs as quickly as possible, on a first in, first out order. They have advised that determination times will fluctuate as they work to centralize the process. Additionally, they recommend that requestors submit their prevailing wage requests at least 60 days in advance of the employers' initial recruitment efforts.

THE LATEST: Our office submitted an electronic PWD through the iCERT portal on March 8, 2010 and received the determination back on May 5, 2010. Clearly, PWDs are taking anywhere from 45-60 days to be issued by the DOL.

You may still submit hard copy PWD requests to the address listed below:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142

Or, you may submit electronic PWD requests through the iCERT portal.

Please be aware of the current delays and plan accordingly!

MVP Law Group will continue to monitor the situation and will provide you with any information that becomes available.

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.

H-1B Nonimmigrant Visa Petitions should be filed on April 1, 2010 for Fiscal Year 2011, which begins on October 1, 2010 and ends September 30, 2011. The U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B visa petitions for professionals that count against the FY2010 cap on April 1, 2010. These professionals will be eligible to begin H-1B employment on October 1, 2010. In past years, the H-1B cap has been exceeded on the first day, April 1st.

H-1B nonimmigrant visas are for professional foreign workers with a U.S. bachelor’s degree or its foreign equivalent. Congress allows 65,000 visas to be issued annually to qualifying foreign workers. An additional 20,000 H-1Bs are reserved for professional foreign workers who receive U.S. Master’s degrees. Employers petition the United States Citizenship and Immigration Services (USCIS) on behalf of the professional foreign worker beginning six months prior to the beginning of the upcoming fiscal year. Frequently, employers interested in utilizing the H-1B visa program contact an experienced Immigration Business Lawyer for a consultation about the process, determine eligibility, discuss applicable lawyer’s fees and filing fees, and so forth.

If your company is interested in a consultation about this process, CONTACT OUR OFFICE IMMEDIATELY!

Employers looking to hire new H-1B professionals are urged to begin the H-1B petition process now.

Employers should review their employment needs and determine whether any foreign national employees will be requiring H-1B visas. This is extremely important where employers are planning to hire foreign nationals who will soon graduate from U.S. universities. While many of these individuals may already have an employment authorization card, you may still have to file an H-1B petition for them. For instance, if you plan to hire an individual that will graduate in May 2010, that individual’s employment authorization card will be valid through the end of May 2011. After May 2011, this individual will no longer be able to work for you unless you have already filed an H-1B petition for them on April 1, 2010 asking the USCIS to change their status to H-1B from October 1, 2010. H-1B status grants such an individual up to three years of employment authorization from October 1, 2010.

The H-1B cap does not apply to foreign nationals who already hold H-1B status and are seeking to change their H-1B employer and/or extend their H-1B stay in the United States.

Contact MVP Law Group to begin the process now!

The Department of State (DOS) has designated Saturday, March 27th as “Passport Day in the USA.” The DOS knows that Americans lead very busy lives and as such wanted to make the process of obtaining or renewing a U.S. passport as convenient as possible. On March 27th, all of the regional passport agencies will open to the public for extended Saturday hours. Passport seekers around the country will be able to walk into any of the passport agencies without appointments and without needing to show proof of imminent travel. Additionally, thousands of passport acceptance facilities, including those operated by the U.S Postal Service, will be open for extended hours to assist travel-hungry customers.

The first Passport Day in the USA was held last year and on that day, more than 57,000 passport applications were received nationwide. Due to the addition of new passport agencies in Detroit, MI; Dallas, TX; Minneapolis, MN; and Tucson, AZ, the DOS expects even more Americans to join in celebrating Passport Day in the USA.

Each passport facility is publishing details of their events in their local communities. Customers can find addresses of the nearest passport agency or participating passport acceptance facility on the DOS website.

The DOS Press Release also made reference to the proposed passport fee increases – total cost for a first time applicant aged 16 and older, applying for a passport book would be $135, and for those younger than 16, the price would be $105. Additionally, the cost of a passport card for a first time applicant 16 or older would run at $55 and at $40 for those younger than age 16. Passport books and cards for those aged 16 and older are valid for a period of 10 years, whereas they are only valid for a period of 5 years for those younger than 16. Currently, the public comment period for the proposed passport fee increases ends on March 11, 2010, and Brenda Sprague, Deputy Assistant Secretary for Passport Services indicated that if the fees are to be increased they would not be implemented until April with enough notice to the general public.

Accordingly, the proposed passport fee increases will not affect Passport Day in the USA this year. The current cost of a new passport book for an individual 16 or older is $100, and $85 for anyone younger than 16. The current cost to renew a passport book for an individual 16 or older is $75, and $85 for anyone younger than 16. The cost of a passport card for an applicant 16 or older is $55, and $35 for an applicant younger than 16. The current cost to renew a passport book for an individual 16 or older is $20, and $35 for anyone younger than 16.

The DOS comes from the perspective that the U.S. passport book and card are not just for travel anymore because they serve as proof of a bearer’s identity as well as of U.S. citizenship, something other portable documents do not do. Having a U.S. passport book or card means that wherever you go domestically or internationally, you can prove that you are a U.S. citizen entitled to the many benefits of U.S. Citizenship.

If you are a U.S. citizen and do not have a U.S. Passport or need to renew your passport, please visit your nearest passport agency or participating passport acceptance facility on Saturday, March 27, 2010.

Saturday, March 27, 2010 is PASSPORT DAY IN THE USA!

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Mixing and Blending Machine Setters, Operators & Tenders."

The employer filed a LC which was accepted for processing on May 17, 2007. ETA Form 9089 indicated that the position was a nonprofessional occupation. The CO denied certification on the grounds that the job order was not placed with the State Workforce Agency (SWA) for a period of 30 days in violation of the regulations. The Employer responded by requesting reconsideration stating that it had placed two different job orders but did not provide any supporting evidence that reflected proof of either of the posting dates listed on Form 9089. The Employer further added that “any errors are immaterial and minor in the overall effect and outcome of the labor certification.” The CO issued a letter of reconsideration finding that the application was denied because the job order placed with the SWA was not posted for a period of 30 days.

PERM Regulation 20 C.F.R. § 656.17 (e) controls and it provides:

(2) Nonprofessional occupations: If the application is for a nonprofessional occupation, the employer must at a minimum, place a job order and two newspaper advertisements within 6 months of filing the application. The steps must be conducted at least 30 days but no more than 180 days before the filing of the application.

(i) Job Order. Placing a job order with the SWA serving the area of intended employment for a period of 30 days. The start and end dates of the job order entered on the application serve as documentation of this step.

In the instant case, the Employer did not place the job order with the SWA for a period of 30 days. As Form 9089 indicates, the first job order was placed for only a period of 29 days, and the second job order would have run afoul of the regulations, as it was filed less than 30 days before submission of the application. Additionally, the Employer did not produce any evidence of either of the job orders. BALCA stated that failure to post a job order for a period of thirty days is a substantive violation of the regulations.

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

Matter of Monir Attar, Inc.

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.

U.S. Immigration and Customs Enforcement (ICE) launched a bold new audit initiative in 2009 to combat the problem of hiring of an illegal workforce.

On March 2, 2010, 180 businesses in Louisiana, Mississippi, Alabama, Arkansas, and Tennessee were served with Notice of Inspections (NOIs) indicating that ICE would inspect their hiring records (Form I-9) to determine whether they are in accordance with the employment eligibility verification laws and regulations.

Audits involve a comprehensive review of Form I-9s. Form I-9 must be completed and retained for each new hire. Under the Immigration Reform and Control Act of 1986 (“IRCA”), all employers must verify that every person that is hired is either: a U.S. citizen, a lawful permanent resident, or a foreign national with authorization to work in the U.S. Within three business days of beginning the job, a new employee must furnish identity and employment eligibility documents (i.e., passport, permanent resident card, employment authorization card, driver’s license, birth certificate, military id, etc). It is the responsibility of the employer to examine the documents to determine whether they are genuine and relate to the specific employee. Once the I-9 form is completed, they are to be kept in office for the longer of three years after employment begins or one year after employment is terminated. Most importantly, if an employee has temporary employment authorization, a re-verification of employment eligibility must be conducted prior to expiration of the employment authorization.

DHS/ICE officers conduct an estimated 60,000 I-9 audits a year on employers around the country and have issued fines in excess of $1,000,000. Additionally, each mistake on an I-9 Form counts as a separate violation. All employers are further subject to civil and criminal penalties for knowingly hiring or continuing to employ aliens who are not authorized to work in the U.S.

In the News Release announcing the issuance of the NOIs, Raymond R. Parmer, Jr. acting special agent in charge of the ICE Office of Investigations in New Orleans stated that “ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This effort is a first step in ICE’s long-term strategy to address and deter illegal employment.”

Accurate completion of I-9 forms is a good faith defense to a charge of hiring unauthorized workers. Therefore, the best way for an employer to avoid IRCA problems is to establish a meaningful I-9 audit system.

If you are interested in conducting an internal I-9 Audit to ensure your company’s compliance with the employment eligibility verification laws and regulations, contact our office today.

Effective January 21, 2010, the Department of Labor's iCERT online system was updated to allow the submission of electronic prevailing wage determination requests. This electronic process was intended to allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal. However, at this time, this federalized electronic process has caused delays in the issuance of prevailing wage determinations.

Prior to January 1, 2010, the date of enactment of the Federalized Process, employers and/or their designated representative were able to obtain PWDs from their State Workforce Agencies (SWAs), which normally took between two (2) to fourteen (14) days or even a months time. Currently, requestors are waiting between thirty (30) to sixty (60) days to obtain a response from the DOL further delaying the commencement of a new PERM case, or the filing of an AC-21 Portability Case.

Requestors who have submitted PWD requests to the NPWHC by U.S. Mail between January 1, 2010 and January 21, 2010, the launch date of the iCERT PWD System have received a response in regards to their PWD requests. However, at this time, there appear to be delays in the issuance of PWDs through the national DOL office with both hard copy and electronically submitted requests since January 21, 2010.

According to many interactive blog posts by various Immigration Law Firms, the DOL has reportedly not acted on any requests submitted online. The DOL has been advised of this situation and the effect that it has upon the Employment Based Green Card (PERM) and H-1B programs, as obtaining a PWD is the starting point in the PERM process for most foreign workers. Although the DOL is aware of the situation, no guidance, alternative route or explanation has been made available, as it is now March 4, 2010 and the delays continue.

You may still submit hard copy PWD requests to the address listed below:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142

Or, you may submit electronic PWD requests through the iCERT portal.

Please be aware of the current delays and plan accordingly!

MVP Law Group will continue to monitor the situation and will provide you with any information that becomes available.

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.

The United States Citizenship and Immigration Services (USCIS) has issued information collection for Form I-129, Petition for Nonimmigrant Worker until April 9, 2010.

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

The purpose of this form is for employers to petition for an alien to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-1C, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. Employers may also use this form to request an extension of stay or change of status for an alien as an E-1, E-2, or TN nonimmigrant.

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, Suite 3008
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. 1615-0009 in the subject box.

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

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

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

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

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

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 American Immigration Lawyers Association (AILA) U.S. Customs and Border Protection (CBP) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies.

The CBP inspector’s questions focused on (1) who the individuals worked for, (2) how their pay was computed, (3) who paid their salary, (4) their job duties, and (5) what they were paid. According to the reports, some individuals were subjected to expedited removal and visa cancellation.

After inquiring with CBP headquarters about these alleged incidents, the CBP Liaison Committee was advised that many of the cases involved in the allegations involved companies currently under investigation by U.S. Immigration and Customs Enforcement (ICE) and/or U.S. Citizenship and Immigration Services (USCIS) for ongoing fraud. The CBP provided that upon an inadmissibility finding, the determination to either allow the applicant to withdraw his or her application for admission or to subject the applicant to expedited removal was based on “the totality of the circumstances” and was reviewed on a “case-by-case” basis. The CBP also confirmed that they screen ALL employment-based visa holders to determine admissibility and ensure compliance with entry requirements.

AILA was provided with additional news regarding a new policy instituted at Newark Airport dealing with random checks of returning H-1B, L-1 and other employment-based visa holders. Based upon the initial check, if the person’s admissibility is questionable, then he or she will be sent to secondary inspection for further review, and if questions still surround the person’s admissibility they may possibly be asked to withdraw his/her application for admission to the U.S. or be subject to expedited removal.

The Newark Airport port of entry has another policy regarding Lawful Permanent Residents (LPRs). The Airport has a mandatory detention policy for returning LPRs who have a post-1998 conviction. There are several exceptions to detainment for humanitarian reasons, and if the CBP cannot get a copy of the conviction record within 24 hours, the person may be released.

Moving Forward:
Employment Based Immigration applicants - If you must travel outside of the U.S., you should thoroughly prepare for your return trip to the U.S. by reviewing all pertinent documents, as well as carrying certain evidence to support assertions made in the petition. Certain evidence may include but is not limited to the following: pay stubs, employment verification letter, income tax returns, W-2 Forms, Employment offer letter, Employment Agreement.

Petitioning Employers – You must be prepared for inquiries from CBP officers to confirm the assertions made in any nonimmigrant petition. Additionally, you should keep and maintain adequate employee personnel and inspection files, and keep public information as accurate and current as possible.

Additionally, please note that the USCIS has revised I-797 Approval notices to include the following fraud related language:

NOTICE – Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition, and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information and records, contact by correspondence, the Internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners and representatives of record will be provided an opportunity to address derogatory information before any formal proceeding is initiated.

Source: AILA InfoNet Doc. No. 10020237 (Posted 2/2/2010)

Due to the passage of the Employ American Worker Act (EAWA), the USCIS is required to collect Troubled Assets Relief Program (TARP) information on each H-1B petitioning employer. Under the EAWA legislation, any company that has received TARP funding and seeks to hire new H-1B workers is considered an “H-1B dependent employer.” An H-1B dependent employer must make additional statements to the U.S. Department of Labor (DOL) regarding the recruitment and non-displacement of U.S. workers when filing a Labor Condition Application (LCA).

After enactment of EAWA, USCIS revised its Form I-129, Petition for Non-immigrant Worker, to include a question asking whether the employer has received TARP funding.

It has come to the attention of the USCIS that some businesses who have received TARP funds may have repaid their obligations and may not know how to proceed with completing Form I-129 when filing for new H-1B hires.

• If you received TARP funds and have repaid your obligations, then answer “NO” to the question regarding TARP funding on Form I-129. If you wish to provide further information on the repayment of your obligations, you may do so and include that information with the H-1B petition.
• If you received TARP funds and have not repaid your obligations, then you must answer “YES” to the question regarding TARP funding, and must provide the additional statements regarding recruitment and non-displacement of U.S. workers on the LCA.
• If you submitted an LCA which includes the additional statements, but answer “NO” to the TARP funding question on Form I-129, you may explain the circumstances of the inconsistency of your answers. For instance, you received TARP funding at the time of filing the LCA but repaid the obligation before filing Form I-129.

Please be aware that if you indicate on the petition that you are subject to TARP funding, but the LCA does not contain the proper additional statements relating to H-1B dependent employers, USCIS has advised that they will deny the H-1B petition.

As immigration law is already complex is nature, it is important to have an attorney experienced in the field, who is ready and willing to advise when changes occur. Contact MVP Law Group if you have any further questions regarding EAWA, and its effect on your company.

The Director of the United States Citizenship and Immigration Service (USCIS), Alejandro Mayorkas and Los Angeles Mayor Antonio Villaraigosa have entered into an agreement to strengthen and enhance local immigrant integration efforts. Launched as a pilot, this agreement will remain in effect for two (2) years with evaluations conducted by the USCIS to analyze the program’s effectiveness and to determine whether this partnership may be replicated in other locations.

The purpose of the partnership initiative is to strengthen immigrant integration efforts in Los Angeles through proactive citizenship awareness, education and outreach activities. The partnership has planned a series of informational sessions as well as other activities for Los Angeles residents where USCIS educational materials highlighting the benefits and process of U.S. Citizenship will be available at city facilities.

Mayor Villaraigosa provided that “this outreach campaign is a model of cooperation and civic empowerment that will help enrich America’s continued success as a nation of immigrants.”

Read the entire article

The Board of Alien Labor Certification Appeals (BALCA) recently reversed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Household Assistant.

The employer filed a LC which was accepted for processing on June 5, 2006. On September 20th, the CO denied the application because several required selections on the form had not been made by the Employer. The Employer thereafter requested reconsideration at the end of October. In its request for reconsideration, the Employer’s attorney provided responses to the omissions and believed that the request for reconsideration was to determine that the 30 day deadline had not elapsed. The Employer argued that each of the omissions was not material to the adjudication of the application as other information provided within the form answered the essential questions posed by the form. The Employer clearly stated in the motion for reconsideration that it was providing reasons for omissions in the event that the CO accepted the motion despite its lack of timeliness. Thereafter the CO accepted the Employer’s explanations for several of the selections, but found that the denial was valid because the Employer still did not provide information on what should be completed for the omitted selections. On appeal, the CO moved to dismiss the appeal on the ground that it was not timely. The Employer thereafter filed a response opposing the CO’s motion to dismiss.

PERM Regulation 20 C.F.R. § 656.17(a) controls and it requires that an employer who desires to apply for a labor certification on behalf of an alien must file a completed Department of Labor (DOL) Application for Permanent Employment Certification (ETA Form 9089). The regulation goes on to provide that incomplete applications will be denied. In the instant case, the Board found that the CO waived the issue of timeliness and made their decision based upon the materiality of the omissions. The Board recognized that some omissions may not be material to the review of the substance of an application and stated that the Employer made reasonable arguments as to why, in context, the omissions all were not material; however, the CO proffered no explanation for why the omissions prevented a complete review of the application.

Accordingly, the Board declined to affirm the decision of the CO in denying labor certification and returned the matter to the CO for the issuance of a labor certification.

Matter of Ben Pumo

On January 14, 2010, Attorney General Andrew M. Cuomo obtained a temporary restraining order against the International Immigrants Foundation, Inc. (“IIF”), International Professional Association, Inc. (“IPA”), and their President Edward Juarez.

As a result of the order, the organizations must refrain from providing immigration services and from soliciting new clients. To help handle the organizations’ existing clients and to protect innocent victims, the Office of the AG and several New York legal associations have made a plan to coordinate their efforts.

The Attorney General filed a lawsuit against these organizations alleging that they have been defrauding immigrants with false promises of citizenship, engaging in the unauthorized practice of law, and illegally charging exorbitant fees for services.

It has become apparent that Attorney General Cuomo is cracking down on fraudulent and unauthorized immigration-related services in New York. In the past few months, the Attorney General shut down four businesses for providing legal services to thousands of immigrants without being licensed to do so.

To read more…

If you have been a victim of immigration assistance fraud, please contact the Attorney General’s Immigration Services Fraud Unit Hotline at (866) 390-2992 or visit www.ag.ny.gov.

The United States Citizenship and Immigration Service (USCIS) has published a brochure titled: “Don’t Be a Victim of Immigration Fraud,” which provides basic information on how to protect yourself and avoid becoming a victim.

The Director of the United States Citizenship and Immigration Service (USCIS), Alejandro Mayorkas has recently issued a response to the recommendations of the Citizenship and Immigration Services Ombudsman regarding the temporary acceptance of Labor Condition Applications (LCAs) for certain H-1B filings.

Until March 9, 2010, the USCIS Service Centers will continue to accept H-1B petitions filed without certified LCAs. However, the only H-1B petitions that will be accepted are those that have been filed at least seven (7) calendar days after the LCAs were filed with the Department of Labor (DOL). The only acceptable proof of the submission of the LCA for certification with the DOL is a copy of the DOL’s email giving notice of receipt of the LCA.

Those that do take advantage of the temporary acceptance of these certain H-1B filings must wait until they receive a Request for Evidence (RFE) before submitting the certified LCA to USCIS. The LCA submitted in response to receiving an RFE must be the same LCA filed with the original petition and it must be submitted within 30 calendar days of receipt of the RFE requesting such documentation.

Additionally, Director Mayorkas has indicated that the USCIS will continue to excuse late filings whereby the delay in filing the petition was related to LCA issuance delays beyond the control of the petitioner and/or denials by DOL due to Federal Employer Identification Number (FEIN) check issues.

Those that would like for the USCIS to consider a late filing should be prepared to submit evidence showing that the filing delay was through no fault of their own along with the H-1B petition.

The Administrative Appeals Office (AAO) Processing Times were released on January 28, 2010 with processing dates as of January 4, 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 23 months. Most other cases are within USCIS's processing time goal of 6 months or less.

In support of an H-1B petition, a petitioner must not only establish that the beneficiary is coming to the United States temporarily to work in a specialty occupation but the petitioner must also satisfy the requirement of being a U.S. employer by establishing that a valid employer-employee relationship exists between the U.S. employer and the beneficiary throughout the requested H-1B validity period. The Petitioner must also file an LCA specific to EACH location where the beneficiary will be working.

“United States employer,” is defined at C.F.R. 214.2(h)(4)(ii) as follows:
United States employer means a person, firm, corporation, contractor, or other association, or organization in the United States which:

(1) Engages a person to work in the United States;
(2) Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee; and
(3) Has an Internal Revenue Service Tax identification number.

In considering whether or not there is a valid “employer-employee relationship” for purposes of H-1B petition adjudication, USCIS must determine if the employer has a sufficient level of control over the employee. Level of control meaning right to control, which is different from actual control. An employer may have the right to control the beneficiary’s job related duties and yet not exercise actual control over each function performed by that beneficiary. The employer-employee relationship hinges on the RIGHT to control the beneficiary.

Evidence which helps to establish the employer-employee relationship between Petitioner and Beneficiary:

INITIAL PETITION
• A complete itinerary of services or engagements that specifies the dates of each service or engagement, the name and addresses of the actual employer, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested;
• Copy of signed employment agreement between the petitioner and beneficiary detailing the terms and conditions of employment;
• Copy of an employment offer letter that clearly describes the nature of the employer-employee relationship and the services to be performed by the beneficiary;
• Copy of relevant portions of valid contracts between the petitioner and a client (in which the petitioner has entered into a business agreement for which the petitioner’s employees will be utilized) that establishes that while the petitioner’s employees are place at the third party worksite, the petitioner will continue to have the right to control its employees;
• Copies of signed contractual agreements, statements of work, work orders, service agreements, and letters between the petitioner and the authorized officials of the ultimate end-client companies where the work will actually be performed by the beneficiary, which provide information such as a detailed description of the duties the beneficiary will perform, the qualifications that are required to perform the job duties, salary, or wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, and any other related evidence;
• Copy of position description or any other documentation that describes the skills required to perform the job offered, the scours of the instrumentalities and tools needed to perform the job, the product to be developed or the service to be provided, the location where the beneficiary will perform the duties, the duration of the relationship between the petitioner and beneficiary, whether the petitioner has the right to assign additional duties, the extent of petitioner’s discretion over when and how long the beneficiary will work, the method of payment, the petitioner’s role in paying and hiring assistants to be utilized by the beneficiary, whether the work to be performed is part of the regular business of the petitioner, the provision of employees benefits, and the tax treatment of the beneficiary in relation to the petitioner;
• Description of the performance review process; and or
• Copy of petitioner’s organizational chart, demonstrating beneficiary’s supervisory chain

EXTENSION PETITIONS
• Copies of the beneficiary’s pay records (leave and earnings statements, and pay stubs, etc) for the period of the previously approved H-1B status;
• Copies of the beneficiary’s payroll summaries and/or Form W-2s, evidencing wages paid to the beneficiary during the period of previously approved H-1B status;
• Copy of time sheets during the period of previously approved H-1B status;
• Copy of prior years’ work schedules;
• Documentary examples of work product created or produced by the beneficiary for the past H-1B validity period ( copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, designs, blueprints, newspaper articles, web-site text, news copy, photographs of prototypes, etc) NOTE: the materials must clearly substantiate the author and date created;
• copy of dated performance review(s); and/or
• copy of any employment history records, including but not limited to, documentation showing date of hire, dates of job changes, (e.g. , the petitioner is able to demonstrate that it did not meet all the terms and conditions through no fault of its own). Such a limited exception will be made solely on a case-by-case basis.

Request for Evidence (RFE)
If Requests for Evidence (RFE) are made, such RFEs, must specifically state (1) what is at issue (e.g., the petitioner has failed to establish through evidence that a valid employer-employee relationship exists) and (2) be tailored to request specific types of evidence from the petitioner that go directly to what USCIS deems as deficient. The RFE should neither require that a specific type of evidence be provided, unless provided for by regulations (e.g., an itinerary of service dates and locations), nor should it request information that has already been provided in the petition. Officers should state what element the petitioner has failed to establish and provide examples of documentation that could be provided to establish H-1B eligibility.

WHAT IS ULTIMATELY REQUIRED?
Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being “benched” without pay between assignments.

Source: AILA InfoNet Doc. No. 10011363 (Posted 1/13/2010)

If you have any questions relating to the information summarized above, please do not hesitate to contact our office to schedule a consultation.

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.

FYI - The American Immigration Lawyers Association (AILA) has reported a glitch in the issuance of Advance Parole Documents during the first part of January 2010. The date of issuance on the documents is noted as January 1990 instead of 2010.

USCIS has identified all of the cases in which the wrong date was issued, and will issue revised forms as soon as the software issue is corrected.

***No further action will be necessary to receive a corrected document***

If you need to travel urgently and you have received a document with an invalid issue date, then you may travel using the incorrect document. U.S. Customs & Border Protection (CBP) has been alerted however, you may be questioned about the issuance date. Therefore, please print this explanation to share with CBP if necessary.

$450 flat fee (no admin fee) for filing both EAD and Advance Parole per applicant

OR

$200 + $50(admin fee) if filing either EAD or Advance Parole separately

Our normal legal fees are $250 + $50(admin fee) per application

**If an RFE is received, an additional legal fee will be required to respond**

Contact our office to process your EAD and Advance Parole Renewal!

FREQUENTLY ASKED QUESTIONS:

Question: How soon can I renew my EAD and Advance Parole (AP)?
Answer: You can file the renewal 120 days prior to the expiration date. However, AP applicants are advised to reapply within 30 days or less remaining on their current I-131 document.

Question: I have a valid H-1B. Do I need to renew EAD and AP?
Answer: No. You do not have to renew your EAD or AP. According to the new USCIS guidance issued last November, People on L1 or H-1B status can travel without AP. However, it is advisable to renew the EAD and AP as a precautionary measure if you plan to travel. For instance, if you travel outside the U.S. and you are not allowed back into the U.S. by customs on H-1B for any given reason, you can always come back in with AP and ensure that your adjustment of status proceeding continues.

Question: My spouse has H4 and is currently not working; do I need to renew EAD? Can I renew later when I need it?
Answer: You do not need to renew EAD. You can reapply for EAD anytime while your I-485 is pending.

Question: How long does it take to get a new EAD and AP?
Answer: Current processing times can be viewed on the USCIS website.

Question: My H-1B is expiring, should I extend H-1B or be on EAD?
Answer: You can work on EAD while your adjustment of status application (I-485) is pending. However, in the unforeseen event that your adjustment of status application is denied by the USCIS, you would fall out of status. Therefore, it is a good idea to maintain H-1B status as long as you can. However, this is decision that you have to make.

Question: Can I renew AP while I am outside the U.S.?
Answer: No

Question: What happens if my EAD expires and I’m still waiting for an approval of 485 while I am working?
Answer: If not on valid H-1B/L status, you cannot work until you get an approval.

Question: If I am currently on O1 status, and would like to travel, should I apply for AP and EAD, or just AP?
Answer: If you are on a nonimmigrant status other than H-1B, H-4, L-1, or L-2, you should obtain an AP, but EAD is not needed. Problems could occur while traveling, especially when attempting to reenter the U.S. Therefore, it is recommended that if you are not on H-1B/L status, that you should obtain both an EAD and AP if you wish to travel outside the U.S. while your I-485 is pending.

Question: What is the validity period for the EAD card?
Answer: As of June 30, 2008, USCIS will issue EAD valid for two years for individuals who qualify. The new two-year EAD is only available to individuals who have filed Adjustment of status I-485 and are unable to become a lawful permanent resident because an immigrant visa number is not currently available.

Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.

Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.

BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.

Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.

Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141.

Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142

In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.

The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools .

The schools listed have all been certified to participate in the program. The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University. The Department of Homeland Security (DHS) created a web based system called the Student Exchange Visitor System (SEVIS) which maintains information on the foreign students accepted into the program. The SEVIS monitors the students for the duration of their approved stay, as required by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996.

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

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

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

The Administrative Appeals Office (AAO) Processing Times were released on December 31, 2009 with processing dates as of December 2, 2009

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 26 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 received sufficient H-1B petitions to reach the statutory cap of 65,000 for FY2010.

New H-1B Petitions filed after December 21, 2009 seeking an employment start date in FY2010 will be rejected by USCIS. Furthermore, the Service will apply a computer-generated random selection process to all petitions that were eligible and received on December 21, 2009.

Stay posted for H-1B filing specials for the FY2011 H-1B CAP!

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

As of December 15, 2009, 64,200 H-1B cap subject non-immigrant visa petitions have been filed with the USCIS.

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

Stay posted for future FY2010 H-1B Cap updates AND H-1B filing specials for H-1B FY2011 CAP!

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

As of December 10, 2009, 62,500 H-1B cap subject non-immigrant visa petitions have been filed with the USCIS.

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

Stay posted for future FY2010 H-1B Cap updates AND H-1B filing specials for H-1B FY2011 CAP!

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.

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

As of December 8, 2009, 61,500 H-1B cap subject nonimmigrant visa petitions have been filed with the USCIS.

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

Stay posted for future FY2010 H-1B Cap updates!

The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools .

The schools listed have all been certified to participate in the program. The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University. The Department of Homeland Security (DHS) created a web based system called the Student Exchange Visitor System (SEVIS) which maintains information on the foreign students accepted into the program. The SEVIS monitors the students for the duration of their approved stay, as required by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996.

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

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

If you need assistance in or an explanation of the SEVP/SEVIS, please contact our office for a consultation.

The United States Customs and Border Protection (CBP) issued a news release announcing that there is NO REQUIREMENT that travelers show proof of H1N1 Flu vaccination. No such vaccination requirement exists.

The CBP issued this release as a result of several rumors related to U.S. entry and the H1N1 virus.

The CBP encourages travelers to visit Flu.gov for tips on seasonal flu prevention, and cpb.gov for helpful traveling tips.

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

As of December 4, 2009, 61,100 H-1B cap subject nonimmigrant visa petitions have been filed with the USCIS.

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.

Normally, a few thousand visas are reserved for professionals from Chile and Singapore; however, a large number of those visas have been made available under the general cap of 65,000.

Stay posted for future FY2010 H-1B Cap updates.

Effective January 1, 2010, the Office of Foreign Labor Certification (OFLC) National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC, will receive and process prevailing wage determination (PWD) requests for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs.

On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.

Furthermore, beginning on January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.

Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141.

Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142
*The DOL is in the process of developing an electronic means for the submission of PWD requests. Until this process is completed, all PWD requests made on and after 1/1/2010 must be submitted via hard copy to the address provided above.

In summary, State Workforce Agencies (SWAs) and the Chicago NPC are to Cease Processing PWD Requests Received on and After January 1, 2010. All PWD Requests on and after 1/1/2010 will be centralized and processed at the DOL Washington, D.C. office.

The one exception to this is PWD requests for the Commonwealth of the Northern Mariana
Islands (CNMI); the NPWHC will begin receiving and processing those effective November 28, 2009.

74 FR 63796 (12/4/09)

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

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

As of November 27, 2009, 58,900 H-1B cap subject nonimmigrant visa petitions have been filed with the USCIS. The Service has advised that they will continue to accept petitions until the cap is reached.

Qualifying applicants are still able to petition for an H-1B nonimmigrant visa under the general cap.

If you or your company need assistance in filing for an H-1B nonimmigrant visa, contact our office today at 1-800-447-0796.

$950 flat fee (no admin fee) for filing Form N-400 + One Hour of Individualized Review

*Additional $750.00 for Attorney to Attend Naturalization Interview

Our normal legal fees are $1000 + $150(admin fee) per application

Contact our office to apply for Naturalization/Citizenship

Special Runs from November 23, 2009 until December 31, 2009!

The required documents for applying for Naturalization are as follows:
1. Copy of Permanent Residence Card
2. Copy of Spouse/Parent - Certificate of Citizenship/Birth Certificate (if applicable)
3. Copy of complete passports, visa and I-94 card
4. Marriage certificate (if applicable)
5. Divorce decree or death certificate (if applicable)
6. Children’s Certificate of Citizenship (if applicable)
7. Two (2) colored passport style photographs for each applicant
8. Certified copies of federal income tax forms that you filed for the past five years
9. Application fee in the amount of $675.00 (Check made payable to U.S. Department of Homeland Security- DO NOT ABBREVIATE)

DETAILS OF SPECIAL OFFER:

At MVP Law Group, we offer high quality legal services at cost efficient rates with an individualized hands-on approach for each and every client. Contact our office for your Naturalization needs. From the onset, you will receive individualized attention from the initial client meeting up until your Naturalization interview. We will discuss with you the advantages of U.S. Citizenship, the process and time frame for applying; provide you with study materials and when you’re ready, devote an hour of personal attention to help you prepare for your Naturalization interview.

FREQUENTLY ASKED QUESTIONS:

Question: What are some of the benefits of U.S. citizenship?
Answer: There are certain benefits to becoming a U.S. citizen, such as higher estate tax exemptions, federal job benefits, greater freedom of travel to other countries and most importantly, the right to vote. In addition there are certain federal grants and scholarships available only to U.S. citizens.

Question: What are the continuous residence and physical presence requirements for Naturalization?
Answer: The law generally requires that applicants for naturalization must have resided continuously in the United States during a period of 5 years before applying (3 years in the case of qualified spouses of U.S. citizens). Applicants are also generally required to have been physically present in the United States for at least half of that required period of time.

Question: What is the procedure for applying for Naturalization?
Answer: Once you have completed and submitted your Form N-400, Application for Naturalization, and you have had your fingerprints taken at a USCIS facility, you will receive an appointment for an interview. At your naturalization interview, you will be required to answer questions about your application and background. You will also take an English and civics test unless you qualify for an exemption or waiver.

Question: What is the purpose of the Naturalization test?
Answer: The purpose of the test is to demonstrate that you are able to read, write, and speak basic English and that you have a basic knowledge of U.S. history and government (also known as “civics”).

*Frequently Asked Questions were summarized from the USCIS.GOV website.

CONTACT MVP LAW GROUP, P.A. for more information!

U.S. Immigration and Customs Enforcement (ICE) launched a bold new audit initiative this year to combat the problem of hiring of an illegal workforce.

On July 1, 2009, 654 businesses nationwide were served with Notice of Inspections (NOIs) indicating that ICE would inspect their hiring records (Form I-9) to determine whether they were in accordance with the employment eligibility verification laws and regulations. The businesses presented with the NOIs to Audit Form I-9 were selected as a result of leads and other information obtained through other investigative measures. This was the first step for ICE in its nationwide plan to promote compliance with the employment eligibility laws through an effective I-9 Audit system.

Audits involve a comprehensive review of Form I-9s. Form I-9 must be completed and retained for each new hire. The form requires the employer to review several personal identification documents of the new hire (i.e., passport, permanent resident card, employment authorization card, driver’s license, birth certificate, military id, etc) and to determine the genuineness of the documents.

The statistics resulting from the 654 businesses audited by ICE are provided below:
• ICE agents reviewed more than 85,000 Form I-9s and identified more than 14,000 suspect documents—approximately 16 percent of the total number reviewed
• To date, 61 NIFs have been issued, resulting in $2,310,255 in fines. In addition, 267 cases are currently being considered for Notices of Intent to Fine (NIFs).
• ICE closed 326 cases after businesses were found to be in compliance with employment laws or after businesses were served with a Warning Notice in expectation of future compliance.

Furthermore, on November 19, 2009, ICE Assistant Secretary John Morton announced the issuance of NOIs to 1,000 employers across the country associated with critical infrastructure.

In the News Release announcing the issuance of the NOIs, Assistant ICE Secretary Morton stated that “ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces.” ICE Audits are one of the most important administrative tools in building criminal cases and bringing employers into compliance with the law.

If you are interested in conducting an internal I-9 Audit to ensure your company’s compliance with the employment eligibility verification laws and regulations, contact our office today.

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

As of November 13, 2009, 55,600 H-1B cap subject nonimmigrant visa petitions have been filed with the USCIS. The Service has advised that they will continue to accept petitions until the cap is reached.

Additionally, the Service has reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa under the general cap.

If you or your company need assistance in filing for an H-1B nonimmigrant visa, contact our office today at 1-800-447-0796.

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.

On November 3, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of October 30, 2009, 53,800 H-1B cap subject nonimmigrant visa petitions have been filed with the USCIS. The Service has advised that they will continue to accept petitions until the cap is reached.

Additionally, the Service has reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa under the general cap.

If you are interested in applying for an H-1B nonimmigrant visa, please contact our office.

The Administrative Appeals Office (AAO) Processing Times were released on November 4, 2009 with processing dates as of November 1, 2009

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

On Wednesday, October 28, 2009, President Obama signed into law the FY10 Department of Homeland Security Appropriations bill. This Law provides a three year extension for four (4) immigration related programs. Specifically, the law extends the non-minister religious worker program, the “Conrad 30” program, the EB-5 visa program, and the E-Verify program through September 30, 2012.

The information contained in this web posting was provided by:
AILA InfoNet Doc. No. 09102968 (posted Oct. 29, 2009)"

The United States Citizenship and Immigration Service (USCIS) is offering FREE Naturalization Information Sessions in various places in the U.S. during the months of November and December.

Each session will cover the following topics: Naturalization eligibility requirements, the Naturalization process, the Naturalization test, and the rights and responsbilities of U.S. Citizenship.

In November, the free sessions will be held in Hartford, Connecticut; Oakland Park, Florida; Redding, California; and Atlantic City, New Jersey. Please click on the link below to find out more information or to register for a free informational session.

In December, the free sessions will be held in Beaverton, Oregon; Seattle, Washington; and Yakima, Washington. Please click on the link below to find out more information or to register for a free informational session.

USCIS FREE Naturalization Informational Sessions

If you are in need of assistance in applying for Naturalization, please contact our office for more information!

The United States Citizenship and Immigration Service (USCIS) has recently issued a fact sheet reminding qualifying applilcants to apply EARLY for an Advance Parole document, as Advance Parole processing times take about 90 days.

The list of applicants who must obtain an Advance Parole document before traveling outside of the United States is as follows:

• Applicants that have been granted Temporary Protected Status (TPS);
• Applicants with a pending application for adjustment of status to lawful permanent resident (LPR);
• Applicants with a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
• Applicants with a pending asylum application; or
• Applicants with a pending application for legalization

If you are an Appllicant with a pending Application for Adjustment of Status to Lawful Permanent Resident (LPR) and need assistance with filing Form I-131, contact our office, as we currently have a SPECIAL running for the preparation and filing of the Advance Parole document.

$450 flat fee (no admin fee) for filing both EAD and Advance Parole per applicant
$200 + $50(admin fee) if filing either EAD or Advance Parole separately
Our normal legal fees are $250 + $50(admin fee) per application
**If an RFE is received, an additional legal fee will be required to respond**

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 United States Citizenship and Immigration Services (USCIS) completed a multi-year redesign of the naturalization test which has been in effect since October 1, 2008. From October 1, 2008 until September 30, 2009, applicants were able to choose whether to take the old test or the new test.

The major goal of the redesign process was to ensure that naturalization applicants have uniform, consistent testing experiences nationwide, and to provide a fair and meaningful naturalization process. The USCIS believes that the newly designed test will help encourage citizenship applicants to learn and identify with the basic values we all share as Americans. Currently the passage rate for those taking the NEW test is 91%.

Effective October 1, 2009, all Citizenship applicants must take the NEW redesigned test.

Study materials for the NEW test are available on the USCIS newly designed website.

If you are considering applying for Naturalization or have questions about the process, please contact our office.

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

The employer filed an application for LC which was accepted for processing on January 30, 2008. On February 15, 2008, the CO denied certification on several grounds, one being that the Job Order was placed less than 30 days prior to the date the application was filed in violation of the governing regulations.

PERM Regulation 20 C.F.R. § 656.17(e) controls and it provides that if the application is for a nonprofessional occupation, the employer must at a minimum, place a job order and two newspaper advertisements within 6 months of filing the application. The steps must be conducted at least 30 days but no more than 180 days before the filing of the application. The employer must place a job order with the State Workforce Agency (SWA) serving the area of intended employment for a period of 30 days. The start and end dates of the job order entered on the application serve as documentation of this step.

The Employer acknowlegded the timing fact, but blamed its non-compliance on the SWA; however, it is the employer's responsibility to comply with filing requirements. As such, the Board found that the CO properly denied certification.

To read the entire decision: Maria's Home for the Aged

Annually, the United States government issues a maximum of 55,000 green cards through a computer-generated random lottery drawing. Applications for the DV 2011 random lottery will be accepted Friday, October 2, 2009 through Monday, November 30, 2009. Paper entries will not be accepted, eligible participants may access the electronic Diversity Visa entry form (E-DV) to apply during this period.

These green cards are only available to those eligible participants from countries with low rates of immigration to the United States. For DV-2011, persons born in Hong Kong SAR, Macau SAR, Taiwan, Russia and Kosovo are eligible. No countries have been removed from the list of eligible countries for DV- 2010.

Natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the U.S. in the previous five years: Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, Peru, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

To enter the DV lottery , you must be a native of one of the eligible countries. In most cases this means the country in which you were born. However, there are two other ways you may be able to qualify. First, if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible, you can claim your spouse's country of birth provided both you and your spouse are on the selected entry, are issued visas and enter the U.S. simultaneously. Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the time of your birth, you may claim nativity in one of your parents' country of birth if it is a country whose natives qualify for the DV-2011 program.

You must also meet either the education or work experience requirement of the DV program. You must have either a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education; OR, two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. The U.S. Department of Labor's O*Net OnLine database will be used to determine qualifying work experience.

If you cannot meet either of these requirements, you should NOT submit an entry to the DV program.

Diversity Visa (DV) Lottery Instructions

The United States Citizenship and Immigration Services (USCIS) has extended information collection for Form I-290B, Notice of Appeal or Motion until November 30, 2009.

During this period, USCIS will be evaluating whether to revise Form I-290B.

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-290B" »

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" »

The United States Citizenship and Immigration Services (USCIS) has extended information collection for Form I-140, Immigrant Petition for Alien Worker until October 28, 2009.

During this period, USCIS will be evaluating whether to revise Form I-140.

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.

These comments/suggestions should be directed to the Department of Homeland Security (DHS), and to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), USCIS Desk Officer.

Comments may be submitted to:
USCIS,
Chief, Regulatory Products Division, Clearance Office,
111 Massachusetts Avenue
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.

Comments may also be submitted to the OMB USCIS Desk Officer via facsimile at 202-395-5806 or via e-mail at oira_submission@omb.eop.gov.
**When submitting comments by e-mail, please make sure to add OMB Control No. 1615-0015 in the subject box.

On October 1, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of September 25, 2009, 46,700 H-1B cap subject nonimmigrant visa petitions have been accepted by USCIS. The Service has advised that they will continue to accept petitions until the cap is reached.

Additionally, the Service has reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you are interested in applying for an H-1B nonimmigrant visa, please contact our office.

In an effort to detect, deter and combat immigration benefit fraud and strengthen efforts in ensuring benefits are not granted to those who threaten national security or public safety, the United States Citizenship and Immigration Services’ (USCIS) Office of Fraud Detection and National Security (FDNS) have commenced an assessment of the H-1B nonimmigrant visa program. As part of the assessment program, FDNS officers collect information during site visits to verify information pertaining to petitions that are pending and already approved.

The FDNS consists of approximately 650 individuals, including Immigration Officers, Intelligence Research Specialists, and Analysts located in field offices throughout the United States. FDNS has also contracted with multiple private investigation firms to conduct site visits on behalf of FDNS.

These visits by FDNS officers are unannounced and may take place at the employer’s principal place of business and/or the H-1B non-immigrant’s work location (end client site). FDNS Officers do not need a subpoena for the site visit because the regulations governing the filing of immigration petitions allow the government to take testimony and conduct broad investigations relating to the petitions. However, USCIS will provide an opportunity for an Employer to address any adverse or derogatory information that may result from these types of site visits. An employer may request that counsel be present; however FDNS will not reschedule the visit just for counsel, therefore, if requested, counsel can be present via telephone for the site visit.

During a site visit, the FDNS Officer will ask questions to verify information contained in a specific immigration petition. They will have a copy of the petition, ask to speak with the employer’s representative (the one who signs immigration forms), and will ask questions regarding the employer’s business, locations, number of employees, and the number of H-1B petitions previously filed. They may also request to review company’s tax returns, quarterly wage reports, among other documents to verify that the Employer is a bona fide business entity. Additionally, the Officer may ask questions regarding the H-1B non-immigrant’s title, job duties, work location and salary; and may ask to review the non-immigrant’s most recent pay stub and Form W-2. FDNS Officers may also inquire about the Employer’s Immigration Counsel.

After interviewing the employer’s representative, the FDNS Officer may request a tour of the facility, take photographs, and may even request to interview the H-1B beneficiary. The Officer will then ask the beneficiary similar questions to the ones asked of the Employer’s representative: the beneficiary’s job title, job duties, responsibilities, employment dates, position location, requirements for the position, academic background, previous employment experience, current address, and information about family members (husband/wife and/or children). Additionally, the Officer may ask a colleague of the beneficiary similar questions about the beneficiary.

Typically, these H-1B site visits last for less than an hour after the walk thru, documentation gathering and interviews are complete.

Continue reading "USCIS Office of Fraud Detection & National Security Commence H-1B Assessment Program: Site Visits" »

The Administrative Appeals Office (AAO) Processing Times were released on October 1, 2009 with processing dates as of October 1, 2009

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

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

The employer filed an application for LC which was accepted for processing on April 12, 2007. Form 9089 provided that the State Workforce Job Order had a start date of February 5, 2005 and an end date of February 13, 2005. The CO thereafter denied certification on several grounds, one being that the Job Order was not placed for a period of 30 days as required by the governing regulations.

PERM Regulation 20 C.F.R. § 656.17(e)(1)(i)(A) controls and it provides that an employer must place a job order with the SWA serving the area of intended employment for a period of 30 days for professional occupations. The start and end dates of the job order entered on the application shall serve as documentation of this step.

The Employer failed to address the timing issue, and as such, the Board had to affirm the decision of the CO in denying labor certification.

To read the entire decision: Matter of Pacific Lumber Supply, Inc.

Do you have questions about the status of your pending Employment Based I-485 Petition?

Hopefully the Q&A created by the USCIS will help ease your frustration and answer some of your questions.

Following the Q&A are I-485 Employment Based Inventory Statistics, which provide an explanation as to how to interpret them. The Inventory Statistics are categorized by Country and Priority Date.

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

The employer filed a LC which was accepted for processing on June 13, 2006. Thereafter, the CO issued an audit notification letter requesting among other documents, the Employer’s Notice of Filing. The employer submitted its Notice of Filing, yet the Notice failed to provide the CO’s address or any other means of contacting the CO. As such, the CO issued a denial letter.

PERM Regulation 20 C.F.R. § 656.10(d)(3) controls and it provides that the Notice of Filing must (i) State that the notice is being provided as a result of the filing of an application for permanent alien labor certification for the relevant job opportunity; (ii) State that any person may provide documentary evidence bearing on the application to the Certifying Officer of the Department of Labor; (iii) Provide the address of the appropriate Certifying Officer; and (iv) Be provided between 30 and 180 days before filing the application.

The purpose of the regulation is to allow any person to submit documentary evidence bearing on the application for certification to the Certifying Officer (such as information on available workers, information on wages and working conditions, and information on the Employer’s failure to meet the terms and conditions with respect to the employment of alien workers and co-workers). By omitting the CO’s address and contact information, the purpose of the Notice of Filing was defeated.

As such, the Board had to affirm the decision of the CO in denying labor certification.

To read the entire decision: Matter of Ron Lopes, LLC

On September 24, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of September 18, 2009, 46,000 H-1B cap subject nonimmigrant visa petitions have been accepted by USCIS. The Service has advised that they will continue to accept petitions until the cap is reached.

Additionally, the Service has reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you are interested in applying for an H-1B nonimmigrant visa, please contact our office.

After an investigation conducted by U.S. Immigration and Customs Enforcement (ICE), the Social Security Administration's Office of Inspector General, the Missouri State Highway Patrol, the U.S. Marshals Service and the U.S. Department of Agriculture, a Missouri poultry processing plant paid $450,000 in fines as part of a settlement agreement for hiring illegal aliens.

As a result of the 2007 poultry plant investigation, ICE administratively arrested 136 illegal alien workers from Mexico and Guatemala within the plant in Cassville, MO. Two of the company's hiring personnel were convicted of harboring illegal aliens and inducing them to remain in the U.S.

An additional provision of the settlement agreement provides that the company has to establish a compliance program to ensure that its employment procedures are in accordance with U.S. immigration laws. Additionally, the company has to train its human resource managers and employees on how to avoid hiring an illegal workforce.

It has become apparent that ICE aggressively targets employers who violate immigration laws by knowingly employing an illegal workforce. The funds received as a result of these types of investigations are used to promote future law enforcement programs and activities with the purpose of deterring employers from employing an illegal workforce.

The MVP Law Group, P.A. provides assistance to employers interested in establishing an employment compliance program which includes training administrative personnel and other employees. If you are interested, please contact our office.

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.

The United States Citizenship and Immigration Service (USCIS) recently announced that the 8/7/2009 revision of Form I-9, which is currently located on the USCIS website will remain valid until 8/31/2012.

U.S. employers should no longer be using outdated versions of Form I-9. However, the Service has indicated that employers may use versions 8/7/2009 or 2/2/2009 of Form I-9 until 8/31/2012. The revision date is located in the bottom right hand corner of the form.

The updated Form I-9 is available in English and Spanish via the USCIS website. Instructions for completing Form I-9 have also been made available by the USCIS. Additionally, the USCIS has provided a 1-800 number that employers may use to order updated Form I-9 if they do not have online access.

If you need assistance in completing Form I-9, or are interested in conducting an in-house Form I-9 Audit, please contact our office for assistance.

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

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

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

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

On September 4, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of August 28, 2009, 45,100 H-1B cap subject nonimmigrant visa petitions have been accepted by USCIS. The Service has advised that they will continue to accept petitions until the cap is reached.

Additionally, the Service has reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you are interested in applying for an H-1B nonimmigrant visa, please contact our office.

The Department of Labor (DOL) Wage and Hour Division has recently issued an H-1B Employee Questionnaire that covers issues dealing with H-1B employment such as wages and deductions, working conditions, termination, and more...

This questionnaire has been sent via email by the DOL to an H-1B Employee, and provides that its purpose is to determine whether the particular company is being compliant with the H-1B rules and regulations.

It also provides that receipt of the questionnaire does not imply that the particular company has violated any law. H-1B employees who receive the questionnaire via email are strongly encourage to promptly respond.

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

The employer filed a LC on behalf of an alien worker and in June of 2007, thereafter the CO issued an Audit Notification letter requesting among other documents, its Notice of Filing. The Employer complied with the request; however the Notice of Filing failed to provide the rate of pay for the proffered position. In March of 2008, the CO issued a letter denying certification. In April of 2008, the Employer submitted an appeal to the Board, but failed to provide any argument as to the failure to provide the rate of pay. The CO issued a letter of reconsideration affirming the denial and provided that the grounds for denial were valid because of a violation of 20 C.F.R. § 656.10(d)(4), which requires that the Notice of Filing provide a rate of pay.

The CO then forwarded the case to BALCA. The Employer filed a Statement of Intent to Proceed, but did not file an appellate brief. The CO filed a letter brief arguing that its decision should be affirmed by the Board.

Upon BALCA review, regulation 20 C.F.R. § 656.10(d)(4) controls and provides that the Notice of Filing “must state the rate of pay (which much equal or exceed the prevailing wage entered by the SWA on the prevailing wage request form).” The purpose of the Notice of Filing is to implement the statutory requirement provided by Section 122(b) of the Immigration Act of 1990, which provides that “any person may submit documentary evidence bearing on the application for certification (such as information on available workers, information on wages and working conditions, and information on the employer’s failure to meet the terms and conditions with respect to the employment of alien workers and co-workers).” Here, the Employer’s Notice of Filing failed to provide the rate of pay and the Employer failed to provide any explanation as to its omission. The Board further provided that a failure to list the rate of pay wage in the Notice of Filing constitutes grounds for denial of certification.

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

According to a recent AILA Liaison Committee meeting, I-485, Adjustment of Status applicants who intend to file for their second or subsequent I-131 reentry permit should file with 30 days or less remaining on the previous valid I-131 document…otherwise an RFE will most likely be issued asking for the valid travel document before a new I-131 is issued to the applicant...

For more information, do not hesitate to contact our office at (240) 390-0600

On August 19, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of August 14, 2009, 45,000 H-1B cap subject nonimmigrant visa petitions have been accepted by USCIS. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.

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.

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

On July 31, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of July 24th, 2009, 44,900 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.

The Office of Special Counsel for Immigration-Related Unfair Employment Practices has recently comprised a list of various DO’S and DON’TS for Employers when utilizing the E-Verify program.

DO…use E-Verify on all NEW employees, after they have completed Form I-9
DO…post required notices of the Employer’s participation in E-Verify
DO…secure the privacy of Employee’s personal information
DON’T…use the E-Verify program to verify CURRENT employees
DON’T…use the E-Verify program based upon SUSPICION
DON’T…terminate or take adverse action against an employee contesting a tentative nonconfirmation

For the complete list of the DO’S and DON’TS associated with the E-VERIFY program, please click here!

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.

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

On July 8, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of July 3rd, 2009, 45,000 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.

The United States Citizenship and Immigration Service (USCIS) recently announced that the 2/2/09 revision of Form I-9, which is currently located on the USCIS website will remain valid until futher notice. The version of the form currently on the website was set to expire on June 30, 2009.

If you have any questions regarding Form I-9 and your business, please contact our office.

The Foreign Credentialing Commission on Physical Therapy (FCCPT) issued a letter clarifying its educational equivalency for foreign educated Physical Therapists in February of 2009. Recently, there has been much confusion over the issue.

The FCCPT is the only entity authorized by the United States Citizenship and Immigration Service (USCIS) to issue such certificates, which verify that a foreign applicant has acquired an education substantially equivalent to the US standard in education of physical therapists.

In summary, the letter provides that when the FCCPT issues a Type 1 Comprehensive Credentials Review Certificate, it is asserting that the applicant has acquired at least a Master’s degree or higher in Physical Therapy, as required under the regulations.

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

The employer filed a LC on behalf of an alien worker in February of 2006. In November of 2007, the CO denied certification under 20 C.F.R. § 656.3 because he was unable to verify the Employer as a bona fide entity. The CO did not explicitly request proof of the employer’s Federal Employer Identification Number (FEIN). In response to the denial, the Employer submitted a copy of a prior approved labor certification arguing that it was for the same employer, same address, same telephone number, and same FEIN. The Employer also submitted a Yellow Pages advertisement for the company, and the company’s business license in a request to the CO for reconsideration. Thereafter, in March of 2009, the CO issued a letter of reconsideration providing that the application would be denied because the applying company could not be verified as a bona fide entity under the regulations. Specifically, the CO stated that the other application contained a FEIN different from the application presently under review; therefore it did not serve as verification of a bona fide entity. Accordingly, since the Employer failed to provide proof of a valid FEIN, the denial was appropriate.

The CO then forwarded the case to BALCA. The Employer submitted an appellate brief arguing that at no time did the CO clarify that he wanted proof of a valid FEIN, and furthermore, never requested such proof. The CO filed a letter brief arguing that its decision should be affirmed by the Board because the Employer did not provide a valid FEIN as required under the regulations.

Upon BALCA review, regulation 20 C.F.R. § 656.3 controls, it provides that to be considered an “Employer” for the permanent labor certification program, an entity must possess a valid FEIN. The Board agreed with the CO that the two application’s FEIN’s did not match, but determined that the Employer’s argument regarding the absence of a request for the FEIN had some merit. The Board determined that the CO’s denial did not address the issue sufficiently to provide the Employer an opportunity to appropriately address the situation. The Board concluded that fundamental fairness was required, and ordered the CO to allow the Employer to clear up the inconsistency in its FEINs submitted.

Accordingly, the CO’s denial was vacated for further proceedings consistent with the Board’s decision.

On June 30, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of June 26, 2009, 44,800 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.

U.S. Immigration and Customs Enforcement (ICE) launched a bold new audit initiative on July 1, 2009 to combat the problem of hiring of an illegal workforce.

On July 1, 652 businesses nationwide were served with Audit Notifications indicating that ICE would be inspecting their hiring records (Form I-9) to determine whether they are in accordance with the employment eligibility verification laws and regulations.

The businesses presented with the Notice of Intent to Audit Form I-9 were selected as a result of leads and other information obtained through other investigative measures.

This is the first step for ICE in its nationwide plan to promote compliance with the employment eligibility laws through an effective I-9 Audit system.

*Form I-9 must be completed for each new hire. The form requires the employer to review several personal identification documents of the new hire (i.e., passport, permanent resident card, employment authorization card, driver’s license, birth certificate, military id, etc) and to determine the genuineness of the documents.

If you are interested in conducting an I-9 Audit to ensure your company’s compliance with the employment eligibility verification laws and regulations, feel free to contact our office.

Effective July 1, 2009, all users of the Old LCA system must begin using the new iCert system located on the U.S. Department of Labor Employment & Training Administration website to file LCAs.

On June 24, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap. As of June 19, 2009, 44,500 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.

The United States Citizenship and Immigration Service (USCIS) has announced that effective June 29, 2009, it will resume the premium processing service for Form I-140, Immigrant Petition for Alien Worker.

The following categories are eligible for premium processing:
EB-1 Aliens with Extraordinary Ability
EB-1 Outstanding Professors and Researchers
EB-2 Member of Professions with Advanced Degrees or Exceptional Ability (not seeking National Interest Waiver)
EB-3 Professionals
EB-3 Skilled Workers
EB-3 Workers other than Skilled Workers or Professionals

By paying the required $1,000 for Premium Processing, petitioners will receive one of the following from the USCIS: an approval, a notice of intent to deny, a request for evidence, or a notice of the intent to investigate, within 15 calendar days of receipt.

If you have any questions, please 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.

Last week, a Washington District Court ordered the United States Citizenship and Immigration Service (USCIS) to begin accepting concurrently-filed I-360 and I-485 petitions. The District court ordered that the bar against concurrent filings on behalf of religious workers, as set forth in 8 C.F.R. § 245.2(a)(2)(i)(B), was an impermissible construction of 8 U.S.C. § 1255(a) and was therefore invalid and unenforceable.

The USCIS shall begin accepting concurrently-filed applications (I-360 and I-485) provided that the applicant meets all of the filing requirements.

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 June 11, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap. As of June 5, 2009, 44,400 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.

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

The United States Citizenship and Immigration Service (USCIS) has announced that they are experiencing delays in the production of permanent residence cards.The Service is in the process of updating its card production equipment. As of May 29, 2009, the Service announced that recipients may experience up to an eight (8) week delay before receiving their permanent residence card.

While waiting for delivery of the permanent residence card, approved recipients will be given temporary evidence of permanent residence at the time of their interview. Therefore, applicants will need to take their passports to their interview, so that the USCIS may place an I-551 stamp within the passport. This stamp will serve as temporary evidence of permanent residence until the recipient receives the actual permanent residence card. If approved applicants do not have a passport, they are required to bring a passport style photo and government issued photo identification to the interview to receive the stamp.

For applicants whose application is approved after the interview, they must schedule an INFOPASS appointment and bring the requested documents above to that appointment to obtain the I-551 stamp.

If you have any questions regarding this matter, please contact the MVP Law Group.

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.

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

The labor certification application was accepted by the CO in October of 2005. A few months later, the CO issued an Audit Notification to the Employer. Among other items, the Audit requested a copy of the Notice of Filing used for the alien worker’s labor application. The Employer responded by complying with the request and sending the Notice of Filing. In October of 2006, the CO issued a denial letter on the grounds that the Notice of Filing failed to contain the appropriate CO’s contact information including the physical address. Thereafter the Employer submitted a request for reconsideration, and only included a notice of entry of appearance of a new attorney; no argument or other information concerning the grounds for denial were provided. In September of 2008, the CO issued a letter of reconsideration finding that the denial of labor certification was valid. The CO noted that the Employer failed to provide any information relating to the missing information on the Notice of Filing. The CO then forwarded the case to the Board. New counsel for the Employer filed a brief arguing that the failure to provide the address of the CO was harmless error and therefore denial based upon a typographical error was a denial of due process. Counsel also stated that when the Employer was made aware of the omission, he agreed to repost the Notice of Filing. The CO appropriately filed an appellate brief stating that the Board had ruled on the issue of failure to include the address of the appropriate CO on the Notice of Filing in a 2007 case.

Continue reading "BALCA upholds denial of Labor application – Employer failed to comply with Notice of Filing requirements" »

On May 26, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap. As of May 22, 2009, USCIS has received 45,700 H-1B cap subject nonimmigrant visa petitions. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable. Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.

The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Marketing Consultant.

In August of 2005, the Employer submitted a labor certification application on behalf of an alien worker. The application indicated that the job location was Warren, Rhode Island. Shortly thereafter, the CO issued an audit notification requesting among other documents, the prevailing wage determination (PWD) issued by the State Workforce Agency (SWA). The PWD submitted by the Employer was from California, not Rhode Island. Portions of the California form were crossed out, with Rhode Island being inserted. The portion of the form which provides the job site address and county of job site listed both a Rhode Island address and county and a California address and county. The form was not signed nor dated by the SWA and several important portions were left blank. Specifically, the portions dealing with the Survey Data, Survey Area, Research Analyst were blank. No Rhode Island phone number was provided. The Employer then requested reconsideration arguing that the Rhode Island SWA had informed his office that they could utilize the California prevailing wage request form because they did not have their own form at the time of request. In September of 2008, the CO issued a letter denying certification because the Employer had failed to submit a prevailing wage determination that complied with regulations. The PWD submitted was not effectively endorsed by the Rhode Island SWA, and therefore, it could not be considered valid. The CO then forwarded the case to the Board. Counsel for the Employer argued that it was harmless error, and the CO argued that the Employer failed to provide sufficient documentation to demonstrate that the Rhode Island SWA issued the PWD in question.

Upon BALCA review it was determined that the regulations require that an Employer request a prevailing wage determination from the SWA having jurisdiction over the area of intended employment. Additionally, the SWA must endorse the PWD and return it properly to the Employer. In the case at hand, there was not sufficient information presented that the PWD submitted was actually issued by the Rhode Island SWA.

Accordingly, the CO properly denied certification.

The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Stone Carver.

The Employer submitted an application and it was accepted for processing on August 17, 2006. The Employer indicated that the position was for a nonprofessional. On Form ETA 9089, the Employer indicated that the State Workforce Agency (SWA) job order ran from July 5, 2006 until August 5, 2006. In July of 2007, the CO issued a letter denying certification. The main reason for the denial was that the SWA job order was not completed at least 30 days prior to the filing of the application. A request for review was sent to the CO by the Employer’s Attorney. In summary, counsel for the Employer indicated that it had not exceeded the 180 day limit for filing. In September of 2008, the CO issued a letter of reconsideration which established that the application was filed only 11 days after the end date of the SWA job order. The CO reiterated in its letter to the Employer that the denial was valid. The CO then forwarded the case to the Board. Counsel for the Employer did not file an appellate brief, whereas the CO did file an appellate brief urging that the denial be affirmed.

Upon BALCA review it was determined that the regulations at 20 C.F.R. § 656.17(e) provide that recruitment must occur prior to the filing of the labor certification application. Specifically, if the application is for a nonprofessional occupation, the Employer must (1) place a job order, and (2) place two advertisements within six months of filing the application. The recruitment steps must be conducted at least 30 days but no more than 180 days before filing the application. Accordingly, entering the start and end date of the SWA job order on Form ETA 9089 establishes proof that these steps were completed properly. In the present case, the Employer failed to wait the proper period of time before filing its application, it only waited 11 days and needed to wait at least 30 days before submitting its application.

Accordingly, the CO properly denied certification.

The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Cook, Private Household.

The Employer submitted the application by mail. The application was accepted for processing in January of 2006. In the application, the Employer indicated that the prevailing wage determination (PWD) was based on an ‘Employer Conducted Survey.’ The application failed to include the determination and expiration dates for the prevailing wage determination. In April of 2006, the CO denied certification based on the failure to complete the section dealing with the prevailing wage determination. The CO received the Employer’s request for reconsideration in May of 2006. The Employer stated in its request that it did not receive a response from the State Workforce Agency (SWA), and thereafter decided to adopt its own prevailing wage determination based upon speaking with other similarly situated Employers. The Employer submitted along with the request a new version of Form 9089, in which it indicated ‘PW based on Employer Conducted Survey,’ and a copy of the fax to the Maryland, SWA. On reconsideration, the CO denied the application because the Employer failed to indicate the expiration date of the prevailing wage determination. The CO then forwarded the case to the Board. Counsel for the Employer did not file an appellate brief, whereas the CO did file an appellate brief stating that even when an Employer bases its PW determination on a survey, the survey itself must be submitted to the SWA, who then decides whether the survey was acceptable and issues the prevailing wage determination.

Upon BALCA review it was determined that the PERM regulations provide that an Employer must request a prevailing wage determination from the SWA having jurisdiction over the area of intended employment. The regulations provide that the SWA must specify the determination date and expiration date of the PW determination. The regulations at 20 C.F.R. § 656.40(c) state that if an Employer uses a SWA PWD, the Employer must file the petition or begin recruitment within the validity period of the PWD.

Continue reading "BALCA upholds denial of Labor application – Employer failed to comply with Prevailing Wage Determination Instructions" »

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 Department of Labor (DOL) has informed a liaison of the American Immigration Lawyers Association (AILA) that they will continue to keep the old Labor Condition Application (LCA) system operable for a specified time.

The reasons behind allowing the old LCA system to remain operational through June 30, 2009 are two-fold. First, the DOL wanted time to continue to evaluate issues of concern regarding the LCA system. The DOL has received numerous complaints and issues from users of the system. Secondly, the DOL wanted to give users more time to become familiar with the new LCA system.

If you have any questions about the new LCA system, please feel free to contact our office.

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

The Administrative Appeals Office (AAO) released its time report on May 1, 2009 with updated processing times for all types of cases accepted by its Office.
If you filed an appeal, please review the link below to determine the applicable processing time associated with your case.

Administrative Appeals Office

If your case is outside of the normal range listed and you need assistance, feel free to contact our office.

On May 4, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap. USCIS has received 45,000 H-1B nonimmigrant visa petitions. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable. Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you have any questions surrounding the H-1B nonimmigrant visa program, please 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.

The United States Citizenship and Immigration Service (USCIS) National Benefits Center (NBC) Liaison Committee has identified that there is a problem with the interface tool for the “Case Status Online.” Not only has this problem caused much delay in the recording of new receipt numbers in the system, it has hampered the updating of status information for those cases already in the online system. The Liaison Committee stated that the issue was not limited to NBC filings, and that the problem has been recurring. The NBC Liaison Committee did not provide a time estimate of when they expected the interface to be fixed.

On Thursday, April 23, 2009, Assistant Senate Majority Leader Dick Durbin and Senator Chuck Grassley introduced the H-1B and L-1 Visa Reform Act. This bipartisan legislation would reform the current H-1B and L-1 guest worker programs to prevent abuse and fraud, and to protect American workers.

This legislation calls for a “good faith attempt” to solicit qualified American workers before hiring an H-1B guest worker. Accordingly, Employers would be prohibited from using H-1B visa holders to displace qualified American workers. Additionally, the bill calls for a prohibition against the blatantly discriminatory practice of “H-1B only” ads and would prohibit Employers from hiring additional guest workers if more than 50% of their workforce consisted of H-1B and L-1 visa holders.

To address the issues of fraud and abuse, the bill would allow the Department of Labor (DOL) to initiate investigations without a complaint and without the personal authorization of the DOL Secretary. In addition, the bill would allow the DOL to conduct random audits of companies that utilize the H-1B nonimmigrant visa program. Specifically, the bill calls for annual audits by the DOL for employers who employ a large number of guest-workers.

Senators Durbin and Grassley introduced similar legislation last Congress.

On April 20, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap. USCIS has received 44,000 H-1B nonimmigrant visa petitions. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable. Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.

It has come to our attention that many Permanent Labor Certification Applications are being denied by the Department of Labor (DOL) for several reasons, some of which could be avoided by having competent counsel.

It is important to have an Experienced Attorney who is familiar and thorough when completing and filing Permanent Labor Certification Applications. Many of the reasons for denial of labor certification are because of the failure to comply with Federal Regulations, failure to provide specific dates, misinterpreting statutory language, and the failure to comply with time period requirements.

When dealing with the complexity of Business Immigration Law it is recommended that you obtain the expertise of a skilled and knowledgeable Business Immigration Attorney, especially when dealing with the specificity of the PERM process.

Please contact the MVP Law Group today to discuss your Business Immigration needs.

The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination
of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Chef.

In May of 2006, the CO issued an Audit Notification letter. The CO requested that the Employer submit its Notice of Filing, among other documents requested. The Employer responded by submitting two Job Postings. Subsequently, the CO denied the application in December of 2006 on several grounds. The majority of the deficiencies focused on the Notice of Filing. The CO provided that the Notice of Filing failed to (1) state that the Notice was being provided as a result of the filing of an application for permanent alien labor certification, (2) state that any person may provide documentary evidence bearing on the application to the CO, (3) provide the CO’s address, and (4) list the wage offered for the position. In January of 2007, the Employer requested reconsideration and review of the denial. The Employer put forth the argument that the requested documentation was submitted to the CO in the context of the audit, and therefore, only a substantial failure to provide documentation may justify a denial of the application. Subsequently, the CO issued a letter of reconsideration providing that the denial was proper under 20 C.F.R. 656.10(d). The CO then forwarded the case to BALCA. The Employer did submit an appellate brief in support of its position, stating that the standard of consideration of whether to deny an application is whether the Employer’s filings constituted substantial compliance with the requirements of the Code of Federal Regulations. The CO also filed a brief urging denial based on the importance of the Notice of Filing requirement and its contents.

Upon BALCA review, the language of the applicable Federal Regulation was analyzed. The regulation at 20 C.F.R. 656.10(d) provides that the Notice of Filing must (i) state the notice is being provide as a result of the filing of an application for permanent alien labor certification for the relevant job opportunity; (ii) state any person may provide documentary evidence bearing on the application to the CO of the Department of Labor (DOL); (iii) provide the address of the appropriate CO; and (iv) be provided between 30 and 180 days before filing the application. Additionally, if any application is filed under Sec. 656.17, the notice must contain the information required for advertisements by Sec. 656.17(f), must state the rate of pay (which must equal or exceed the prevailing wage entered by the SWA on the prevailing wage request form), and must contain the information required by paragraph (d)(3) of this section.

Continue reading "BALCA upholds denial of Labor application – Did Not Comply with “Notice of Filing” Requirements" »

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.

As of April 3, 2009, the United States Citizenship and Immigration Services (USCIS) indicated that U.S. employers should no longer be using outdated versions of Form I-9. The updated Form I-9 has been available in English and Spanish via the USCIS website since it was revised in February.

Instructions for completing Form I-9 have also been made available by the USCIS. Additionally, the USCIS has provided a 1-800 number that employers may use to order updated Form I-9 if they do not have online access.

If you need assistance in completing Form I-9, or are interested in conducting an in-house Form I-9 Audit, please contact our office for assistance.

According to the American Immigration Lawyers Association (AILA), several United States Citizenship and Immigration Service (USCIS) service centers have begun to issue Requests for Additional Evidence (RFEs) for all H-1B petitioning employers who did not include the TARP recipient funding page of Form I-129, Data Collection with their H-1B FY 2010 petitions.

Due to the passage of the Employ American Worker Act (EAWA), the USCIS is required to collect Troubled Assets Relief Program (TARP) information on each H-1B petitioning employer. Due to the fact that Form I-129 was not re-designed and accessible to reflect this change in the visa program until a few days before the H-1B FY 2010 cap opened, submission of the newly designed Form I-129, Data Collection was not mandatory. The USCIS has indicated that if H-1B petitions were submitted without the TARP information, they would not be rejected. In conclusion, the USCIS has determined that in order to collect the required TARP information, they will need to issue RFEs. So far, practitioners who have received RFE’s requesting TARP information have reported that the USCIS has only requested the single page of Form I-129, Data Collection (page 13) which indicates whether the petitioner has received TARP funding or not.

As immigration law is already complex is nature, it is important to have an attorney experienced in the field, who is ready and willing to advise when changes occur. Contact the MVP Law Group if you have any further questions regarding EAWA and its effect on your company.

On April 10, 2009, the Department of Labor (DOL) released new information and materials on the New iCert System which covers the H-1B, H-1B1, and E-3 visa programs. The New iCert system will be implemented beginning April 15, 2009. According to the American Immigration Lawyers Association (AILA) the New iCert system is a one stop visa shop for employers and their representatives. The new system allows for employers and/or their representatives’ to easily access online employment based visa application services as well as other pertinent information.

The DOL has created a factsheet on the new system which provides a detailed implementation schedule and helpful contact information for employers and/or their representatives.

The DOL also released its user manual which provides detailed steps for easy employer and/or representative registration.

Additionally, the DOL has released its user guide for preparing, saving and submitting new ETA Form 9035E, Labor Condition Applications.

If you have any questions relating to the New iCert system, please contact our office.

Regular Petitions Subject to Cap
As of April 9, 2009, the United States Citizenship and Immigration Services (USCIS) have received approximately 42, 000 H-1B nonimmigrant petitions counting toward the congressionally mandated 65,000 cap. The USCIS has indicated that they will continue to accept H-1B petitions subject to the cap.

Advanced Degree Petitions
In regards to foreign applicants with U.S. Advanced degrees, the USCIS has indicated that they have received 20,000 petitions; however, they will continue to accept petitions. The reason for accepting more U.S. Advanced degree petitions is because experience has shown that not all petitions initially accepted are approvable. The USCIS also indicated that they will provide updates.

Premium Processing
For those who have selected to utilize the Premium Processing option, the USCIS has advised that the 15 calendar day started on April 7, 2009. Utilizing the Premium Processing option allows an H-1B recipient to obtain an approval within 15 days of submitting the petition for an additional cost of $1,000. In other words, for those applicants who have submitted their H-1B petitions under Premium Processing, they should have an approval or denial within 15 days of April 7, 2009.

Receipt Issuance
The USCIS has also indicated that H-1B receipts are being issued as of April 8, 2009. If you have filed an H-1B petition, please be patient to receive your receipt before inquiring whether or not your case has been received and/or accepted by the USCIS.

H-1B Lottery
Once the USCIS determines that sufficient petitions have been received to meet the H-1B congressionally mandated cap, the USCIS will then conduct a random selection lottery from the petitions received on that day.

If you have any questions about the H-1B nonimmigrant visa program, the regulations surrounding the program or the H-1B visa in general, please contact our office to schedule a consultation.

The Administrative Appeals Office (AAO) released its time report on April 1, 2009 with updated processing times for all types of cases accepted by its Office.
If you filed an appeal, please review the link below to determine the applicable processing time associated with your case.

Administrative Appeals Office

If your case is out-side of the normal range listed and you need assistance, feel free to contact our office.

E-Verify is a federal program in which employers may voluntarily sign up electronically to be able to identify the employment eligibility of new hires against federal databases in a matter of minutes. How it works: An employer requests that a new hire complete Form I-9, and with the information provided on the form, and the documentation needed to prove eligibility, the employer manually enters the information into the E-Verify database. Two things may occur once this takes place: (1) the employer receives confirmation that the new hire is authorized to work in the United States; or (2) a tentative non-confirmation (TNC) is issued, indicating that the federal program cannot identify that the new hire is authorized to work in the United States. If a TNC is issued, the employer must provide the applicant with information and guidance on how to resolve the issue, and a secondary verification process must occur within ten days before a final determination is made on the applicant’s employment eligibility.

The State of Illinois created legislation in regards to the passage of the Employment Eligibility Verification Program, otherwise known as “E-Verify.” In summary, the Illinois Act provides that employers are prohibited from enrolling in any Employment Eligibility Verification System, including the Basic Pilot program, until the Social Security Administration (SSA) and Department of Homeland Security (DHS) databases are able to make a determination on 99% of the tentative nonconfirmation notices issued to employes within three days, unless otherwise required by federal law.

At issue is whether the Illinois Act is invalid under the Supremacy Clause of the United States.

State laws are invalid under the Supremacy Clause if the state law “stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.” Congress put the federal program in place as a means to verify the employment eligibility of new hires. The federal statute states that any employer may participate. The problem lies with the fact that Illinois has enacted legislation to prohibit employers from utilizing the program. As such, the District Court provided that the Illinois Act frustrates Congress’ purpose by prohibiting Illinois employers from participating in the Federal program unless the Federal program meets Illinois’ standards for accuracy and speed. Illinois cannot dictate to Congress the standards that federal programs must meet. This clearly frustrates the Congressional purpose of making the Federal program available to all employers. Accordingly, the Illinois Act is invalid under the Supremacy Clause, and the State of Illinois is permanently enjoined from enforcing the invalid act.

The United States Government Accountability Office (GAO) conducted an investigation from May 2008 through March 2009 which showed that terrorists or criminals could steal an American citizen’s identity, use basic counterfeiting skills to create fraudulent documentation for that identity, and obtain a genuine U.S. passport from the Department of State (DOS). The GAO conducted their investigation by using “basic counterfeiting skills.”

The same GAO investigator was able to easily obtain four passports issued by the DOS under four different names. The first passport was applied for in a United States Postal Service (USPS) office in Virginia in July of 2008. The investigator used a counterfeit West Virginia driver’s license, and a counterfeit New York birth certificate, along with the passport application form. The first passport was issued 8 days after the application was submitted for review. The GAO investigator applied for the second passport in August of 2008 at the State’s regional Washington, D.C. passport issuing office. The GAO investigator used a genuine District of Columbia (DC) identification card obtained with fraudulent documentation, and a counterfeit New York birth certificate, along with the passport application form. Surprisingly enough, the passport was issued to the investigator that same day. In October of 2008, the investigator applied for another passport in a USPS office located in Maryland. The investigator submitted a counterfeit West Virginia driver’s license, and a counterfeit New York birth certificate. The submitted passport application contained the Social Security Number (SSN) of a fictitious 5-year-old child, which was obtained from a prior investigation. Once again, another passport was issued to the investigator based on the documentation submitted only 7 days later. The final passport issued as a result of this investigation was in December 2008 from a USPS office in Maryland. The investigator submitted a counterfeit Florida driver’s license, and a counterfeit New York birth certificate. The passport form contained the SSN of a deceased individual. And again, the passport was thereafter issued only 4 days after the documentation was submitted for review.

After the investigation, the GAO briefed DOS officials on the results. DOS officials admitted that the findings expose a major vulnerability in DOS’s passport issuance process. According to DOS officials, the department’s ability to verify information submitted by passport applicants is hampered by limitations to its information sharing and data access with other agencies at the federal and state levels. This is the same problem that was identified after the tragic events that took place on September 11, 2001, eight. Additionally, they said that they do not currently have the ability to conduct real-time verification of the authenticity of birth certificates presented by passport applicants, and to make matters worse, there are other difficulties with verifying the authenticity of drivers’ licenses.

The DOS officials stated that to improve the current passport fraud detection capabilities, they would need greater cooperation and support from other agencies at both the federal and state levels, and the ability to access other agencies’ records in real time.

After the GAO briefed the DOS regarding their investigation, the four fraudulently obtained U.S. passports were identified and revoked. The DOS indicated that it would study the matter further to determine what steps would be appropriate to improve passport issuance procedures.

The United States Citizenship and Immigration Service (USCIS) recently released the updated version of the Form I-9 Employer Handbook.

The handbook provides the basic steps involved with a new hire, including the forms that must be completed, what documents are acceptable and step-by-step directions on how to correctly complete Form I-9.

The handbook also explains the reason we have Form I-9 for employment eligibility, mentions unlawful discrimination and penalties for prohibited practices, and discusses the E-Verify online program component for interested employers.

The handbook also provides the most current Form I-9, which may be printed and copied by all employers.

The MVP Law Group recommends that all employers download the I-9 Employer Handbook as a reliable tool for assisting with I-9 compliance. If your company needs assistance with I-9 compliance, please do not hesitate and contact our office to discuss how we may help!

The Administrative Appeals Office (AAO) released its time report on March 18, 2009 with updated processing times for all types of cases accepted by its Office.

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

Administrative Appeals Office

If your case is out-side of the normal range listed and you need 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 March 17, 2009 with processing dates as of January 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) recently released some guidance regarding the Stimulus Bill, which contains the “Employ American Worker Act” (EAWA) and its effect upon the H-1B visa petition.

If the company was a recipient of the funds distributed through the Trouble Asset Relief Program (TARP), EAWA prevents an employer from displacing qualified U.S. workers when participating in the H-1B visa program. Under EAWA a company is considered an “H-1B dependent employer” and must make additional attestations to the Department of Labor (DOL) when filing the Labor Condition Application (LCA).

According to the guidance distributed by the USCIS, employers must attest to the following additional requirements on the LCA:
• It has taken good faith steps to recruit U.S. workers (defined as U.S. citizens or nationals, lawful permanent resident aliens, refugees, asylees, or other immigrants authorized to be employed in the United States (i.e., workers other than nonimmigrant aliens) using industry-wide standards and offering compensation that is at least as great as those offered to the H-1B nonimmigrant;
• It has offered the job to any U.S. worker who applies and is equally or better qualified for the job that is intended for the H-1B nonimmigrant;
• It has not “displaced” any U.S. worker employed within the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days after its filing. A U.S. worker is displaced if the worker is laid off from a job that is essentially the equivalent of the job for which an H-1B nonimmigrant is sought; and
• It will not place an H-1B worker to work for another employer unless it has inquired whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.

The USCIS stated that companies who received TARP funds should know who they are and should act accordingly when filing an H-1B nonimmigrant visa petition. Meaning they should comply fully with the new limitations on hiring skilled foreign workers. USCIS is working with the Department of Treasury to identify all recipients of TARP funds.

EAWA applies to all H-1B petitions filed on or after February 17, 2009. EAWA does not apply to H-1B extensions of stay with the same employer or to those changing status from some other authorized work status to that of H-1B.

In response to EAWA, the USCIS has redesigned Form I-129, H-1B Data Collection Supplement, to include a section on EAWA attestation requirements. (page 13 of Form I-129) Although it is short notice to those employers who already have H-1B FY 2010 petitions packaged for filing, the USCIS stressed the importance of utilizing the updated form for filing H-1B visa petitions for FY 2010. They advised that if Form I-129 indicates that the petitioner is subject to EAWA and the LCA does not contain the requisite attestations, then the petition will be denied.

As immigration law is already complex is nature, it is important to have an attorney experienced in the field, who is ready and willing to help when changes occur. Contact the MVP Law Group if you have any further questions regarding EAWA and its effect on your company.

When a citizen of another country wishes to travel to the United States for
business or pleasure, there are specific visas that are available for those individuals. The B-1, Business visa is for those interested in traveling to the U.S. to consult with business associates, to attend conventions/conferences, and to negotiate a contract, etc. In other words, the B-1 visa is intended for those applicants traveling to the U.S. temporarily for business related purposes. The B-2, Pleasure/Visitor/Tourist visa is for those who plan to travel to the U.S. for recreational purposes including tourism, to visit with friends and family, and to obtain medical treatment, etc.

When changing status to B-1 Business visitor, it is important that the applicant document the business activity to be performed, the exact length of time needed to complete the business activity, and the applicant’s intent to depart the United States at that time. This documentation may be established by submitting an itinerary, a brochure of scheduled business events, or evidence of a roundtrip airline ticket, etc. This change of status can only be granted for up to 364 days, so it is extremely important to carefully document the exact length of time needed to complete the activity.

When changing status to B-2 Pleasure visitor, which is also only granted for a period up to one year, it is extremely important to fully explain why a full year should be granted.
Additionally, if an applicant wishes to extend his/her B-1/B-2 status, the extension period is limited to six months. Please note that the maximum of six months will only be granted if the applicant initially requested it on Form I-539.

The Vermont Service Center (VSC) has advised that if the adjudication of the extension petition is taking more than six months, and the beneficiary has not departed the U.S., it is recommended that they interfile a new I-539 prior to the expiration of the beneficiary’s I-94 Arrival/Departure record.

The VSC has also advised that it will approve extensions for a period of less than six months if there is a co-applicant child that will reach the age of twenty-one (21) during the requested time frame. In other words, all applicants will only be extended until the day before the child’s twenty-first birthday.

For more information on B-1/B-2 Status, please contact
our office!

Tighter government oversight over the H-1B visa program and permanent employment-based immigration expected.

On October 8, 2008, the U.S. Citizenship & Immigration Service (USCIS) released a report that 13% of all H-1B petitions filed on behalf of U.S. employers are fraudulent. The same report also stated that another 7% of those petitions contain some sort of technical violation. The report’s conclusion states: “Given the significant vulnerability, USCIS is making procedural changes, which will be described in a forthcoming document.”

Continue reading "2009 – The Year of Immigration Compliance" »

On Thursday, March 12, 2009, United States Senators Dianne Feinstein (D-CA) and Edward Kennedy (D-MA) introduced the “Immigration Fraud Prevention Act of 2009.” This Act would make it a Federal crime to defraud individuals – citizens and non-citizens alike…in connection with any matter arising under the Immigration Laws. Accordingly, it would make it a felony to falsely misrepresent that one is an attorney or accredited representative in any immigration matter.

As a result of complaints from law enforcement officials regarding the growing amount of fraudulent immigration specialists operating throughout the country, this bill was introduced. Charles H. Kick, President of AILA, stated that the bill is a wonderful first step towards addressing this pervasive problem. Additionally, Larry Drumm, Chair of AILA’s Consumer Protection and Authorized Practice of Law Action Committee chimed in by stating that “immigration law is stunning complex and filing the wrong documents, missing a deadline, or failing to fully disclose all of the facts in a case can mean the difference between legal status, deportation, and in the case of some asylum seekers, even death.”
This is a very serious issue and the need for a strong federal law and a commitment to root out this problem are what is needed.

In an article published by Pamela Manson of The Salt Lake Tribune, federal prosecutions confirmed the identity of a Salt Lake City man who allegedly impersonated an immigration official ultimately stealing thousands of dollars from undocumented immigrants hoping to become legal residents.

The complaint alleges that the Salt Lake City man took money from undocumented workers, did nothing to help those clients, and would then threaten his clients with deportation when they questioned his progress in their cases. One woman also alleged that the Salt Lake City imposter demanded sex from her and threatened to have one of her children deported when he she refused to pay him more money. She also alleged that he made many hostile and overly aggressive phone calls to her demanding either sex or more money to finish the process.

According to an affidavit by an Immigration and Customs Enforcement (ICE) agent, the alleged imposter charged between $1,500 to $5,000 per person to handle the legalization process. Additionally, the imposter claimed to work for ICE. It is also alleged that the imposter met many of his clients through mutual friends in the Church of Jesus Christ of Later-day Saints and would meet with his clients in his home to complete paperwork and take payment. It is also alleged that the imposter did not give receipts to his clients because he said that it would cause delays in the process. He also allegedly claimed that by receiving cash only he could back date his client’s cases for faster processing.

At this time, the alleged imposter is in custody pending further proceedings. The Salt Lake City imposter faces up to three years in prison and a $250,000 fine if convicted of impersonating an officer or employee of the United States.

The United States Citizenship & Immigration Service (USCIS) has issued a correction to the Nebraska Service Center (NSC) processing times published on February 20, 2009.

The current processing time for Form I-485, Employment Based petitions is 8/15/07.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on February 20, 2009 with processing dates as of December 31, 2008.

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 need assistance, please contact our office.

The American Immigration Lawyers Association’s (AILA) Business Committee prepared a list of frequently asked questions about the H-1B provisions included in the new economic stimulus bill – the American Recovery and Reinvestment Act of 2009. The list discusses the impact of the H-1B provisions on H-1B employers, provides an explanation as to the restrictions that are placed on TARP fund recipients, and offers advice to affected employers on how to complete Labor Condition Applications (LCA) for H-1B foreign workers.

On Friday, the House of Representatives passed a multi-million dollar stimulus bill designed to jumpstart the United States’ economy. For the business immigration world, the bill includes the Sanders H-1B amendment . This amendment heavily burdens recipients of Troubled Assets Relief Program (TARP) funds with strict regulations for hiring foreign workers under the H-1B program. The President of AILA, Charles H. Kuck, said, “The misguided signal it sends is that immigrants are part of the problem rather than an integral part of the solution.” In other words, the H-1B program works to bring foreign-born talented individuals to the United States to help create new jobs and bolster the United States’ economy. Passage of the amendment means that it is going to be harder for TARP recipients to successfully petition for top level talent under the H-1B program and thus it works counter to the ultimate goal of economic growth for the United States.

The economic stimulus bill has been approved by the Senate and is expected to be signed by President Barack Obama early this week.

NOTE - THE SANDERS H-1B AMENDMENT APPLIES ONLY TO THOSE RECIPIENTS OF TARP FUNDS.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on January 23, 2009 with processing dates as of November 30, 2008.

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.

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