OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

The Department of State has released its latest Visa Bulletin.

Click here to view the June 2017 Visa Bulletin

The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).

USCIS announced (by email alert) on Wednesday, May 3, 2017 that they have completed the data entry of all Fiscal Year (FY) 2018 H-1B cap – subjected petitions that have been selected randomly through a computer generated process. USCIS will begin returning all H-1B petitions that were not selected but because of the large amount received; the return time frame is unknown. They also ask that petitioners not contact them until they have received a receipt notice or had their unselected petition returned.

For more detailed information about this subject please review the USCIS News Alert, “USCIS Completes Data Entry of Fiscal Year 2018 H-1B Cap-Subject Petitions“.

Source of Information:

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Landscape Tech.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification requesting the Employer to present documentation of its Notice of Filing (NOF). Once the CO received the Audit materials, he denied the Labor Application on the ground that the Employer failed to confirm that the NOF was posted for ten (10) consecutive business days between 30 and 180 days before filing its ETA Form 9089, in violation of PERM regulation 20 CFR 656.10(d).

The Employer sent a reconsideration request to the CO. In his response to the reconsideration request, the CO requested the Employer, in 30 days, present a complete copy of their ETA Form 9089, a complete copy of the Request for Reconsideration and a complete copy of all of the audit documentation. The Employer provided the documentation; however, the CO denied the Labor Application citing the Employer did not send its materials back in a timely manner. The Employer then filed a second reconsideration request. In its argument, the Employer claimed it was an administrative error on the part of the Department of Labor, and re-submitted all of its materials including the original filing, audit materials and correspondence with the CO.

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, May 12, 2017. Act now and submit your questions!

USCIS has released their first quarter, Fiscal Year 2017 (FY2017) performance data for all form types as a statistical table. They have divided the forms by category: Family, Employment, Humanitarian, Citizenship and Naturalization, and Other as the rows. The columns are divided by case status: Received, Approved, Denied, and Pending. These updated FY2017 statistics (first quarter) cover October 2016 through December 2016. Here is the link to the Q1 table, “All Form Types Performance Data (Fiscal Year 2017, 1st Qtr)“.

Source of Information:

– USCIS.gov, 4/4/17, Table (PDF):

Once a month, MVP Law Groups’ Managing Attorney, Kellie N. Lego publishes an electronic Immigration Newsletter. This emailed newsletter features current articles, relevant data and up-to-date information about U.S. Immigration. We invite you to join our mailing list.

Current Newsletter: MVP Immigration Newsletter – April 2017

Follow link to join: Join our mailing list!

On Wednesday, April 19, 2017, the U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG) issued a fraud alert! DHS OIG is warning the public that the scam is using their DHS OIG hotline number. These scammers identify themselves as U.S. Immigration employees and have altered their caller ID to show the real DHS OIG hotline (1-800-323-8603) which is not the number or location that they are calling from. They tell the individual that they are a victim of ID theft and demand personally information.

If a Scammer Calls You

If you receive a call demanding personal information or payment, hang up immediatelyIf you want to verify whether a call is from USCIS, you may:

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Field Service Engineer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. One of the issues present was the fact that the main worksite address on the ETA Form 9089 was the same as the alien’s address. In its Audit response, the Employer provided its recruitment documentation and explained that the position allows its “Field Service Engineer to work from home and to travel to client sites as needed.”

Once the Employer responded, the CO denied certification. The CO indicated the position communicated in its recruitment efforts did not offer the condition to work from home to US workers. This was a violation of PERM Regulation 20 CFR 656.17(f)(7). This regulation requires that an advertisement “must not contain wages or terms and conditions of employment that are less favorable than those offered to the alien.”

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – H-1B Nonimmigrant Work Visa

What is the difference between having H-1B status and having an H-1B visa?