OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

On Tuesday, June 18th, three high ranking House Committee Chairpersons, sent a letter to DHS Acting Secretary Kevin K. McAleenan concerning the appointment of Kenneth T. “Ken” Cuccinelli II as USCIS Acting Director! They are mainly requesting a briefing and any documentation related to Cuccinelli’s appointment. I have posted the link to the PDF version of the letter below so you can read it for yourself.

Letter to DHS Acting Secretary Concerning Appointment of Ken Cuccinelli as USCIS Acting Director (PDF)

Signers:

The American Immigration Council (AIC) has released all fifty states and the District of Columbia, for a total of fifty-one updated state-by-state fact sheets highlighting immigration data and facts. These fact sheets highlight the demographic and economic impact of Immigrants in each state.

With national immigration policy being discussed, we thought that it would be a good time to provide some statistics on the Immigrant population in the United States as provided by this AIC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Mississippi, Missouri and Montana!

The AIC has compiled research which shows that Immigrants are an essential part of each of these states’ economy, labor force and tax base. As our economy continues to grow, Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. As United States economic continues to grow, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

The Department of State has released its latest Visa Bulletin.

Click the link to view the July 2019 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).

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 – Family Based Immigration

At what stage of the Family Based Green Card process does the priority date get assigned?

The American Immigration Council (AIC) has released all fifty states and the District of Columbia, for a total of fifty-one updated state-by-state fact sheets highlighting immigration data and facts. These fact sheets highlight the demographic and economic impact of Immigrants in each state.

With national immigration policy being discussed, we thought that it would be a good time to provide some statistics on the Immigrant population in the United States as provided by this AIC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Massachusetts, Michigan and Minnesota!

The AIC has compiled research which shows that Immigrants are an essential part of each of these states’ economy, labor force and tax base. As our economy continues to grow, Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. As United States economic continues to grow, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

U.S. Citizenship and Immigration Services (USCIS) announced that Kenneth T. (Ken) Cuccinelli will be the next Acting Director of USCIS, as of Monday, June 10, 2019. He will replace Director L. Francis Cissna who has been in that position since October 2017 and resigned June 1st. The new Acting Director Cuccinelli stated, “I am honored to be given the opportunity to lead U.S. Citizenship and Immigration Services at this critical time and serve alongside this agency’s dedicated workforce,”.

Please review USCIS News Release, “Cuccinelli Named Acting Director of USCIS” for more details.

Source of Information:

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, June 14, 2019. Act now and submit your questions!

The Board of Alien Labor Certification Appeals (BALCA) affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Multi-Media Artists & Animators.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. After the Employer responded, the CO denied certification of the application for multiple reasons. First and foremost, the position advertised did not match the one listed on the Employer’s ETA Form 9089 in violation of PERM Regulations 20 C.F.R. § 656.10 and § 656.17 (f)(3). These regulations require that an advertisement “provide a description of the vacancy specific enough to apprise a US worker of the job opportunity for which certification is sought.” The CO revealed that the employer’s web advertising specified the position required a minimum of a high school diploma. On the Employer’s ETA Form 9089, it listed a Bachelor’s degree plus 24 months, or 4 years of work experience as an alternative to the degree.

The Employer sent a reconsideration request to the CO. In its argument, the Employer stated the government made a clear error in denying the labor application. The CO delivered a second denial and forwarded the case to BALCA for review.