OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.

The H-2B cap limit for first half of FY 2018 (October 1 – March 31) is 33,000. As of the last count (9/6/17); 4,580 beneficiaries have been approved and 1,240 are pending for a total of 5,820.


The H-2B cap limit for second half of FY 2018 (April 1 – September 30) is 33,000. As of the last count (9/6/17); 0 beneficiaries have been approved and 0 are pending for a total of 0.

The Immigration Policy Center (IPC) has released all fifty states, the District of Columbia and the United States (Overall), for a total of fifty-two updated fact sheets with accompanying info graphics and other details. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

With national immigration policy being discussed as part of Presidential Elections, 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 IPC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Wisconsin, Wyoming & Washington, D.C..

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ 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 each of these states.

Senator John McCain, AZ (R), made his first TV interview since his diagnosis of brain cancer in July! On Sunday, September 10th, Senator McCain appeared on CNN’s “State of the Union” with Jake Tapper. He talked about many things from his illness to Politics but one of the most important issues to him was the Consideration of Deferred Action for Childhood Arrivals (DACA) or often called the Dreamers. Senator McCain feels that Congress should pass permanent protections for the, “Dreamers” now that President Trump has canceled the program after a 6 months grace period. He would like the protections for these young people to be part of a comprehensive immigration package. McCain stated, “It is not conscionable to tell young people who came here as children that they have to go back to a country that they don’t know,”

For more detailed information about this subject please review the news article, “John McCain: ‘Not conscionable’ to deport ‘Dreamers’”.

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Question #1 – H1B Nonimmigrant Work Visa

If I plan to continue working for my employer in the US, at what point should we apply for an H1 extension?

The Immigration Policy Center (IPC) has released all fifty states, the District of Columbia and the United States (Overall), for a total of fifty-two updated fact sheets with accompanying info graphics and other details. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

With national immigration policy being discussed as part of Presidential Elections, 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 IPC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Virginia, Washington & West Virginia.

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ 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 each of these states.

The Department of State has released its latest Visa Bulletin.

Click the link to view the October 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).

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 “Literary & Media Specialist”.

The CO denied the application stating that the Employer failed to provide sufficient documentation of a radio advertisement. He cited it was in violation of PERM regulation 20 C.F.R. 656.17(e)(1)(ii)(J).

PERM regulation 20 C.F.R. 656.17(e)(1)(ii)(J) expects employers to provide a copy of an advertisement as well as a written confirmation from the radio or television station stating when the ad was aired.

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, September 15, 2017. Act now and submit your questions!

The Immigration Policy Center (IPC) has released all fifty states, the District of Columbia and the United States (Overall), for a total of fifty-two updated fact sheets with accompanying info graphics and other details. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

With national immigration policy being discussed as part of Presidential Elections, 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 IPC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Texas, Utah & Vermont.

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ 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 each of these states.

On Tuesday, September 5th, President Trump released a statement canceling the Deferred Action for Childhood Arrivals (DACA) program, which has protected 800,000 young adults from deportation. The president has placed a six month delay on the cancellation hoping that Congress will enact their own version of DACA and protect these young people. Below are two links to President Trump’s complete DACA statement; the first link is to the Southern Poverty Law Center (SPLC) which has been annotated and the second link is to Fox News which only includes the text.

SPLC – President Trump’s DACA Statement, Annotated

Fox News – President Trump’s statement on DACA