OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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Meeting CANCELED

The United States Citizenship and Immigration Services (USCIS) will be holding a Teleconference on Thursday, November 14, 2019 from 2 to 4 p.m. (Eastern). This event is entitled “Asylum Division Meeting”. During the teleconference, USCIS officials will provide updates on the Asylum Division, followed by a question and answer session. You may attend this engagement either in person at USCIS, 20 Massachusetts Avenue NW, Washington, DC, or by teleconference (listen only).

Event Information:

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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, November 15, 2019. Act now and submit your questions!

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“The soldier above all others prays for peace, for it is the soldier who must suffer and bear the deepest wounds and scars of war.” – General Douglas MacArthur

Veterans Day 2019 – Monday, November 11, 2019 (federal holiday)

In the United States, Veterans Day is a national holiday which is observed every November 11th. This holiday is set aside to honor all who have served in the U.S. Military.

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On Thursday, November 7th, USCIS announced as part of the final rule for the H-1B electronic registration system, they will be charging a non-refundable $10 fee for each H-1B petitioned by an employer. This $10 registration fee will not start until the USCIS implements the electronic registration system.

For further details please review the USCIS News Release, “USCIS Implements $10 Fee for H-1B Visa Registration”.

*The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.

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The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2019 statistics (Fourth Quarter) in the form of program factsheets for each of the major immigration programs. These updated FY2019 statistics (Fourth Quarter) covers July 2019 through September 2019.

The link to each FY2019 (Fourth Quarter) program factsheets is listed below:

• Permanent Labor Certification Program – Select Statistics

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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 2020 (October 1 – March 31) is 33,000. As of the last count (10/31/19); 22,931 beneficiaries have been approved and 6,411 are pending for a total of 29,342.


The H-2B cap limit for second half of FY 2020 (April 1 – September 30) is 33,000. As of the last count (10/31/19); 0 beneficiaries have been approved and 0 are pending for a total of 0.

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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 “Computer SW Engineers, Applications.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. He requested the Employer provide its recruitment documentation and a copy of its Prevailing Wage Determination (PWD). The Employer responded and the CO denied certification on two grounds. First, the wage offered in the Notice of Filing and job order was lower than the PWD. The Employer offered $59,467 and the PWD was $59.467.20. In addition, the CO stated the Employer failed to make available copies of employer notices on its employee referral program with incentives.

The Employer sent a reconsideration request to the CO arguing the 0.0003% discrepancy should not cause their labor application to be denied. They indicated their use of “the Department of Foreign Labor’s Foreign Labor Certification (FLC) Data Center Online Wage Library to determine the appropriate annual wage.” The Employer also stated that it had provided a flier of its Employee Referral Program as well as data in its Recruitment Report about the program. Despite the Employer’s claims, the CO delivered a second denial and forwarded the case to BALCA for assessment.

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On Wednesday, October 30th, USCIS announced that beginning December 2, 2019 they would be increasing the fee for some premium processing requests. The premium processing fee for both Forms, I-129 and I-140 will increase. The fee for requesting premium processing for these two forms will increase from $1,410 to $1,440. USCIS states that the increase is tied to an increase in inflation using the Consumer Price Index.

*Premium processing is an optional service currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of these forms if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees. It cannot be waived. * USCIS

For further details please review the USCIS News Release, “USCIS Adjusting Premium Processing Fee”.

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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 Visa

My 6-year limit has expired on my H-1B visa. How long do I have to remain out of the US before I can apply again?

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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 2020 (October 1 – March 31) is 33,000. As of the last count (10/24/19); 21,375 beneficiaries have been approved and 4,444 are pending for a total of 25,819.


The H-2B cap limit for second half of FY 2020 (April 1 – September 30) is 33,000. As of the last count (10/24/19); 0 beneficiaries have been approved and 0 are pending for a total of 0.

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