OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

USCIS has an online Electronic Reading Room with access to Freedom of Information Act (FOIA) requested documents. The Reading Room is really a Web-based searchable database of public requested FOIA documents; mixed with USCIS documents that the government decided may have a larger public demand. You can use pull-downs to choose different listed subjects and include any month/year date from January 2011 to the present. You can also type in your own keywords to search.

For more detailed information about this subject and to use the Reading Room please review the USCIS Web Page, “Electronic Reading Room“ and try it for yourself.

Source of Information:

The Administrative Appeals Office (AAO) provides an updated ‘processing times’ in table form, with information on FY2018 quarterly completions; April to June 2018. These figures indicate the time that it takes from the date the case is received at AAO coming from the Service Center or District Office to completion.

AAO Processing Times were released with processing dates as of 7/10/18. If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

Note: Starting with the January 2017 Administrative Appeals Office (AAO) Processing Times Report, the AAO has changed how it presents processing time data. The AAO will now provide, by form type, the total number of case completions for the fiscal year quarter and the percentage completed within 180 days, cases completed divided by their projected case goal.

The Department of State has released its latest Visa Bulletin.

Click the link to view the August 2018 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 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 Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Bilingual Programmer.”

After obtaining & examining an Employer’s application for Permanent Labor Certification, the CO issued an Audit notification ordering the Employer to submit a copy of the State Workforce Agency’s (SWA) job order. The Employer replied to the Audit within 30 days.

The CO denied labor certification stating “the SWA offered employment terms and conditions of employment that were less favorable than those offered to the alien.” On the SWA job order, the position “required drug testing/screening and background checks.” These requirements were not listed on the Employer’s ETA Form 9089. The Employer requested reconsideration and attached an amended copy of the ETA Form 9089 that listed the required drug testing/screening and background checks.

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 – Visa Bulletin

Where can I find the visa bulletin numbers?

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 “Senior Food Technologist.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied the application. He believed that the Washington Examiner, where the employer placed its Sunday job postings, did not classify as a newspaper of general circulation in the area of intended employment. The CO was certain most job seekers would choose a paper with a larger classified section and job advertisements. He based his denial on PERM regulation 20 C.F.R. 656.17 (e)(1)(i)(B)(1). This regulation mandates newspaper advertisements for recruitment must be placed “in the newspaper of general circulation in the area of intended employment most appropriate to the occupation and the workers likely to apply for the job opportunity; and most likely to bring responses from able, willing, qualified and available U.S. workers.”

After the denial, the Employer requested reconsideration of the case. The Employer argued the Washington Examiner did have a substantial classified section. They stated the newspaper “has a classified section with advertisements for a large number of job opportunities that included both professional & non-professional positions.” In its reconsideration request, the Employer included a “Wikipedia” article about the Washington Examiner. The Employer argued that because of the size of the circulation of the Examiner as reported on the Wikipedia page, it was in fact the newspaper most appropriate to the occupation and workers.

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.

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, July 13, 2018. Act now and submit your questions!