OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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Annually, the United States government issues a maximum of 50,000 green cards through a computer-generated random lottery drawing. Applications for the DV-2019 random lottery will be accepted from noon (ET) Tuesday, October 3, 2017 through noon (ET) Tuesday, November 7, 2017. Paper entries will not be accepted, eligible participants may access the electronic Diversity Visa entry form (E-DV) to apply during this period. Early entry is recommended and they strongly encourage applicants not to wait until the last week of the registration period to enter!

These green cards are only available to those eligible participants from countries with low rates of immigration to the United States. Please check the “INSTRUCTIONS FOR THE 2019 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2019)” for the complete list of countries/areas whose natives are eligible for DV-2019.

Note: Please review the list of countries/areas whose natives are eligible for DV-2019 because it also includes the countries that are not eligible. Natives of countries that sent more than 50,000 immigrants to the U.S. in the previous five years are not eligible.

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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 “Producer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. It required the Employer to show proof of the State Workforce Agency’s (SWA) job order as well as all resumes received in connection with the position. The Employer responded and the CO continued to review the application.

The CO denied the application based on two different PERM regulations. PERM regulation 20 C.F.R. 656.17 (e)(1)(i) requires that “two print advertisements are mandatory for all applications involving professional occupations.” These advertisements must run on two different Sundays in the area of intended employment. The Employer placed the ad for the Producer position in the Wall Street Journal (WSJ), which does not qualify as a professional journal, and could not be used in lieu of the mandatory Sunday advertisements as required by the PERM regulations, because the ad was not run on a Sunday. Furthermore, the CO indicated in his denial that the employee did not meet the minimum requirements of the position. He cited PERM regulation 20 C.F.R. 656.17(i)(1).

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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 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.

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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.

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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’”.

Source of Information:

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Posted in: DACA
Updated:

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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 – 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?

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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.

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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).

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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 “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.

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

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