OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

Reminder

The Citizenship and Immigration Services Ombudsman will be holding a Teleconference on Thursday, October 17, 2019 from 2:00 pm to 3:00 pm (EDT). This event is entitled “USCIS’ New Inquiry Process – How is it working for you?”. During the teleconference, USCIS officials will discuss USCIS’ New Inquiry Process. This teleconference will include a question and answer session at the end of the presentation.

 
Event Information:

UPDATE – DHS Public Charge Final Rule – Court Ordered Delay

A District Court has ordered the DHS and USCIS NOT to enforce or apply the new DHS Public Charge Final Rule, including Form changes!

 
On October 11, 2019, the U.S. District Court of the Southern District of New York enjoined and restrained the Department of Homeland Security (DHS) and USCIS from “enforcing, applying, or treating as effective” the DHS Public Charge Final Rule. In addition, the court specifically enjoined the government from implementing the use of any new or updated forms whose submission would be required under the Final Rule, including the Form I-129, Form I-485, Form I-539, Form I-864, Form I-864 EZ, Form I-944, and Form I-945. As of 5:00 pm (ET), USCIS appeared to have removed the new/revised forms from its website.*

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, October 18, 2019. Act now and submit your questions!

UPDATE – DHS Public Charge Final Rule

A District Court has ordered the DHS and USCIS NOT to enforce or apply the new DHS Public Charge Final Rule, including Form changes!

USCIS has published new versions of Forms I-485, I-129, I-539, I-864, I-864EZ and I-944 and released them late on Wednesday, October 9th! These new versions of forms have been updated to comply with the new Public Charge Rule. The new Public Charge Rule takes effect on Tuesday, October 15, 2019 and these new versions of the forms must be used on and after that date.

The Citizenship and Immigration Services Ombudsman will be holding a Teleconference on Thursday, October 17, 2019 from 2:00 pm to 3:00 pm (EDT). This event is entitled “USCIS’ New Inquiry Process – How is it working for you?”. During the teleconference, USCIS officials will discuss USCIS’ New Inquiry Process. This teleconference will include a question and answer session at the end of the presentation.

 
Event Information:

DATE/TIME: Thursday, October 17, 2019 from 2:00 pm to 3:00 pm (EDT)

You can now check USCIS processing times online at the USCIS web site. All you need to enter is your form number, and the office processing your case. USCIS has made processing times easier to understand and provide a more realistic date range.

 

Check Case Processing Times

 

The processing time range is how long it is taking for USCIS to process your type of case from the date they received it. USCIS processes cases in the order they receive them, and they normally update this information monthly. The estimated time range displayed is based on data captured over the last two months.

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 “Software Engineer.”

The CO denied the labor certification stating “the Employer did not notify potentially qualified laid-off US workers of the job opportunity.” In response, the Employer requested reconsideration of the denial. The Employer argued they did not have a US worker who met the qualifications of the position. The CO sent an Audit Notification requesting documentation of all of the laid-off US workers and how they were advised of the available position and the results of such notification and consideration. A month later, the Employer presented a recruitment report that summarized its “lay-off review.”

Once again, the CO denied the labor application because he believed “a US worker was rejected for non-job related reasons.” The Employer did not re-hire the US worker because he did not have the required specific skill sets. While the CO was aware that the US worker lacked the qualifications, he believed the worker could gain through reasonable on the job training the skills necessary to perform the job duties of the position.

The United States Citizenship and Immigration Services (USCIS) will be holding a Teleconference on Wednesday, October 9, 2019 from 8 to 8:45 a.m. Eastern, and from 7 to 7:45 p.m. Eastern. This event is entitled “Overseas Military Naturalization”. During the teleconference, USCIS officials will discuss the new Overseas Military Naturalization procedures and share available resources with military members and their families. This teleconference will include a question and answer session at the end of the event.

 
Event Information:

DATE/TIME: Oct. 9, from 8 to 8:45 a.m. Eastern, and from 7 to 7:45 p.m. Eastern

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 – Biometrics

It has been 3 years since I have taken fingerprints for my Green Card. Should I have new ones done to update my case?

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 “Computer & Information Systems Manager.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. Once the Employer responded to the Audit, the CO denied certification of the application for failing “to respond to the audit notification within the required time.”

The Employer sent a reconsideration request to the CO. In its argument, the Employer submitted its audit response documentation that included a copy of its job posting from its website with an unreadable handwritten note displaying the dates of posting. In addition, the recruitment report signed by the Company’s President was submitted. In the report, the time frame for the job posting on the employer’s website was listed as November 30 to December 30, 2008.