OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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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, April 30, 2021. Act now and submit your questions!

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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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The Biden Administration has proposed adding up to 100 new immigration judges to their Immigration Courts. This part of the overall national budget proposal would allocate millions more in funding to help clear up the immigration legal backlogs, which include hearings and asylum requests.

Please view this Nevada Current News Article for more details: Up to 100 new immigration judges would be added under budget request

Source of Information:

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The Department of State has released its latest Visa Bulletin.

Click the link to view the May 2021 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 Biden Administration quickly reversed itself on the number of refugee admissions after a huge outcry from Democrats and Immigration Advocates! Read some of the different points of view in the stories below!

List of some of the Top News Stories related to “Refugee Admissions”:

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MVP “Immigration Q & A Forum” – April 16, 2021

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 – TN NAFTA Professionals

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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.

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On Monday, April 12th, USCIS announced that F-1 Visa students looking for Optional Practical Training (OPT) can file online using Form I-765. OPT is temporary employment directly related to an F-1 student’s major area of study.

Form I-765, Application for Employment Authorization can be completed online if they are filing under one of these listed categories:

  • (c)(3)(A) – Pre-Completion OPT;
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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, April 16, 2021. Act now and submit your questions!

Continue reading

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President Biden has recorded a welcoming video for newly sworn in U.S. citizens! The video will be used during the naturalization ceremonies and thanks them for choosing the United States. Biden states, “I want to thank you for choosing us and believing that America is worthy of your aspirations,”. He goes on to say, “You all have one thing in common: Courage. The courage it takes to sacrifice and make this journey. The courage to leave your homes, your lives, your loved ones, and come to a nation that is more than just a place but rather an idea,”.

Please view this CNN News Article for more details: Biden records video welcoming new US citizens for naturalization ceremonies

USCIS Video: President Biden USCIS Naturalization Ceremony Video (YouTube)

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