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, September 25, 2020. Act now and submit your questions!

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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; Alabama, Alaska and Arizona!

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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I have listed the general COVID safety guidelines for entering a USCIS facilities below. Remember to check for the specific guidelines that you must follow for any building that you may personally need to enter for official USCIS related business.

Guidelines for Entering USCIS Facilities

– Visitors may not enter a USCIS facility if they:

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USCIS announced on Friday, September 11th, that they were extending the flexibilities that they originally announced on March 30th. These flexibilities are for responding to certain requests from the USCIS, some are listed below:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
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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.

9.11.01 We Remember

Question #1 – Employment Based Green Card Sponsorship

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On August 25th, Secretary Pompeo, in consultation with the Department of Homeland Security, announced expanded ability of consular officers to waive the in-person interview requirement for individuals applying for a nonimmigrant visa in the same classification. Before this new expansion, only those applicants whose nonimmigrant visa expired within 12 months were eligible for an interview waiver.

Review the  Department of State (DOS) U.S. Visa News Article, “DOS Expands Interview Waiver Eligibility” for more details!

Source of Information:

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USCIS has now updated their Policy Manual with guidance on the final fee rule! The final fee rule adjusts the fees USCIS charges for certain immigration benefit applications and petitions, in this case mostly increases. The final rule was published in the Federal Register on August 3, 2020 and the fees changes will take effect on Friday, October 2nd.

Link to the Final Rule on the USCIS fee changes, includes the new fee charts: Final Rule

Please visit the USCIS news alert for more detailed information: USCIS Issues New Policy Guidance on Final Fee Rule

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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 11, 2020. Act now and submit your questions!

Continue reading

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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 “Senior Software Engineer.”

The CO denied the labor certification stating the alternative requirements for the position were different (not substantially equivalent) from the primary job requirements on the ETA Form 9089. The Employer mentions as an alternative requirement for this position – 12 years of related experience as being equivalent to possessing a Bachelor’s degree. On the Form, the Employer lists the “primary requirements of a Bachelor’s degree in Engineering, Electronic Engineering, or a closely related field, and 60 months of experience” in the job offered. The CO cited a violation of PERM Regulation 20 C.F.R. § 656.17(h)(4)(i).

The Employer requested reconsideration of the denial stating it only listed one education and experience requirement; therefore, it did not accept an alternative combination of education & experience. They argued that their recognition of 12 years of experience as the equivalent of a bachelor’s degree is a widely used standard in the IT industry and amongst U.S. educational institutions.

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