OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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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; Vermont, Virginia and Washington!

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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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 “Marketing Manager.”

Upon evaluating an Employer’s Application for Permanent Labor Certification, the CO ordered the Employer to present copies of its recruitment efforts. The Employer provided a copy of its notice of filing, job order with the Washington State Workforce Agency (SWA), as well as newspaper ads placed in the Seattle Times. In addition, they submitted a copy of the company’s recruitment report.

After reviewing the recruitment data, the CO denied Certification because he believed it violated PERM regulation 20 CFR 656.17(f)(6), which provides that additional language not found on the ETA Form 9089 exceeds the job requirements for the position. The CO stated the Employer’s Notice of Filing (NOF), SWA job order, newspaper advertisements and web advertisements all listed “may require employer-reimbursed travel.” The phrase was not listed on the Employer’s 9089 form.

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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

Are employers required to post a notice of filing of LCA at the end-client location? Why can’t we just post at our offices?

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The United States Citizenship and Immigration Services (USCIS) will be holding a Teleconference on Thursday, March 7, 2019 from 1 to 2 p.m. (Eastern). This event is entitled “H-1B Filing Tips and Understanding Requests for Evidence (RFEs)”. The first half of the teleconference will include a discussion of H-1B filing tips and why Requests for Evidence (RFEs) may be issued for H-1B petitions. The second half will include a question and answer session; the USCIS is asking for your feedback.

Event Information:

DATE: Thursday, March 7, 2019

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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, March 8, 2019. Act now and submit your questions!

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USCIS has a great resource web page, “Citizenship Resource Center”! They have centralized available online information about becoming a U.S. Citizen. This web page includes citizenship preparation materials and activities and is divided in to three main section:

Learners – Prepare for U.S. Citizenship

Educators – Welcome Teachers

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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; Rhode Island, South Carolina and South Dakota!

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.

Continue reading

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USCIS announced that it has received a sufficient number of H-2B petitions to reach the congressionally mandated cap (33,000) for the second half of FY 2019. February 19, 2019 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before October 1, 2019. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY2019, for a total of 66,000 for the year.

USCIS will reject new H-2B petitions that were received after February 19, 2019 and that request an employment start date before October 1, 2019, but there are some exceptions!

The exceptions are listed below:

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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 “Financial Programmer Analyst.”

Upon reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit Notification and required the Employer to submit further documentation.

After looking through the documents, the CO denied the Labor Certification because he believed the Employer violated PERM regulation 20 CFR 656.17(f) (6). The CO stated the Employer’s advertisement posted on a job search website listed a travel requirement not listed on the Employer’s ETA Form 9089.

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