H1B Visa Lawyer Blog

November 7, 2018

Immigration Data & Facts State by State – Arkansas, California and Colorado!

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; Arkansas, California and Colorado!

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.

November 6, 2018

USCIS to Expand Information Services Modernization Program to Key Locations

by Kellie N. Lego

USCIS will start using their new Information Services Modernization Program in some of their field offices, beginning with the Detroit Field Office and five other offices in the Los Angeles District on November 1, 2018. Field offices in the Newark, Great Lakes, and the San Francisco areas will start using the program during the first quarter of FY2019 (Oct. 1, 2018 to Dec. 31, 2018) with all remaining field offices using the new Information Services Modernization Program by the end of FY2019 (Sept. 30, 2019).

“The Information Services Modernization Program ends self-scheduling of InfoPass appointments and instead encourages applicants to use USCIS online information resources to view general how-to information and check case statuses through the USCIS Contact Center. Recent improvements to online tools provide applicants the ability to obtain their case status and other immigration information without having to visit a local field office.” *USCIS

For further details please review the USCIS News Release, “USCIS to Expand Information Services Modernization Program to Key Locations“.

November 2, 2018

MVP LAW GROUP – Immigration Q&A Forum, Friday, November 2, 2018

by Kellie N. Lego

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 – J-1 Visa

My niece has a J1 visa and some things have occurred and now the sponsor wants to cancel her visa. My question is what is the time period that she has to leave the country without incurring any unlawful presence?

November 1, 2018

Immigration Data & Facts State by State – Alabama, Alaska and Arizona!

by Kellie N. Lego

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.

October 31, 2018

BALCA on Presumption of Delivery of DOL Mail

by Kellie N. Lego

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 “Maid.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification. He cited the Employer’s failure to “make a selection for Section H-1” of the 9089 form as grounds for the denial. The Employer submitted a reconsideration request stating that they had completed Section H-1.

The CO issued “a request for information about the bona fides of the Employer’s business.” In addition, he sent an Audit notification to the company’s attorney. After the deadline had passed to receive the Audit response, the CO affirmed its initial denial of labor certification. The Employer sent a reconsideration request to the CO arguing that it never received the Audit notification or the request for information. In its argument, the Employer sent a letter from their General Manager that stated he had never received a letter. They also provided email documentation from the Atlanta Processing Center which cited the Employer’s attorney’s response to the request for information from a request initially made in 2008. The CO denied reconsideration stating the Audit notification was mailed to the address on record, no change of address was recorded within the file, and the other letters were delivered and responded to with no problem.

October 30, 2018

Attorney General Sessions seeks to Expand Power on Immigration Cases

by Kellie N. Lego

The Department of Justice (DOJ) is proposing to change the circumstances which allow Attorney General Jeff Sessions to step-in to a judicial immigration case. Stepping In to an Immigration case means taking charge of case and ruling on it. Past practice has generally had the attorney generals only step-in to affirm or overturn cases the Board of Immigration Appeals (BIA) has already ruled on. These proposed changes could reshape federal immigration policy.

For further details please review The Hill news article, “Sessions seeks to expand power on immigration cases“.

Source of Information:

October 29, 2018

MVP “Immigration Q & A Forum” – This Friday, November 2, 2018

by Kellie N. Lego

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, November 2, 2018. Act now and submit your questions!

October 25, 2018

USCIS Teleconference – (11-19-18) – EB-5 Immigrant Investor Program

by Kellie N. Lego

The United States Citizenship and Immigration Services (USCIS) will be holding a Teleconference on Monday, November 19, 2018 from 1 to 2 p.m. (Eastern). This event is entitled “EB-5 Immigrant Investor Program: Public Engagement”. The first half of the Teleconference will include a discussion of updates to the EB-5 Program and the second half will include a question and answer session.

Event Information:

DATE: Monday, November 19, 2018

October 24, 2018

Immigration Data & Facts State by State – West Virginia, Wisconsin and Wyoming!

by Kellie N. Lego

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; West Virginia, Wisconsin and Wyoming!

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.

October 23, 2018

BALCA OKs Omission of Language Requirement in NOF

by Kellie N. Lego

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 “Production Supervisor.”

Upon evaluating the Employer’s Application for Permanent Labor Certification, the CO denied the Labor Application because he believed it violated PERM regulation 20 C.F.R. 656.17(f)(3), as made applicable by regulation 20 CFR 656.10(d)(4). The CO stated the Employer’s Notice of Filing (NOF) did not include the requirement of having the “ability to speak Spanish” that was listed on the Employer’s 9089 form. The regulations require that an advertisement “provide a description of the vacancy specific enough to apprise the US workers of the job opportunity for which certification is sought.”

The Employer sent a reconsideration request to the CO. In the argument, the Employer stated their NOF met the criteria, as it provided enough information for job applicants and by omitting the Spanish requirement, it would have allowed more candidates to apply.