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, February 22, 2019. Act now and submit your questions!

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The United States Citizenship and Immigration Services (USCIS) will be holding a Teleconference on Friday, February 22, 2019 from 2 to 4 p.m. (Eastern). This event is entitled “Asylum Division Quarterly Stakeholder Meeting”. The first half of the Teleconference will include a discussion of updates by the Asylum Division and the second half will include a question and answer session.

Event Information:

DATE: Friday, February 22, 2019

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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 Analyst-Senior”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. Specifically, he requested information on US Workers that had been recently laid off. The Employer presented its response in a timely manner. Upon review of the information, the CO denied certification. He stated the Employer turned down a qualified U.S. worker. The CO believed there was at least one fitting candidate for the job opening. One of the laid off workers had been a Financial Analyst Senior and possessed a Bachelor’s Degree in Economics with experience in business applications.

The Employer requested reconsideration of the denial, the CO denied reconsideration of the case and the case was forwarded to BALCA. The CO noted that the Employer wrote in the Request for Reconsideration that “the most critical skill for the position is advanced programming skills.” Yet, that qualification was not listed on ETA Form 9089.

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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; North Carolina, North Dakota and Ohio!

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 Governor of New Mexico, Michelle Lujan Grisham, (Dem.), has ordered the withdrawal of most of NM National Guard troops deployed at their border with Mexico! She stated that she would no longer take part in President Donald Trump’s “fear-mongering.” Grisham is also calling for all the other border states to do the same, both North and South.

The Governor said, “I reject the federal contention that there exists an overwhelming national security crisis at the southern border, along which are some of the safest communities in the country. However, I recognize and appreciate the legitimate concerns of residents and officials in southwestern New Mexico, particularly Hidalgo County, who have asked for our assistance, as migrants and asylum-seekers continue to appear at their doorstep,”.

Please review the UPI News Article, “Gov. Grisham withdraws National Guard troops from New Mexico border” for more details.

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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 – TN Visa

I am a Canadian citizen and wanted to work as a dentist in the US. Do I qualify for a TN Visa under the NAFTA regulations?

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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 “Account Manager.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. It required the Employer to present all of its recruitment materials. The Employer responded with the documentation requested.

The CO denied the application based on PERM regulation 20 C.F.R. 656.17 (e) (1) (ii) (E). He stated “the employer failed to provide adequate documentation of the additional recruitment steps for professional occupations.” The Employer placed the ad for the Account Manager position on the website Dice.com, which the Employer argued was a trade or professional organization. The CO maintained that this website did not qualify as a trade or professional organization.

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The Administrative Appeals Office (AAO) provides an updated ‘processing times’ in table form, with information on FY2019 quarterly completions; October 2018 to December 2018. These figures indicate the time that it takes from the date the case is received at AAO coming from the Service Center or District Office to completion.

AAO Processing Times were released with processing dates as of 1/18/19. If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

Note: Starting with the January 2017 Administrative Appeals Office (AAO) Processing Times Report, the AAO has changed how it presents processing time data. The AAO will now provide, by form type, the total number of case completions for the fiscal year quarter and the percentage completed within 180 days, cases completed divided by their projected case goal.

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

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