OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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 Vice President, Mergers & Acquisitions.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO informed the Employer that he would need to oversee their PERM recruitment. As part of the process, the CO sent the employer separate instructions for its advertisement and recruitment report. In the instructions for the recruitment report, he requested the Employer to “state the names, addresses and provide resumes (other than those sent to the employer by the CO) of the U.S. workers who applied for the job opportunity.

A few months later, the Employer presented the outcomes of its PERM recruitment in its recruitment report. The Employer indicated they had received 70 applications from U.S. Workers; and 7 applications from non-U.S. workers. Out of the 70 U.S. candidates, only three of the candidates were interviewed for the position. Based on the interviews, the Employer decided none of the applicants were qualified because they lacked the required critical experience and skills. In the recruitment report, the Employer identified the name of each applicant and provided the reason each candidate was disqualified. However, in the actual report, the Employer did not state the addresses of the applicants. In the report, they wrote a note to the CO that specified the following, “The resumes of the applicants who responded directly to JP Morgan Chase are attached to this report. Please note that the resumes, which are part of this recruitment report, include the name and address of each applicant.”

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 – Advance Parole (AP)

My Advanced Parole expires at the end of the month; do I need to reapply for a new one right away? I don’t plan on traveling again until next year.

The United States Citizenship and Immigration Services (USCIS) will be holding a Teleconference on Thursday, November 14, 2019 from 2 to 4 p.m. (Eastern). This event is entitled “Asylum Division Meeting”. During the teleconference, USCIS officials will provide updates on the Asylum Division, followed by a question and answer session. You may attend this engagement either in person at USCIS, 20 Massachusetts Avenue NW, Washington, DC, or by teleconference (listen only).

Event Information:

DATE: Thursday, November 14, 2019

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, August 9, 2019. Act now and submit your questions!

The United States Citizenship and Immigration Services (USCIS) will be holding a Teleconference on Tuesday, August 6, 2019 from 1 to 2 p.m. (Eastern). This event is entitled “USCIS FY 2019 Citizenship and Assimilation Grant Program”. During the teleconference, USCIS officials will provide an overview of this Grant Program. The teleconference will include a question and answer session about the application requirements and process.

Event Information:

DATE: Tuesday, August 6, 2019

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 – Temporary Work Visa: H-2B

If I come on a seasonal work visa, can I stay in the U.S. until the next work season or do I need to return to the country of which I am a citizen and apply for another visa?

The Administrative Appeals Office (AAO) provides an updated ‘processing times’ in table form, with information on FY2019 third quarterly completions; April 2019 to June 2019. 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 7/8/19. 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.

Contact Information