OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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USCIS announced on Wednesday, June 6, 2018, that because of the large amount of petitions received in the first five business days, they will be using a computer-generated lottery to randomly select petitions for the temporary increase in H-2B visas for fiscal year (FY) 2018. Under a temporary rule, USCIS increased the H-2B cap by up to 15,000 additional visas for FY 2018. All H-2B cap-subject petitions received by the USCIS between May 31st and June 6th will be included in the lottery.

For more detailed information about this subject please review the USCIS News Alert, “USCIS to Conduct Lottery for Temporary Increase in FY 2018 H-2B Cap“.

Source of Information:

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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 – Alternate Options to H1B Nonimmigrant Work Visa

Since the H-1B Cap Case Quota has been met, are there any other options for me to hire a Foreign Worker?

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Once a month, MVP Law Groups’ Managing Attorney, Kellie N. Lego publishes an electronic Immigration Newsletter. This emailed newsletter features current articles, relevant data and up-to-date information about U.S. Immigration. We invite you to join our mailing list.

Current Newsletter: MVP Immigration Newsletter – May 2018

Follow link to join: Join our mailing list!

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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, June 8, 2018. Act now and submit your questions!

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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 “Nursery Manager.”

After reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. He wanted the Employer to submit a copy of the State Workforce Agency’s (SWA) Prevailing Wage Determination (PWD). The Employer submitted a PWD from “The Survey Group” along with a letter from this company that provided a job description which was similar to the Nursery Manager’s position, specifically, the position was titled – Nursery Technician.

The CO then informed the Employer that they would need to conduct supervised recruitment. The CO ordered the company “to obtain an updated PWD from the National Prevailing Wage Center.” The CO asserted the PWD listed on the Employer’s 9089 Form was no longer valid. As part of its response to the Supervised Recruitment, the Employer insisted that the CO did not have the authority to instruct them to obtain a new PWD. The Employer also sent a draft advertisement that included the original PWD. The CO issued a Draft Advertisement Correction because “the wage offer was lower than the current prevailing wage.” He directed them to send a new advertisement with a PWD that was equal to or surpassed the current PWD.

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On Monday, May 14, 2018, USCIS begin a recall of more than 8,500 Green Cards, officially known as Permanent Resident Cards due to a production error. The cards were printed with an incorrect “Resident Since” date. The cards in question were mailed out between February 2018 and April 2018.

USCIS has started sending out notices to affected clients, along with a pre-paid return envelope. USCIS would like them to return their incorrect Green Card in the pre-paid envelope within 20 days. For more information on this subject, please review the USCIS News Alert,”USCIS to Recall Incorrectly Dated Green Cards”.

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Memorial Day in United States

“This weekend, folks across the country are opening up the pool, firing up the grill, and taking a well-earned moment to relax. But Memorial Day is more than a three-day weekend. In town squares and national cemeteries, in public services and moments of quiet reflection, we will honor those who loved their country enough to sacrifice their own lives for it.”

– President Obama, Memorial Day 2012 at Arlington National Cemetery

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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.

The focus of the Q&A this week is “KNOW YOUR RIGHTS” when dealing with the Police, Immigration Agents or the FBI.

Question #1 – What are my rights when stopped by Authorities as a foreign national in the US?

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