OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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, May 11, 2018. Act now and submit your questions!

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; Mississippi, Missouri & Montana!

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.

The United States Citizenship and Immigration Services (USCIS) will be holding a Teleconference on Thursday, May 3, 2018 between 1:00 to 1:30 pm (Eastern). This event is entitled “National Stakeholder Engagement: Signature Confirmation Restricted Delivery Service” and will include a discussion of the use of the U.S. Postal Service’s (USPS) Signature Confirmation Restricted Delivery service.

USCIS just announced the phasing in of the use Signature Confirmation Restricted Delivery for specific documents starting April 30, 2018. Please review the USCIS news release, “USCIS to Begin Using More Secure Mail Delivery Service” for more details.

Event Information:

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 – April 2018

Follow link to join: Join our mailing list!

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 “Senior Design Verification Engineer.”

After reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. Upon receiving the employer’s audit response, the CO denied the application for multiple reasons. He declared that the Employer’s print advertisements did not “provide a description of the vacancy specific enough to apprise the US Workers of the job opportunity.” The remaining reasons for denial concerned the Employer’s use of on-campus recruitment.

The Employer presented a Request for Reconsideration claiming its evidence adhered to ETA guidance and regulations. The CO accepted the Employers’ claims for part of the denial but believed his other reasons for denial were valid. The CO wanted evidence that the job fair actually took place, which is not required under the regulations. In addition, the CO believed that the email received by the on-campus placement office did not contain enough specific information concerning the job.

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 Family Based Immigration

At what stage of the Family Based Green Card process does the priority date get assigned?

On Wednesday, April 11, 2018, Attorney General Jeff Sessions gave a speech to the Southwestern Border Sheriff’s Coalition in Las Cruces, NM. Las Cruces, NM is about 45 miles from El Paso, TX and the border with Mexico. His remarks focused on the Trump Administration’s view of border security and immigration enforcement. AG Sessions called for an end to what he called, “loopholes,” in asylum law, more local law enforcement participation in 287(g) and funding for the southern border wall.

I have included the links below to both a transcript and a YouTube video of the Attorney General’s speech, so you can judge his remarks for yourself.

Justice News – Transcript:

The United States Citizenship and Immigration Services (USCIS) will be holding a webinar on Thursday, April 26, 2018 between 2:00 to 3:00 pm (Eastern). This event will include a discussion of USCIS’ online tools and services. Do not worry if you miss this webinar, there are three more planned for a total of four events, each with the same content.

Event Information:

To register for this session:

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, April 27, 2018. Act now and submit your questions!

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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