H1B Visa Lawyer Blog

December 29, 2017

Immigration Q&A Forum – Originally posted 9/1/17

This blog entry was originally posted on 9/1/17. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Holidays!

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 – Naturalization/Citizenship

December 28, 2017

Immigration Q&A Forum – Originally posted 7/21/17

by Kellie N. Lego

This blog entry was originally posted on 7/21/17. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Holidays!

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 – Employment Based Immigration

December 27, 2017

Immigration Q&A Forum – Originally posted 5/26/17

by Kellie N. Lego

This blog entry was originally posted on 5/26/17. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Holidays!

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

December 26, 2017

Immigration Q&A Forum – Originally posted 4/28/17

by Kellie N. Lego

This blog entry was originally posted on 4/28/17. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Holidays!

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 – H-1B Nonimmigrant Work Visa

December 22, 2017

MVP LAW GROUP – Immigration Q&A Forum, Friday, December 22, 2017

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.

As a result of the recent ICE Raids targeted at Central American Women and Children, 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?

December 20, 2017

Revised (3) – Updated Service Center Processing Times (9/30/17)

by Kellie N. Lego

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 12/7/17 with processing dates as of 9/30/17.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center (CSC)

December 19, 2017

Visa Bulletin – January 2018

by Kellie N. Lego

The Department of State has released its latest Visa Bulletin.

Click the link to view the January 2018 Visa Bulletin

The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).

December 18, 2017

MVP “Immigration Q & A Forum” – This Friday, Dec. 22, 2017

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, December 22, 2017. Act now and submit your questions!

December 15, 2017

BALCA Upholds Denial Due to Lack of Travel Language in NOF

by Kellie N. Lego

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 “Software Quality Engineer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. After the Employer responded, the CO denied certification of the application for violating PERM Regulation 20 CFR 656.17 (f)(4) among other grounds. PERM regulation 656.17 (f)(4) requires that newspaper ads “must indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity.” The Employer’s Notice of Filing and recruitment efforts listed Santa Clara, California ONLY; however, the ETA Form 9089 mentioned Santa Clara, California, and “various unanticipated locations throughout the U.S.”

Even though the Employer sent a reconsideration request to the CO, he delivered a second denial and forwarded the case to BALCA for review. The Employer argued that the position did not necessitate travel and only listed it on the ETA Form to “allow for participation in events outside of the employer’s offices.” They insisted that the travel requirement was optional.

December 13, 2017

H-2B Cap Count UPDATE – 12/11/17

by Kellie N. Lego

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.

The H-2B cap limit for first half of FY 2018 (October 1 – March 31) is 33,000. As of the last count (12/11/17); 19,903 beneficiaries have been approved and 7,063 are pending for a total of 26,966.

The H-2B cap limit for second half of FY 2018 (April 1 – September 30) is 33,000. As of the last count (12/11/17); 0 beneficiaries have been approved and 0 are pending for a total of 0.