OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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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

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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.

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?

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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)

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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).

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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, December 22, 2017. 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 “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.

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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.

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On Wednesday, December 6, 2017, thousands of protesters gathered outside of the U.S. Capitol to demand legislation to protect young, undocumented immigrants from the Consideration of Deferred Action for Childhood Arrivals (DACA) program that President Obama implement using a Presidential Executive Order and President Trump recently canceled! The cancelation of the DACA program leaves approximately 800,000 former DACA recipients legally unprotected and soon with no legal way to working. Their work permits will expire starting March 5.

Nearly 200 of the protesters were arrested during this protest, including many Maryland local and state lawmakers, Montgomery County Council President Hans Riemer (D-At Large), Maryland State Delegate Ana Sol Gutiérrez (D-Montgomery), Maryland State Del. Jimmy Tarlau (D-Prince George’s) and Mount Rainier Councilwoman Celina Benitez.

For more detailed information about this subject, please read the Washington Post News Article, “Thousands rally outside Capitol to demand DACA solution; Md. lawmakers arrested“.

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The American Immigration Lawyers Association (AILA) released a statement on Wednesday, December 6, 2017, condemning recent attacks by Attorney General Jeff Sessions on the immigration court system and the immigration attorneys who work to protect the rights of immigrants. Benjamin Johnson, AILA Executive Director stated, “Once again, the Attorney General cites flawed facts to castigate the immigration bar for the significant case backlog and inefficiencies in our immigration court system…”

For more detailed information about this subject please review the AILA statement, “AILA: AG Sessions Cites Flawed Facts in Missive on the Immigration Court System “.

Background: The American Immigration Lawyers Association (AILA) is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

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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 – Unlawful Presence in USA

I cannot remember the specifics regarding unlawful presence towards the 3 yr and 10 yr bars, can you provide those time periods?

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