OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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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 “Electrical Helper.”

Procedural Case History – Case was originally accepted by DOL on December 3, 2007. June 11, 2008 CO denied certification. Appeal File was sent to BALCA on April 30, 2010. On April 21, 2011, BALCA vacated the denial and remanded for further processing. This labor application was for a nonprofessional position.

The Atlanta National Processing Center issued a letter directing the employer to provide evidence that it was a bona fide business entity. Additionally, the CO issued an Audit notification in June 2011. The CO asked the employer for copies of the newspaper tear sheets from its Sunday newspaper advertisements. The CO gave the Employer a one month deadline to submit its response. The Employer provided its response as well as a note asking for a 30 day extension on the tear sheets. The employer’s lawyer stated they had requested it but had not received it at the time of mailing the response.

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The United States Citizenship and Immigration Services (USCIS) will be holding a webinar on Thursday, May 17, 2018 between 2:00 to 3:00 pm (Eastern). This event will include a discussion of USCIS’ online tools and services.

*MyUSCIS is an online service that helps users navigate the immigration process. It offers up-to-date case status information, naturalization preparation tools, and resources to find citizenship preparation classes and doctors. Through myUSCIS, users can also establish an online account and file to renew or replace their Green Card and apply for naturalization. *USCIS Outreach

Event Information:

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The Department of State has released its latest Visa Bulletin.

Click the link to view the June 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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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 – Visa Bulletin

Where can I find the visa bulletin numbers?

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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; Nebraska, Nevada & New Hampshire!

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.

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

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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.

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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:

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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 – April 2018

Follow link to join: Join our mailing list!

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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.

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