OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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UPDATED

The Department of State, Office of Visa Services is warning the public of an increase in fraudulent emails and letters sent to Diversity Visa (DV) program (Visa Lottery) applicants. They warned that scammers may try to pose as U.S. government officials, trying to deceive applicants and possibly trying to take their money and private information. They warned DV applicants to only interact with the U.S. Department of State (DOS). Applicants should visit https://www.dvlottery.state.gov/ for official U.S. government information on the program.

DOS began taking online registration for the FY2019 Diversity Visa Program on 10/18/17. The registration period will end on Wednesday, 11/22/17. Again, please visit https://www.dvlottery.state.gov/ for official U.S. government information on the program and more details.

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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 “Instructional Coordinator.”

After reviewing an Employer’s Application for Permanent Labor Certification, the CO denied the application, without audit or a request for additional information, stating that the position did not qualify as a college or university teacher. The CO considered the Instructional Coordinator position as a professional occupation for which the Employer was required to conduct additional mandatory recruitment efforts.

The Employer sent a reconsideration request to the CO. In its argument, the Employer reaffirmed that the position was a university instructor. They submitted additional documentation to support their claim. They provided a detailed description of the position covering the job duties and experience qualifications. This description mentioned “effective teaching in the library instruction program.” The second piece of evidence included a memorandum from the Dean of the University Libraries. In his memorandum, the Dean summarized the Applicant’s position as a Faculty Member in the Division of Library Services, discussed the Applicant’s responsibilities as an Assistant Professor and referred to the Applicant as “an excellent classroom teacher providing effective, creative and critical learning experiences for our students.”

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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 (10/16/17); 11,456 beneficiaries have been approved and 1,756 are pending for a total of 13,212.


The H-2B cap limit for second half of FY 2018 (April 1 – September 30) is 33,000. As of the last count (10/16/17); 0 beneficiaries have been approved and 0 are pending for a total of 0.

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UPDATE

Due to a technical issue, the DV-2019 entry period that began on October 3 has been closed. Entries submitted during October 3-10 are not valid and have been excluded from the system; they will not count as a duplicate entry. The technical issue has been resolved and a new full entry period will begin at noon, U.S. Eastern Daylight Time on Wednesday October 18, 2017 and will run until noon Eastern Standard Time on Wednesday November 22, 2017. Only entries submitted during this period will be accepted and considered for selection in the lottery. Please throw away any confirmation number or other documentation that you have if you submitted an entry during Oct. 3-10.

Link: Electronic Diversity Visa Lottery

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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 – Diversity Visa (DV)

Why do natives of certain countries not qualify for the Diversity Visa (DV) program?

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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 10/13/17 with processing dates as of 8/31/17.

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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UPDATED

The Department of State, Office of Visa Services is warning the public of an increase in fraudulent emails and letters sent to Diversity Visa (DV) program (Visa Lottery) applicants. They warned that scammers may try to pose as U.S. government officials, trying to deceive applicants and possibly trying to take their money and private information. They warned DV applicants to only interact with the U.S. Department of State (DOS). Applicants should visit https://www.dvlottery.state.gov/ for official U.S. government information on the program.

DOS began taking online registration for the FY2019 Diversity Visa Program on 10/18/17. The registration period will end on Wednesday, 11/22/17. Again, please visit https://www.dvlottery.state.gov/ for official U.S. government information on the program and more details.

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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 – September 2017

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, October 27, 2017. Act now and submit your questions!

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