OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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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 “Assistant Sports Editor, Al Dia.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. He asked the employer to provide documentation of their recruitment process. The Employer submitted copies of print and online job ads. However, the response did not contain any printouts from the employer’s own website.

The CO denied the application declaring that the Employer failed to deliver sufficient documentation to show the Employer used its own website to advertise the job. The Employer did not provide pages from their website that contained the dates the ads were posted online. In addition, the CO believed the Employer unlawfully rejected some US Applicants.

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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, June 23, 2017. Act now and submit your questions!

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The Immigration Policy Center (IPC) has released all fifty states, the District of Columbia and the United States (Overall), for a total of fifty-two updated fact sheets with accompanying info graphics and other details. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

With national immigration policy being discussed as part of Presidential Elections, 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 IPC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Illinois, Indiana & Iowa.

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ economy, labor force and tax base. Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. With the nation working towards economic recovery, 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 USCIS statistics on DACA Initial cases for the second quarter of FY2017, from 1/1/17 to 3/31/17 show a total of 10,362 DACA requests accepted for processing, (N/A) biometric services appointments scheduled, 17,275 requests approved, and 3,049 requests have been denied.

The USCIS statistics on DACA Renewal cases for the second quarter of FY2017, from 1/1/17 to 3/31/17 show a total of 122,428 DACA requests accepted for processing, (N/A) biometric services appointments scheduled, 107,524 requests approved, and 1,127 requests have been denied.

This DACA Report includes data for FY2012, FY2013, FY2014, FY2015, FY2016 and FY2017. The USCIS statistics on DACA cases from 8/12/12 to 3/31/17 show a cumulative total of 1,771,475 DACA requests accepted for processing, 1,372,377 biometric services appointments scheduled, 1,586,657 requests approved, and 74,997 requests have been denied.

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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 “Electronics Engineer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification requesting evidence of the employee’s work experience. The Employer sent back its recruitment documentation as well as the worker’s educational information, among other documents.

Upon review of the Audit response, the CO denied the Labor Certification. The CO believed the applicant’s credentials did not match the position’s minimum job requirements recorded on the Labor application. He stated the worker did not have a Master’s degree or 60 months experience at the time of his hire and only received his Master’s degree after he started working for the company. Overall, the CO declared “the Employer’s job requirements listed on Form 9089 did not represent the Employer’s actual minimum requirements.”

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The Department of State has released its latest Visa Bulletin.

Click here to view the July 2017 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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On Thursday, May 25, 2017, the U.S. Court of Appeals for the 4th Circuit upheld a lower court’s decision that barring President Trump from implementing his second attempt at a travel ban against six majority-Muslim countries (Iran, Libya, Somalia, Sudan, Syria and Yemen). In response, President Donald Trump’s administration asked the U.S. Supreme Court to immediately reinstate the Travel Ban.

This is the first time the new administration has bought a case to the Supreme Court. This case places the nine justices in the middle of a national drama over the claims that the President is targeting Muslims and abusing his Presidential authority.

For more detailed information about this subject please review the news articles list below.

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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 – Alternate Options to H1B Nonimmigrant Work Visa

Since the H-1B Cap Case Quota has been met, are there any other options for me to hire a Foreign Worker?

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The Immigration Policy Center (IPC) has released all fifty states, the District of Columbia and the United States (Overall), for a total of fifty-two updated fact sheets with accompanying info graphics and other details. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

With national immigration policy being discussed as part of Presidential Elections, 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 IPC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Georgia, Hawaii & Idaho.

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ economy, labor force and tax base. Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. With the nation working towards economic recovery, 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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