OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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Deferred Action for Childhood Arrivals (DACA) has changed is truly an understatement! On September 5th, the Department of Homeland Security (DHS) started the completed phase out of the DACA program as ordered by President Trump.

President Trump says he has a “great love” for these young immigrants that were protected under the DACA program and hopes “Congress will be able to help them and do it properly.” He has also promised to revisit the subject if Congress doesn’t act but no one really knows what that means.

DACA phase out

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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 9/22/17 with processing dates as of 7/31/17.

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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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 Authorization (EAD)

I filed for my EAD renewal back in May and it is still pending. My current EAD expires next week. What are my options?

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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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On Monday, September 18th, U.S. Citizenship and Immigration Services (USCIS) resumed premium processing for all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. The FY 2018 H-1B visa cap has been set by Congress at 65,000 visas plus 20,000 additional visas set aside for applicants with a master’s degree or higher.

When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-day processing time and if that can’t be met, the agency will refund the petitioner’s premium processing service fee and continue with expedited processing of that application.

For more detailed information about this subject please review the USCIS news release, “USCIS Resumes Premium Processing for Some Categories of Applicants Seeking H-1B Visas”.

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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 9/18/17 with processing dates as of 7/31/17.

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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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, September 29, 2017. Act now and submit your questions!

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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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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 “Producer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. It required the Employer to show proof of the State Workforce Agency’s (SWA) job order as well as all resumes received in connection with the position. The Employer responded and the CO continued to review the application.

The CO denied the application based on two different PERM regulations. PERM regulation 20 C.F.R. 656.17 (e)(1)(i) requires that “two print advertisements are mandatory for all applications involving professional occupations.” These advertisements must run on two different Sundays in the area of intended employment. The Employer placed the ad for the Producer position in the Wall Street Journal (WSJ), which does not qualify as a professional journal, and could not be used in lieu of the mandatory Sunday advertisements as required by the PERM regulations, because the ad was not run on a Sunday. Furthermore, the CO indicated in his denial that the employee did not meet the minimum requirements of the position. He cited PERM regulation 20 C.F.R. 656.17(i)(1).

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