OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

On Wednesday, April 19, 2017, the U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG) issued a fraud alert! DHS OIG is warning the public that the scam is using their DHS OIG hotline number. These scammers identify themselves as U.S. Immigration employees and have altered their caller ID to show the real DHS OIG hotline (1-800-323-8603) which is not the number or location that they are calling from. They tell the individual that they are a victim of ID theft and demand personally information.

If a Scammer Calls You

If you receive a call demanding personal information or payment, hang up immediatelyIf you want to verify whether a call is from USCIS, you may:

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 “Field Service Engineer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. One of the issues present was the fact that the main worksite address on the ETA Form 9089 was the same as the alien’s address. In its Audit response, the Employer provided its recruitment documentation and explained that the position allows its “Field Service Engineer to work from home and to travel to client sites as needed.”

Once the Employer responded, the CO denied certification. The CO indicated the position communicated in its recruitment efforts did not offer the condition to work from home to US workers. This was a violation of PERM Regulation 20 CFR 656.17(f)(7). This regulation requires that an advertisement “must not contain wages or terms and conditions of employment that are less favorable than those offered to the alien.”

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

What is the difference between having H-1B status and having an H-1B visa?

The USCIS statistics on DACA Initial cases for the first quarter of FY2017, from 10/1/16 to 12/31/16 show a total of 15,201 DACA requests accepted for processing, (N/A) biometric services appointments scheduled, 18,429 requests approved, and 2,130 requests have been denied.

The USCIS statistics on DACA Renewal cases for the first quarter of FY2017, from 10/1/16 to 12/31/16 show a total of 95,009 DACA requests accepted for processing, (N/A) biometric services appointments scheduled, 103,792 requests approved, and 664 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 12/31/16 show a cumulative total of 1,638,685 DACA requests accepted for processing, 1,372,377 biometric services appointments scheduled, 1,462,258 requests approved, and 70,901 requests have been denied.

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 “Instructional Coordinator: Computer Cluster.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. Once the Employer responded, the CO denied certification of the application. He stated the position communicated in its recruitment efforts did not match the one listed on the Employer’s ETA Form 9089 in violation of PERM Regulation 20 CFR 656.17(f)(7). This regulation requires that an advertisement “must not contain wages or terms and conditions of employment which are less favorable than those offered to the alien.”

The employer’s ETA form 9089 contained the following language, not listed in any of its recruitment efforts – “occasional day travel within San Antonio Metropolitan area and/or to Corpus Christi, Texas. No Overnights.” The Employer sent a reconsideration request to the CO. In its argument, the Employer argued that it did not violate 656.17(f)(7) because it did not mention any travel in its recruitment advertising. They also stated by “not listing a travel requirement it makes the terms and conditions of employment offered to US workers more favorable.” The CO affirmed its initial denial and forwarded the case to BALCA for review.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 4/18/17 with processing dates as of 2/28/17.

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)

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, April 28, 2017. Act now and submit your questions!

USCIS has raised its immigration filing fees effective December 23, 2016. Applications and petitions postmarked or filed on or after December 23, 2016, must include these new fees. Please note that USCIS will reject your submission if the fees are not correct!

New USCIS’ fees effective December 23, 2016

FORM TITLE New Fee($)
G–1041 Genealogy Index Search Request 65
G–1041A Genealogy Records Request (Copy from Microfilm) 65
G–1041A Genealogy Records Request (Copy from Textual Record) 65
I–90 Application to Replace Permanent Resident Card 455
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document 455
I-129/129CW Petition for a Nonimmigrant Worker 460
I-129F Petition for Alien Fiancé(e) 535
I–130 Petition for Alien Relative 535
I–131/I-131A Application for Travel Document 575
I–140 Immigrant Petition for Alien Worker 700
I–191 Application for Advance Permission to Return to Unrelinquished Domicile 930
I–192 Application for Advance Permission to Enter as Nonimmigrant 585/930*
I-193 Application for Waiver of Passport and/or Visa 585
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal 930
I-290B Notice of Appeal or Motion 675
I-360 Petition for Amerasian Widow(er) or Special Immigrant 435
I-485 Application to Register Permanent Residence or Adjust Status 1,140
I-485 Application to Register Permanent Residence or Adjust Status (certain applicants under the age of 14 years) 750
I-526 Immigrant Petition by Alien Entrepreneur 3,675
I-539 Application to Extend/Change Nonimmigrant Status 370
I-600/600A Petition to Classify Orphan as an Immediate Relative/Application for Advance Petition Processing of Orphan Petition 775
I-601 Application for Waiver of Ground of Excludability 930
I-601A Application for Provisional Unlawful Presence Waiver 630
I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended) 930
I-687 Application for Status as a Temporary Resident under Section 245A of the Immigration and Nationality Act 1,130
I-690 Application for Waiver of Grounds of Inadmissibility 715
I-694 Notice of Appeal of Decision 890
I-698 Application to Adjust Status From Temporary to Permanent Resident (Under Section 245A of the INA) 1,670
I-751 Petition to Remove Conditions on Residence 595
I-765 Application for Employment Authorization 410
I-800/800A Petition to Classify Convention Adoptee as an Immediate Relative/Application for Determination of Suitability to Adopt a Child from a Convention Country 775
I-800A Supp. 3 Request for Action on Approved Form I-800A 385
I-817 Application for Family Unity Benefits 600
I-824 Application for Action on an Approved Application or Petition 465
I-829 Petition by Entrepreneur to Remove Conditions 3,750
I-910 Application for Civil Surgeon Designation 785
I-924 Application for Regional Center Designation Under the Immigrant Investor Program 17,795
I-924A Annual Certification of Regional Center 3,035
I-929 Petition for Qualifying Family Member of a U-1 Nonimmigrant 230
N-300 Application to File Declaration of Intention 270
N-336 Request for Hearing on a Decision in Naturalization Proceedings 700
N-400 Application for Naturalization 640
N-470 Application to Preserve Residence for Naturalization Purposes 355
N-565 Application for Replacement Naturalization/Citizenship Document 555
N-600/N-600K Application for Certification of Citizenship/Application for Citizenship and Issuance of Certificate under Section 322 1,170
USCIS Immigrant Fee 220
Biometric Services Fee 85

Note:

* The fee for Form I-192 will remain $585 when filed with and processed by CBP

** Certain forms require Biometric Services Fee, add $85

For further details please review the USCIS News Release, “USCIS Announces Final Rule Adjusting Immigration Benefit Application and Petition Fees“.

Source of Information:
USCIS.gov, 10/24/16, News Release:
USCIS Announces Final Rule Adjusting Immigration Benefit Application and Petition Fees

Contact Information