List of Top News Stories from the last two weeks related to DACA:
Daily Trojan (DailyTrojan.com), 4/26/17:
The story of two DACA and California Dream Act recipients who are college students at USC, but still fear being deported!
List of Top News Stories from the last two weeks related to DACA:
Daily Trojan (DailyTrojan.com), 4/26/17:
The story of two DACA and California Dream Act recipients who are college students at USC, but still fear being deported!
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 immediately. If 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.
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!
Now that all of the new H-1B visas for the 2018 Fiscal Year have been allocated, What options do Employers who are looking to hire Foreign National Professionals have?
Here are some creative solutions to this problem:
OPT – STEM Extension
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