OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

USCIS announced that it is creating four “hubs” on military bases to provide military naturalization services. The four “hubs” will be located at Camp Humphreys, South Korea; Commander Fleet Activities Yokosuka, Japan; U.S. Army Garrison Stuttgart, Germany; and Naval Support Activity Naples, Italy. Service members and their eligible family members will now be able to complete their naturalization process at one of these four “hubs”. USCIS Acting Director Ken Cuccinelli stated, “These service members and their families sacrifice so much to keep our country safe and free. I thank the Department of Defense for partnering with USCIS to ensure naturalization services remain available throughout their deployments overseas.”

For further details please review the USCIS News Release, “USCIS Announces New Locations for Onsite Overseas Military Naturalization Services”.

Source of Information:

The American Immigration Council (AIC) has released all fifty states and the District of Columbia, for a total of fifty-one updated state-by-state fact sheets highlighting immigration data and facts. These fact sheets highlight the demographic and economic impact of Immigrants in each state.

With national immigration policy being discussed, 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 AIC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Iowa, Kansas and Kentucky!

The AIC has compiled research which shows that Immigrants are an essential part of each of these states’ economy, labor force and tax base. As our economy continues to grow, Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. As United States economic continues to grow, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

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 4, 2019. Act now and submit your questions!

Every year nearly 400 temporary foreign workers arrive, mostly crab pickers, they are hired to work on some the secluded Chesapeake Bay islands’ seafood processing plants! These seasonal workers, which are mostly from Mexico came to Maryland’s Eastern Shore as part of the H-2B visa nonimmigrant program!

For further details please review the Baltimore Sun’s News Article, “‘I’m not here to take anyone’s job’: Mexican crab pickers quietly work in Maryland as immigration debate rages”.

Background:

On Monday, September 23, 2019, USCIS announced a re-registration period for individuals with Temporary Protected Status (TPS) under Syria’s designation, can extended their designation until March 31, 2019. Current TPS Syrian beneficiaries who would like to extend their TPS must re-register between September 23, 2019 and November 22, 2019.

For further details please review the USCIS News Release, “Re-Registration Period Now Open for Individuals with TPS under Syria’s Designation”.

Background:

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The Department of Homeland Security (DHS) on August 14th officially released the final “Public Charge” rule to the Federal Register for public inspection! This version of the “Public Charge” rule will take effect in 60 days from its release date. The rule will decrease the number of immigrants eligible for green cards and admission to the United States because of income and for certain use of public benefits. Ken Cuccinelli, Acting Director of USCIS stated, “Give me your tired and your poor who can stand on their own two feet and who will not become a public charge,”

Below is part of the *USCIS News Release:

*This final rule amends DHS regulations by prescribing how DHS will determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act. The final rule addresses U.S. Citizenship and Immigration Services (USCIS) authority to permit an alien to submit a public charge bond in the context of adjustment of status applications. The rule also makes nonimmigrant aliens who have received certain public benefits above a specific threshold generally ineligible for extension of stay and change of status.

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 “Director of Sales.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification of the application for multiple reasons. Most importantly, the Employer did not include their name on their Notice of Filing (NOF) in violation of PERM regulation 656.10(d). PERM regulation 656.17 (f)(1) mandates that the advertisements “name the employer.”

The Employer sent a reconsideration request to the CO. In its argument, the Employer stated the NOF was acceptable regardless of the omission of their name. The Employer argued that public access to its building is limited and it is very plausible that only the company’s three employees would have access to the filing. With its request, the Employer submitted multiple documents including their articles of incorporation; federal tax return; photographs of the facility & bulletin posting area; certifications of accreditation; Florida Resale Certificate for Sales Tax; lease agreements; Google Map print-outs; and Miami.Dade.gov Property Information. With its Reconsideration Request, the Employer relied upon the Stone Tech decision.

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 – H1B Nonimmigrant Visa

Visa In a few months, I will be starting work in the US with an H-1Visa. Does my spouse need to accompany me to the US right away? She wanted to stay in our home country for a few months. My wife has an approved H-4 Visa.

The Department of State has released its latest Visa Bulletin.

Click the link to view the October 2019 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).