OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

USCIS issued a news alert on Thursday, July 30th stating that they have returned all fiscal year 2019 (FY 2019) H-1B cap-subject petitions that were not selected in their computer-generated lottery. USCIS completed the data entry of all selected H-1B cap-subject petitions on May 15th (USCIS Completes Data Entry of Fiscal Year 2019 H-1B Cap-Subject Petitions). If you submitted a cap-subject petition between April 2nd and April 6th of this year and have not received a receipt notice or a returned petition by August 13, 2018, contact USCIS for assistance.

Source of Information:

USCIS.gov, 7/30/18, News Alert:

Once a month, MVP Law Groups’ Managing Attorney, Kellie N. Lego publishes an electronic Immigration Newsletter. This emailed newsletter features current articles, relevant data and up-to-date information about U.S. Immigration. We invite you to join our mailing list.

Current Newsletter: MVP Immigration Newsletter – Summer 2018

Follow link to join: Join our mailing list!

USCIS posted on Wednesday, July 25, 2018 that it is now accepting applications for two funding opportunities under the Citizenship and Assimilation Grant Program! This Grant Program provides up to $10 million in grants each year for citizenship preparation programs across the United States. These grants are fee-funded and the training is for lawful permanent residents (LPRs). LPRs are non-citizens who are lawfully authorized to live permanently within the United States and are on the path to citizenship if pursued.

For more information on this subject, please review the USCIS News Release,”USCIS Announces Citizenship and Assimilation Grant Opportunities”.

Source of Information:

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Senior Systems Analyst.”

Upon evaluating an Employer’s Application for Permanent Labor Certification, the CO denied the Labor Application because he believed it violated PERM regulation 20 CFR 656.17(f)(4). The CO denied certification because “the newspaper advertisement failed to list the correct geographical area of employment with enough specificity to apprise applicants of any travel requirements.” He pointed out the physical area of employment contained in the employer’s job ad in the San Francisco Chronicle as well as hotjobs.yahoo.com does not match the one listed on the ETA Form. The ad lists San Francisco, while Fremont is recorded on the ETA Form. The CO stated these two cities are located in different “Metropolitan Statistical Areas” (MSA).

The Employer filed an appeal to BALCA. They declared that the CO made an error in thinking Fremont and San Francisco were in different MSA’s. The Employer argued that the “advertisements complied with PERM requirements and DOL guidelines for roaming positions.” As evidence, the Employer requested BALCA to take administrative notice of a printout from the Census Bureau’s website which lists the MSA’s, among other evidence. In addition, they wanted the Board to review a “County to County” commuting chart from the San Francisco Bay area. The Employer explained that Fremont is the company’s headquarters but the locations of the job are yet unknown.

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; New Jersey, New Mexico and New York!

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.

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 – Visa Interview

If I do not speak English, when I go to my interview for my visa, will a translator be provided for me or will I need to provide one myself?

On July 1, 2018, the Mexican people elected a new President, Andrés Manuel López Obrador! The next day he spoke by phone with President Trump. Just this past Sunday, July 22nd, he and the White House, together released a copy of the letter López Obrador sent to President Trump as a follow-up.

Here are five key topics from the seven page letter sent by Mexican President-Elect Andrés Manuel López Obrador to President Trump:

  1. “There will be many changes, Mr. President Trump.”

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 “Industrial/Organizational Psychologist.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. The Employer presented its response and the CO issued a Notification of Supervised Recruitment. A few weeks later, the Employer sent a copy of the proposed job advertisement as well as a copy of the foreign worker’s Master’s degree and school transcripts. In response, the CO requested a signed sworn statement and documentation that explains why training is not realistic to meet the requirements for the particular position. The Employer responded with the required documents. The CO sent the Employer the resumes it had received from advertising. Two months later, the Employer submitted its recruitment report and accompanying records.

Upon review of the recruitment report, the CO denied certification of the labor application. He stated the Employer turned down qualified U.S. job applicants for “non-lawful job-related reasons.” The CO believed there were at least three fitting candidates for the job opening that were refused because the Employer believed they did not meet the minimum requirements. In his denial, the CO cited the Employer’s statement on the ETA Form 9089, “will accept any suitable combination of education, training and experience.”

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; Nebraska, Nevada and New Hampshire!

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, July 27, 2018. Act now and submit your questions!