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On this day 75 years ago, my Grandfather, at age 18, was driving a Naval Landing Craft Vehicle Personnel (LCVP) landing United States soldiers on the beaches of Normandy. He made many trips that day until he was finally wounded. He recovered and was then sent to the South Pacific Islands to continue the war until he returned home.

Thank you to all the soldiers who fought and died on that day, 75 years ago!

We live free because of your sacrifices!

USCIS announced (by news alert) on Friday, May 17, 2019 that they have completed the data entry of all Fiscal Year (FY) 2020 H-1B cap – subjected petitions that have been selected randomly through a computer generated process. USCIS will begin returning all H-1B petitions that were not selected but because of the large amount received; the return time frame is unknown. They also ask that petitioners not contact them until they have received a receipt notice or had their unselected petition returned.

For more detailed information about this subject please review the USCIS News Alert, “USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap-Subject Petitions“.

Source of Information:

USCIS announced on Friday, May 31st that they released the Fiscal Year 2018 Statistical Annual Report (PDF). This report highlights USCIS programs, workload, and accomplishments! USCIS Director, L. Francis Cissna stated, “The 2018 USCIS Statistical Annual Report represents a key piece in our continued commitment to provide improved awareness of the nature and scope of work accomplished by the dedicated men and women of USCIS,”. He also stated, “Following a long absence, we are again publishing an annual report, emphasizing our promise of full transparency and accountability to the American people.”

Note: This was USCIS Director, L. Francis Cissna last day, he resigned as of June 1st!

For more detailed information about this subject please review the USCIS News Release, “USCIS Releases 2018 Statistical Annual Report“.

You can now check USCIS processing times online at the USCIS web site. All you need to enter is your form number, and the office processing your case. USCIS has made processing times easier to understand and provide a more realistic date range.

 

Check Case Processing Times

 

The processing time range is how long it is taking for USCIS to process your type of case from the date they received it. USCIS processes cases in the order they receive them, and they normally update this information monthly. The estimated time range displayed is based on data captured over the last two months.

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 Work Visa

My H1B was approved through Consular Processing. I am planning to go in August to get my Visa stamp but I want to do it from a different city in India then I used for my approval. Can I change the city without complicating matters?

USCIS announced on Friday, May 24th that L. Francis Cissna had resigned as Director effective June 1st. L. Francis Cissna wrote, “At the request of the President, I submitted my resignation today effective June 1, 2019,”! He has been the Director of USCIS since October 8, 2017 and was appointed by President Trump. This seems to be part of last month’s leadership removals at the Department of Homeland Security (DHS), in which former Sec. of DHS, Kirstjen Nielsen was forced to resign along with others.

For more detailed information about this subject please review the CNN News Article, “Trump’s Citizenship and Immigration Services director out“.

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; Louisiana, Maine and Maryland!

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, May 31, 2019. Act now and submit your questions!

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 “Hardwood Floor Installer.”

Upon evaluating the Employer’s Application for Permanent Labor Certification, an Audit was issued. In this Audit Notification, the CO asked the Employer to explain why US workers were rejected. After reviewing the Audit response, the CO denied the labor certification stating the Employer rejected three US applicants for reasons that were not job related. The CO “found the rejections were based on the failure to meet the Employer’s job requirement of having two years of hardwood floor installation experience.” He discovered three of the candidates have other experience in the construction industry that he believed would meet the requirements for the job.

The Employer requested reconsideration and BALCA review. They argued the CO was wrong in judging these three candidates were qualified for the position. Even though the applicants did have experience in “general carpentry/and or construction,” they did not believe this experience was enough to meet the requirements of the Hardwood Floor Installer job. The Employer included a Business Necessity Letter in its Audit response materials. The Employer pointed out that one of the candidates did have skills in hard wood flooring installation but he did not list how he obtained that experience. The employer also provided proof to the CO of letters that they had sent to the US worker applicants asking for them to contact the company with further information on their qualifications. The Employer claimed none of them responded to the letters.