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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 – Green Card

Can I change my employer once I receive my Green Card or is there a waiting period?

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; Tennessee, Texas and Utah!

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.

USCIS has announced that they will open their initial registration time period for H-1B cap-subject petitioners for Fiscal Year 2021 (FY 2021) from Sunday, March 1, 2020 to Friday, March 20, 2020.

  • During this timeframe, H-1B cap-subject petitioners, including those eligible for the advanced degree exemption, seeking to file a FY 2021 H-1B cap petition will be required to first register electronically with USCIS and pay the associated $10 H-1B registration fee for each submission.
  • Prospective petitioners or their authorized representatives must electronically submit a separate registration naming each alien for whom they seek to file an H-1B cap-subject petition. Duplicate registrations are prohibited.

The United States Citizenship and Immigration Services (USCIS) will be holding a national teleconference on Friday, March 13, 2020 between 11:00 am to 12:00 pm (Eastern). This event will include a discussion of USCIS’ modernizing efforts on the Immigrant Investor Program, also known as the EB-5 program. They will include time for the participants to ask questions during the discussion.

To participate in this teleconference:

Call-in Toll-Free number: (888) 946-7792

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, February 14, 2020. 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 “Senior Software Engineer.”

The CO denied the labor certification stating the alternative requirements for the position were different (not substantially equivalent) from the primary job requirements on the ETA Form 9089. The Employer mentions as an alternative requirement for this position – 12 years of related experience as being equivalent to possessing a Bachelor’s degree. On the Form, the Employer lists the “primary requirements of a Bachelor’s degree in Engineering, Electronic Engineering, or a closely related field, and 60 months of experience” in the job offered. The CO cited a violation of PERM Regulation 20 C.F.R. § 656.17(h)(4)(i).

The Employer requested reconsideration of the denial stating it only listed one education and experience requirement; therefore, it did not accept an alternative combination of education & experience. They argued that their recognition of 12 years of experience as the equivalent of a bachelor’s degree is a widely used standard in the IT industry and amongst U.S. educational institutions.

Beginning on Monday, February 24th, the U.S. Citizenship and Immigration Services (USCIS) will start to implement the final rule on the public charge ground of inadmissibility. The USCIS has revised its forms to be consistent with the final rule on public charge. Starting on the Monday applicants and petitioners must use new editions of the forms except in Illinois, where the rule remains enjoined by the federal court. Links to the revised forms are listed below:

The United States Citizenship and Immigration Services (USCIS) will be holding a national webinar on Tuesday, February 11, 2020 between 2:00 to 3:30 pm (Eastern). This event will include a discussion of USCIS’ new H-1B Electronic Registration Process for USCIS Webinar – (2-11-20) – Overview of the H-1B Electronic Registration Process – for Attorneys and Representatives.

To Register for this webinar:

Visit our webinar registration page.

USCIS has released their full Fiscal Year 2019 (FY2019) performance data for all form types as a statistical table. They have divided the forms by category: Family, Employment, Humanitarian, Citizenship and Naturalization, and Other as the rows. The columns are divided by case status: Received, Approved, Denied, and Pending. These updated FY2019 statistics cover October 1,  2018 through September 2019 by quarter. Here is the link to the table, “USCIS Releases Performance Data on All Form Types for FY2019“.

Source of Information:

USCIS (USCIS.gov), Table (PDF):

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; Rhode Island, South Carolina and South Dakota!

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.