OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 11/16/16 with processing dates as of 9/30/16.

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.

California Service Center (CSC)

USCIS published the final rule, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” on November 18, 2016 and it goes into effect on January, 17, 2017. This final rule will modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. They have also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. Remember, this rule goes into effect on Jan. 17, 2017.

Department of Homeland Security (DHS) is amending its regulations to:

  • Clarify and improve longstanding DHS policies and practices implementing sections of the American Competitiveness in the Twenty-First Century Act and the American Competitiveness and Workforce Improvement Act related to certain foreign workers, which will enhance USCIS’ consistency in adjudication.

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, Nov. 25, 2016. Act now and submit your questions!

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 – October 2016

Follow link to join: Join our mailing list!

The United States Citizenship and Immigration Services (USCIS) will be holding a stakeholder teleconference on Thursday, November 17, 2016 between 2:00 to 3:30 pm (Eastern). The subject of the event will be “Form I-9, Employment Eligibility Verification” and will include representatives from USCIS giving an overview of form I-9 and a Q&A session at the end.

All U.S. employers must complete Form I-9 for every new employee hired after Nov. 6, 1986. Form I-9 is used by employers to verify individuals who are authorized to work in the U.S.

Event Information:

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.

The H-2B cap limit for first half of FY 2017 (October 1 – March 31) is 33,000. As of the last count (11/7/16); 11,696 beneficiaries have been approved and 1,113 are pending for a total of 12,809.


The H-2B cap limit for second half of FY 2017 (April 1 – September 30) is 33,000. As of the last count (11/7/16); 0 beneficiaries have been approved and 0 are pending for a total of 0.

The Department of State has released its latest Visa Bulletin.

Click here to view the December 2016 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).

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

I have vacation plans to go out of the country the first week of July. Can I file my H-1B extension petition prior to leaving?

The USCIS has sent out an email alerting stakeholders that the Internal Revenue Service (IRS) recently announced changes to the Individual Taxpayer Identification Number (ITIN) program. These changes will require some individuals to renew their ITIN. If your ITIN is expiring soon the IRS will send you a letter stating that renewal is required. More information about the ITIN is available online by visiting the ITIN Expiration Frequently Asked Questions Web page on the IRS website.

The IRS is now accepting ITIN renewal applications and encouraging people to plan ahead so that their ITINs don’t expire. ITINs are used by people who have tax filing or payment obligations under U.S. law but who are not eligible for a Social Security Number.

For further details please review the IRS News Release, “IRS Works to Help Taxpayers Affected by ITIN Changes; Renewals Begin in October“.

The Immigration Policy Center (IPC) has released all fifty states, the District of Columbia and the United States (Overall), for a total of fifty-two updated fact sheets with accompanying info graphics and other details. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

With national immigration policy being discussed as part of Presidential Elections, 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 IPC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Nevada, New Hampshire & New Jersey.

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ economy, labor force and tax base. Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. With the nation working towards economic recovery, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

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