OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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Starting on April 17th, the Potomac Service Center (PSC) will begin handling corrections to Employment Authorization Documents (EADs) originally issued by PSC which included incorrect information due to USCIS error. Previously USCIS customers were instructed to send their incorrect EAD’s issued by the PSC to the Nebraska Service Center (NSC) to be corrected.

If your EAD was originally approved by PSC and contains incorrect information due to their error here is how to request an EAD correction.

You must return the original card along with a detailed explanation of the any errors and supporting documentation to the PSC at:

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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 – Deportation

Can a person who was deported from the U.S.A ever return to the US legally?

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The Department of State has released its latest Visa Bulletin.

Click here to view the May 2017 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).

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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 “Production Supervisor.”

Upon evaluating the Employer’s Application for Permanent Labor Certification, the CO denied the Labor Application because he believed it violated PERM regulation 20 C.F.R. 656.17(f)(3), as made applicable by regulation 20 CFR 656.10(d)(4). The CO stated the Employer’s Notice of Filing (NOF) did not include the requirement of having the “ability to speak Spanish” that was listed on the Employer’s 9089 form. The regulations require that an advertisement “provide a description of the vacancy specific enough to apprise the US workers of the job opportunity for which certification is sought.”

The Employer sent a reconsideration request to the CO. In the argument, the Employer stated their NOF met the criteria, as it provided enough information for job applicants and by omitting the Spanish requirement, it would have allowed more candidates to apply.

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U.S. Citizenship and Immigration Services (USCIS) have announced that they reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2018 within the first week of the filing period. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption (master’s cap). USCIS will reject and return filing fees for all cap-subject petitions that are not selected and are not duplicate filings.

USCIS will continue to accept and process H-1B petitions that are otherwise exempt from the cap.  Please remember that USCIS suspended premium processing starting April 3rd for up to six months for all H-1B petitions, including cap-exempt petitions.

For more information, please read the USCIS news release, “USCIS Reaches FY 2018 H-1B Cap“.

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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, April 14, 2017. Act now and submit your questions!

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List of Top News Stories from the last two weeks related to DACA:

Arizona Daily Sun (AZDailySun.com), 3/29/17:

Arizona’s Attorney General Mark Brnovich is making a final effort to let Arizona’s Governor Doug Ducey deny driver’s licenses to DACA recipients (Dreamers).

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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 – March 2017

Follow link to join: Join our mailing list!

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On Monday, April 3rd, U.S. Citizenship and Immigration Services (USCIS) announced further measures to deter and detect H-1B visa fraud and abuse. USCIS feels they are protecting the American worker by combating fraud in our H-1B nonimmigrant visa program and has made that a priority.

USCIS will take a more targeted approach when making site visits across the country to H-1B petitioners and the worksites of H-1B employees. By filing an H-1B petition with the USCIS, an employer is giving the agency the authority to conduct random site visits to ensure compliance with the rules and regulations governing the H1B nonimmigrant visa program.

USCIS will focus on:

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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 3/14/17 with processing dates as of 1/31/17.

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)

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1177 Annapolis Rd #70
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