OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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On Wednesday, June 08, 2016, the Filipino World War II Veterans Parole (FWVP) Program takes effect. This program allows certain Filipino World War II veteran family members an opportunity to receive a grant of parole on a case-by-case basis. If these family members are approved for parole they will be able to come to the United States before their immigrant visas are available. They will also be able to apply for work authorization.

USCIS has created a Web Page, “Filipino World War II Veterans Parole Program“, with more detailed information.

The web page provides additional information on:

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USCIS has released their second quarter, Fiscal Year 2016 (FY2016) 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 FY2016 statistics (second quarter) cover January 2016 through March 2016. Here is the link to the Q2 table, “All Form Types Performance Data (Fiscal Year 2016, 2nd Qtr)“.

Source of Information:

– USCIS.gov, 5/25/16, Table (PDF):

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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 “Producer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. It required the Employer to show proof of the State Workforce Agency’s (SWA) job order as well as all resumes received in connection with the position. The Employer responded and the CO continued to review the application.

The CO denied the application based on two different PERM regulations. PERM regulation 20 C.F.R. 656.17 (e)(1)(i) requires that “two print advertisements are mandatory for all applications involving professional occupations.” These advertisements must run on two different Sundays in the area of intended employment. The Employer placed the ad for the Producer position in the Wall Street Journal (WSJ), which does not qualify as a professional journal, and could not be used in lieu of the mandatory Sunday advertisements as required by the PERM regulations, because the ad was not run on a Sunday. Furthermore, the CO indicated in his denial that the employee did not meet the minimum requirements of the position. He cited PERM regulation 20 C.F.R. 656.17(i)(1).

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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, June 10, 2016. Act now and submit your questions!

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Immigration Policy Center Releases Updated State-by-State Fact Sheets (2015)

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).

As Washington D.C. continues the discussion of Comprehensive Immigration Reform, 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; Missouri, Montana & Nebraska.

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The USCIS statistics on DACA Initial cases for the second quarter of FY2016, from 1/1/16 to 3/31/16 show a total of 14,495 DACA requests accepted for processing, (N/A) biometric services appointments scheduled, 13,540 requests approved, and 2,571 requests have been denied.

The USCIS statistics on DACA Renewal cases for the second quarter of FY2016, from 1/1/16 to 3/31/16 show a total of 29,296 DACA requests accepted for processing, (N/A) biometric services appointments scheduled, 25,991 requests approved, and 766 requests have been denied.

This DACA Report includes data for FY2012, FY2013, FY2014, FY2015 and FY2016. The USCIS statistics on DACA cases from 8/12/12 to 3/31/16 show a cumulative total of 1,358,520 DACA requests accepted for processing, 1,373,033 biometric services appointments scheduled, 1,239,404 requests approved, and 61,248 requests have been denied.

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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 “Literary & Media Specialist”.

The CO denied the application stating that the Employer failed to provide sufficient documentation of a radio advertisement. He cited it was in violation of PERM regulation 20 C.F.R. 656.17(e)(1)(ii)(J).

PERM regulation 20 C.F.R. 656.17(e)(1)(ii)(J) expects employers to provide a copy of an advertisement as well as a written confirmation from the radio or television station stating when the ad was aired.

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The United States Citizenship and Immigration Services (USCIS) will be holding a stakeholder teleconference on Friday, June 3, 2016 between 2:00 to 3:00pm (Eastern). The subject of the event will be a “Dialogue with USCIS Director León Rodríguez” and will include his introduction and a Q&A session. Director Rodríguez will highlight his agency’s initiatives then listen and respond to the stakeholder community.

Event Information:

DATE: Friday, June 3, 2016 TIME: 2:00 – 3:00 pm (Eastern)

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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 – Deferred Action for Childhood Arrivals (DACA)

If you apply for DACA and get denied, do you risk deportation?

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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 “Battery Engineer.”

The CO denied the application stating that the Employer’s web posting did not identify the job location. He cited it was in violation of PERM regulation 20 C.F.R. 656.17(f). PERM regulation 20 C.F.R. 656.17 (f) requires that an advertisement must indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity.

The Employer requested a review of the CO’s denial stating that the company conducted four additional recruitment steps rather than just the three that are required. In the recruitment process, they posted the position on a job search website, advertised in a local newspaper, advertised through their employee referral program, and posted the job position on their company website.

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