OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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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, August 1, 2014. Act now and submit your questions!

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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 “Medical & Clinical Laboratory Technologist”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification demanding the employee’s work credentials. The Employer sent the worker’s qualifications including prior work experience from his former employer to the CO for review.

Upon review of the Audit response, the CO denied the Labor Certification Application. The CO believed the credentials recorded on the application did not match the position’s minimum job requirements. The Employer sent a reconsideration request to the CO. In the argument, the Employer stated that the employee had the required two years of previous work experience, and included again for the record, documentation of the beneficiary’s previous work experience. Additionally, since the company opened in 1998, they had not hired anyone with less than two years’ experience for this position.

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On Wednesday, July 23, 2014, Congresswoman Kay Granger (R-TX), the Chairwoman of the GOP House Working Group on national security and humanitarian crisis at the southern border released their recommendations and solutions. Granger stated, “This morning, I presented to the House GOP Conference the recommendations of Speaker Boehner’s working group. I am proud of the set of recommendations and solutions that the working group has crafted over the last few weeks. These recommendations reflect the immediate crisis this country faces by providing common-sense, compassionate, but tough solutions.”

The working group which was setup by Speaker John Boehner (R-OH) includes the following members:

• Rep. John Carter (R-TX)

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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 7/17/14 with processing dates as of 5/31/14.

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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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.

The H-2B cap limit for the second half of FY 2014 (April 1 – September 30) is 33,000. As of the last count (7/18/14); 24,769 beneficiaries have been approved and 1,246 are pending for a total of 26,015.

The H-2B cap limit for first half of FY 2015 (October 1 – March 31) is 33,000. As of the last count (7/18/14); 0 beneficiaries have been approved and 437 are pending for a total of 437.

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On Wednesday, July 9, 2014, Leon Rodriguez was sworn in as the next Director of U.S. Citizenship and Immigration Services (USCIS). USCIS is a federal government agency with nearly 18,000 employees. They are responsible for administering the country’s immigration and naturalization system. USCIS is under the control of the U.S. Department of Homeland Security (DHS). Director Rodriguez stated, “Our role in administering our nation’s immigration and naturalization laws has never been more important. I look forward to working with the entire USCIS family, including our partners and constituents, to ensure that our mission is carried out with fairness and integrity.”

Director Rodriguez previously served as the Director of the Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS) from 2011 to 2014. For more detailed information on his background please review the link, “Background Experience/Significant Achievements”.

MVP Law Group would like to congratulate Director Rodriguez and wish him great success! USCIS has shown great innovation in improvement of customer service and the use of technology for data collection! We here at MVP Law Group hope that this culture of innovation continues and grows under the new Director’s leadership!

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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 – H1B Nonimmigrant Visa

I’ve been out of the US for over 6 months in Ghana working on an assignment for the company that sponsored my H1. The assignment ends this Friday and I’m scheduled to be back in the US this Sunday. Is there anything I need to do with my H1 before I leave Ghana?

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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 “Home Health Care Aide”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. He asked the employer to provide more information about their print advertising for the job.

The CO denied the application declaring that the Employer failed to deliver sufficient documentation for the mandatory print advertisements. The Employer did not provide copies of the advertisement that contained both the name of the newspaper as well as the date of publication, He cited the Employer was in violation of PERM regulation 20 C.F.R. 656.17(e)(1)(i)(B)(3) and 656.17(e)(2)(ii)(C).

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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 7/8/14 with processing dates as of 5/31/14.

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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