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, July 18, 2014. Act now and submit your questions!

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The Department of State has released its latest Visa Bulletin.

Click here to view the August 2014 Visa Bulletin

As projected by the U.S. Department of State, the August 2014 Visa Bulletin shows the EB2 date for nationals from India moving from 9/1/08 to 1/22/09; movement in EB3 date for nationals from India at 11/8/03; movement in EB2 for Chinese Nationals at 10/8/09; movement in EB3 for Chinese Nationals at 11/1/08; and EB3 for WW remains at 4/1/11; and the F2A category remains at 5/1/12, except Mexico at 3/15/11. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).

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President Obama has asked Congress for $3.7 billion in emergency funds to deal with the current crisis of unaccompanied minors crossing the southwest border of the United States. These children are fleeing from Mexico (25%) and the Central American (75%) countries of El Salvador, Guatemala and Honduras.

The list below is a breakdown of how the $3.7 billion in emergency funds would be spent by the federal government:

– $1.1 billion for Immigration and Customs Enforcement,

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From June 30th to July 4th, the USCIS held over 100 naturalization ceremonies across the U.S. to help celebrate the 4th of July holiday! Nearly 9000 new citizens were administered the Oath of Allegiance during these ceremonies. USCIS Acting Director Lori Scialabba stated, “We’re honored to celebrate Independence Day by welcoming new U.S. citizens at ceremonies across the United States.”

There are photos and remarks about the different ceremonies and the experiences of some of these new citizens on Twitter and other social media, just search hashtag #newUScitizen to find them.

Source of Information:

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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 (6/30/14); 24,264 beneficiaries have been approved and 1,083 are pending for a total of 25,347.

The H-2B cap limit for first half of FY 2015 (October 1 – March 31) is 33,000. As of the last count (6/30/14); 0 beneficiaries have been approved and 177 are pending for a total of 177.

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USCIS has released their second quarter, Fiscal Year 2014 (FY2014) 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 FY2014 statistics (second quarter) cover January 2014 through March 2014. Here is the link to the Q2 table, “All Form Types Performance Data (Fiscal Year 2014, 2nd Qtr)“.

Source of Information:

– USCIS.gov, 5/13/14, Table (PDF):

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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 – Employment Based Immigration – Green Card

I appealed my denied my labor application to BALCA. My employer just got notice that my appeal has been docketed. When can I expect a decision?

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“Immigrants signed their names to our Declaration and helped win our independence. Immigrants helped lay the railroads and build our cities, calloused hand by calloused hand. Immigrants took up arms to preserve our union, to defeat fascism, and to win a Cold War. Immigrants and their descendants helped pioneer new industries and fuel our Information Age, from Google to the iPhone. So the story of immigrants in America isn’t a story of “them,” it’s a story of “us.” It’s who we are. And now, all of you get to write the next chapter.” – President Barack Obama

(Part of Speech given during military naturalization ceremony for active duty service members in the East Room of the White House, July 4, 2012)

No matter what your plans are for this Fourth of July, make it a memorable day by spending time with your family and friends. Have a picnic, go to the fireworks, watch a parade or just celebrate with a quiet moment. Please remember those brave men and women who gave their lives to defend our country and its freedoms.

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The Board of Alien Labor Certification Appeals (BALCA) recently reversed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Business Development Specialist.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification because the job title recorded in the two newspaper advertisements communicated the job title as “Business Development VP” as an alternative to “Business Development Specialist.” The CO thought this inconsistency was an infringement of PERM regulations 20 C.F.R. § 656.10 and 20 C.F.R. § 656.17(f)(3).

PERM regulation 20 C.F.R. § 656.10(c) (8) requires the petitioning employer to demonstrate that the job has been visibly accessible to any U.S. worker. The PERM regulation § 656.17(f)(3) requires any print advertisement to specifically detail the job requirements in order to give US workers the chance to apply for the position.

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USCIS has released their first quarter, Fiscal Year 2014 (FY2014) 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 FY2014 statistics (first quarter) cover October 2013 through December 2013. Here is the link to the Q1 table, “All Form Types Performance Data (Fiscal Year 2014, 1st Qtr)“.

Source of Information:


– USCIS.gov, 4/29/14, Table (PDF):

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