OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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 4, 2014. Act now and submit your questions!

On Sunday, June 29, at 9 p.m. EST, the Cable News Network (CNN) will be airing the CNN Film, “Documented.” This film is the story of Pulitzer Prize-winning journalist Jose Antonio Vargas and other undocumented immigrants in this country. Vargas, who wrote, produced and directed this film, describes himself as a gay, undocumented Filipino-American. Vargas states, “I am not the ‘illegal’ you think I am, and immigration is not what you think it is.” Vargas won the Pulitzer Prize as part of a team of Washington Post reporters for their coverage of the Virginia Tech shootings.

MVP Law Group‘s Managing Attorney, Kellie Lego attended an advanced screening of the film in Boston at the AILA Annual National Immigration Conference last week. Jose Antonio Vargas held a question and answer session with attendees after the film. She felt the film was very informative. She encourages everyone to watch this film! No matter where you stand concerning immigration in the United States, this film promises to give you a different insight into the problem.

Source of Information:

Secretary of Homeland Security, Jeh Johnson announced (June 24, 2014) that the U.S. Senate has confirmed Leon Rodriguez as the new Director of U.S. Citizenship and Immigration Services (USCIS). Leon Rodriguez was the Director of the Office for Civil Rights (OCR) for the U.S. Department of Health and Human Services (HHS) prior to his appointment. Director Rodriguez will be replacing Alejandro Mayorkas who served as the Director of USCIS from August 12, 2009 – December 23, 2013.

Lori Scialabba, who was appointed by President Obama as Acting Director of USCIS on Dec. 23, 2013, has filled the position until now. She served as Deputy Director of USCIS before that.

We here at MVP Law Group would like to congratulate Director Leon Rodriguez and wish him great success at USCIS.

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 (6/16/14); 23,569 beneficiaries have been approved and 1,403 are pending for a total of 24,972.

The H-2B cap limit for first half of FY 2015 (October 1 – March 31) is 33,000. As of the last count (6/16/14); 0 beneficiaries have been approved and 65 are pending for a total of 65.

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).

The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2014 statistics (third quarter) in the form of program factsheets for each of the major immigration programs. These updated FY2014 statistics (third quarter) cover April 2014 through June 2014.

The link to each program factsheet is listed below:

Permanent Labor Certification Program – Select Statistics, FY 2014 (third quarter)

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 – H-1B Nonimmigrant Visa

Can my spouse apply for an H-1B or does she have to apply for an H-4?

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 first half of FY 2014 (October 1 – March 31) is 33,000. As of March 14, 2014, the cap for the 1st half of FY 2014 was reached.

The H-2B cap limit for second half of FY 2014 (April 1 – September 30) is 33,000. As of the last count (6/11/14); 23,489 beneficiaries have been approved and 1,481 are pending for a total of 24,970.

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.

The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2014 statistics (second quarter) in the form of program factsheets for each of the major immigration programs. These updated FY2014 statistics (Second quarter) cover January 2014 through March 2014.

The link to each program factsheet is listed below:

Permanent Labor Certification Program – Select Statistics, FY 2014 (second quarter)

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