OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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 “Field Service Engineer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. One of the issues present was the fact that the main worksite address on the ETA Form 9089 was the same as the alien’s address. In its Audit response, the Employer provided its recruitment documentation and explained that the position allows its “Field Service Engineer to work from home and to travel to client sites as needed.”

Once the Employer responded, the CO denied certification. The CO indicated the position communicated in its recruitment efforts did not offer the condition to work from home to US workers. This was a violation of PERM Regulation 20 CFR 656.17(f)(7). This regulation requires that an advertisement “must not contain wages or terms and conditions of employment that are less favorable than those offered to the alien.”

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, February 14, 2014. Act now and submit your questions!

The U.S. Citizenship and Immigration Service (USCIS) will be presenting a teleconference on the revised form N-400, Application for Naturalization. This teleconference will take place on Thursday, February 20, 2014 from 1:30 p.m. to 3:00 p.m. (EST). This free session will provide an overview of the revisions made to form N-400, which was released on February 4, 2014. The USCIS will also entertain questions on the subject.

The revised Form N-400 contains:

– Clearer and more comprehensive instructions;

An Elizabeth, NJ woman, Maritza Chavez, advertised herself to the general public as an Immigration Lawyer. Chavez created a company to help immigrants obtain U.S. citizenship. After a thorough investigation, it was made clear that Chavez was not a Lawyer and her company only helped her to take money from her immigrant customers.

In the course of her business, Chavez would submit citizenship applications with the USCIS that were improperly completed, and/or were filed without the required filing fee. When the applications were rejected and ultimately returned to her with a refund, Chavez would illegally keep the money. When clients called Chavez for an update, she would blatantly lie to them.

As part of a plea agreement, Chavez could be sentenced up to 10 years and required to pay over $100,000 in restitution. Chavez will be sentenced by Judge Robert Mega, NJ Superior Court on March 14, 2014. For more details please review the news articles listed below.

On February 1st, the USCIS launched a newly redesigned Interactive Voice Response (IVR) system. When calling the USCIS toll-free National Customer Service Center (1-800-375-5283), you will hear a new series of interactive messages to help streamline your access to immigration information, case status, and customer service representatives. This system redesign is in response to USCIS customer feedback, so your feedback is important!

This IVR system will be available 24/7, with live assistance available Monday through Friday (8:00am to 8:00pm) within the continental United States. You can find more information on USCIS’ customer service options on their website!

Source of Information:

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 the last count (1/24/14); 19,253 beneficiaries have been approved and 6,224 are pending for a total of 25,477.

The H-2B cap limit for second half of FY 2014 (April 1 – September 30) is 33,000. As of the last count (1/24/14); 957 beneficiaries have been approved and 4,768 are pending for a total of 5,721.

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 “Instructional Coordinator: Computer Cluster.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. Once the Employer responded, the CO denied certification of the application. He stated the position communicated in its recruitment efforts did not match the one listed on the Employer’s ETA Form 9089 in violation of PERM Regulation 20 CFR 656.17(f)(7). This regulation requires that an advertisement “must not contain wages or terms and conditions of employment which are less favorable than those offered to the alien.”

The employer’s ETA form 9089 contained the following language, not listed in any of its recruitment efforts – “occasional day travel within San Antonio Metropolitan area and/or to Corpus Christi, Texas. No Overnights.” The Employer sent a reconsideration request to the CO. In its argument, the Employer argued that it did not violate 656.17(f)(7) because it did not mention any travel in its recruitment advertising. They also stated by “not listing a travel requirement it makes the terms and conditions of employment offered to US workers more favorable.” The CO affirmed its initial denial and forwarded the case to BALCA for review.

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)

I think I am eligible under DACA. Do you think given the potential risks, I should file my application with USCIS?

The President had many great things to say yesterday (1/28/14) during his State of the Union (SOTU) 2014 address to Congress and the American people! The two main things President Obama stated concerning Immigration were: (1) that it will grow the economy and reduce the deficit; and (2) the U.S. Senate has acted and now it is time for the U.S. House of Representatives to act!

I have included the excerpt from President Obama’s SOTU 2014 speech that mentions Immigration Reform. I have also included a link below to the complete text of the speech. You can read it for yourself and make up your own mind. The President says, “Let’s get it done.” and we at MVP agree!

“Finally, if we’re serious about economic growth, it is time to heed the call of business leaders, labor leaders, faith leaders, law enforcement – and fix our broken immigration system. Republicans and Democrats in the Senate have acted. And I know that members of both parties in the House want to do the same. Independent economists say immigration reform will grow our economy and shrink our deficits by almost $1 trillion in the next two decades. And for good reason: When people come here to fulfill their dreams – to study, invent, contribute to our culture – they make our country a more attractive place for businesses to locate and create jobs for everybody. So let’s get immigration reform done this year. Let’s get it done. It’s time….” – President Barack Obama, excerpt from SOTU 2014 speech (1/28/14)

The Fiscal Year 2015 H-1B season is quickly approaching and has been projected to be yet another short season.

Each Fiscal Year (FY), which starts on October 1, 65,000 H-1B visas become available for what is referred to as the “General Cap,” and 20,000 H-1B visas become available for what is referred to as the “Master’s Cap.” Those individuals holding a U.S. Master’s degree or higher may fall within the Master’s Cap; all others fall within the General Cap. The FY H-1B filing season opens six months before each FY, i.e., during the first week in April.

The FY 2015 H-1B Cap season will open on April 1, 2014 with employment beginning October 1, 2014.

Contact Information