OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

Annually, the United States government issues a maximum of 50,000 green cards through a computer-generated random lottery drawing. Applications for the DV-2015 random lottery will be accepted from noon (EDT) Tuesday, October 1, 2013 through noon (EDT) Saturday, November 2, 2013. Paper entries will not be accepted, eligible participants may access the electronic Diversity Visa entry form (E-DV) to apply during this period. Early entry is recommended and they strongly encourage applicants not to wait until the last week of the registration period to enter!

These green cards are only available to those eligible participants from countries with low rates of immigration to the United States. Please check the “INSTRUCTIONS FOR THE 2015 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2015)” for the complete list of countries/areas whose natives are eligible for DV-2015.

Natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the U.S. in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Also, persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible. A notable change in eligibility for DV-2015, natives of Nigeria are no longer eligible.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 9/17/13 with processing dates as of 7/31/13.

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

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 2013 (April 1 – September 30) is 33,000. As of the last count (9/13/13); 27,979 beneficiaries have been approved and 918 are pending for a total of 28,897.

The H-2B cap limit for first half of FY 2014 (October 1 – March 31) is 33,000. As of the last count (9/13/13); 3,556 beneficiaries have been approved and 2,017 are pending for a total of 5,573.

These USCIS statistics on DACA cases from 8/15/12 to 8/31/13 show a total of 567,563 DACA requests accepted for processing, 555,958 biometric services appointments scheduled, 455,455 requests approved, and 9,578 requests have been denied.

The data also shows the number of accepted and approved requests from the top countries of origin and the top states of residence. Mexico was the top county of origin with 433,318 received to date and 350,056 approved. California was the top state of residence with 161,624 received to date and 134,857 approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (August, 2013)”

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 “Computer SW Engineers, Applications.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. He requested the Employer provide its recruitment documentation and a copy of its Prevailing Wage Determination (PWD). The Employer responded and the CO denied certification on two grounds. First, the wage offered in the Notice of Filing and job order was lower than the PWD. The Employer offered $59,467 and the PWD was $59.467.20. In addition, the CO stated the Employer failed to make available copies of employer notices on its employee referral program with incentives.

The Employer sent a reconsideration request to the CO arguing the 0.0003% discrepancy should not cause their labor application to be denied. They indicated their use of “the Department of Foreign Labor’s Foreign Labor Certification (FLC) Data Center Online Wage Library to determine the appropriate annual wage.” The Employer also stated that it had provided a flier of its Employee Referral Program as well as data in its Recruitment Report about the program. Despite the Employer’s claims, the CO delivered a second denial and forwarded the case to BALCA for assessment.

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- Family Based Immigration

I was married to a U.S. citizen for 4.5 years. Seven months ago, my husband passed. We were not separated and were living together at the time of his death. Neither of us filed an immigrant application during our marriage. May I still file an immediate relative immigration petition based on my marriage to my deceased U.S. citizen husband?

The U.S. Citizenship and Immigration Services (USCIS) released a News Alert (9/6/13) stating that the statutory maximum of 10,000 U nonimmigrant petitions (U Visas) for FY2013 has been reached. This is the 4th year in a row that this maximum cap has been reached before the end of the fiscal year. USCIS will continue to accept U visa petitions! USCIS will process them in the order received at the beginning of FY2014, which starts October 1, 2013, at that point the U Visa cap of 10,000 will open again.

The U nonimmigrant status (U Visa) is set aside for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. Note that a U-Visa petition requires certification of assistance from law enforcement.

Source of Information:

The Department of State has released its latest Visa Bulletin.

Click here to view the October 2013 Visa Bulletin

As projected by the U.S. Department of State, the October 2013 Visa Bulletin shows the EB2 date for nationals from India at 6/15/08; EB3 date for nationals from India at 9/22/03; movement in EB2 for Chinese Nationals at 9/15/08; no movement in EB3 for Chinese Nationals at 07/01/10; and no movement in EB3, WW at 07/01/10; and the F2A category is no longer current, it remains at 9/8/2013, this category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).

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 “Director of Sales.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification of the application for multiple reasons. Most importantly, the Employer did not include their name on their Notice of Filing (NOF) in violation of PERM regulation 656.10(d). PERM regulation 656.17 (f)(1) mandates that the advertisements “name the employer.”

The Employer sent a reconsideration request to the CO. In its argument, the Employer stated the NOF was acceptable regardless of the omission of their name. The Employer argued that public access to its building is limited and it is very plausible that only the company’s three employees would have access to the filing. With its request, the Employer submitted multiple documents including their articles of incorporation; federal tax return; photographs of the facility & bulletin posting area; certifications of accreditation; Florida Resale Certificate for Sales Tax; lease agreements; Google Map print-outs; and Miami.Dade.gov Property Information. With its Reconsideration Request, the Employer relied upon the Stone Tech decision.

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, September 13, 2013. Act now and submit your questions!

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