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, December 6, 2013. Act now and submit your questions!

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This blog entry was originally posted on 4/13/12. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Thanksgiving!

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 Work Visa

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Thanksgiving 2013 marks 150 years of a national tradition. In 1863, Abraham Lincoln proclaimed the last Thursday of November as a “day of Thanksgiving and Praise,” making Thanksgiving Day an annual holiday.

Related Links:

President Abraham Lincoln, October 3, 1863, Presidential Proclamation: Proclamation of Thanksgiving

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The U.S. Citizenship and Immigration Services (USCIS) have sent out an email notice to USCIS Stakeholders that they are working to reduce the extended processing times for Form I-130, Petition for Alien Relative. This form is filed by U.S. citizens for their eligible immediate relatives and is the first step in helping the relative to immigrate to the United States.

The USCIS has been receiving feedback from the public expressing concerns regarding extended processing times for Form I-130. USCIS is working on the delays as part of their goal of preserving family unity. In the last few months the processing time has went from October 2012 to February 2013; that puts the processing time to around 9 months. We have found in practice that current I-130 processing is taking between 6 months to 11 months. USCIS’s goal is to return to an average processing time of five months by May 2014.

Last month, in an effort to expedite the adjudication of these cases, USCIS began transferring stand-alone Forms I-130 filed by U.S. citizens for their immediate relatives from USCIS’s National Benefits Center to its Nebraska, Texas, and California Service Centers. This shift improves USCIS’s ability to adjudicate the cases in a timely manner.”

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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 first half of FY 2014 (October 1 – March 31) is 33,000. As of the last count (11/15/13); 8,028 beneficiaries have been approved and 1,764 are pending for a total of 9,792.

The H-2B cap limit for second half of FY 2014 (April 1 – September 30) is 33,000. As of the last count (11/15/13); 0 beneficiaries have been approved and 0 are pending for a total of 0.

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The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for several “Software Engineer” positions.

Upon evaluating an Employer’s Application for Permanent Labor Certification, the CO ordered the Employer to present copies of its recruitment data.

After reviewing the recruitment data, the CO denied the Labor Application because he believed it violated PERM regulations 20 CFR 656.10 (d)(4) and 656.17(f)(6). The CO stated the Employer’s Notice of Filing (NOF) and other recruitment materials included a travel requirement not listed on the Employer’s ETA Form 9089.

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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 – H-1B Nonimmigrant Visa

I have been offered a full time position as a charge nurse for the Emergency Department in an underserved area in Kansas. I’m currently a graduate student with F1 visa and a bachelor’s degree in nursing. My employer is willing to sponsor H-1B in April 2014. Please let me know if it is possible to file for an H-1B.

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I participated in the USCIS Teleconference on their development and use of 2D Barcode Forms Technology. I have included some of the main points covered during this discussion.

Points Covered in Teleconference:

  • As the new 2D form is filled out a unique 2D barcode is created.
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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 11/18/13 with processing dates as of 9/30/13.

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

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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 “Computer Programmer.”

Upon evaluating an Employer’s Application for Permanent Labor Certification, the CO denied the Labor Application because the Employer ran its recruitment advertising in the Arkansas Democrat Gazette, as he believed it was not the newspaper of general circulation for Bentonville, Arkansas. The company was located in Bentonville, AR and the newspaper was headquartered in Little Rock, AR. He believed that the Arkansas Democrat Gazette would not bring replies from available US workers in the area of intended employment.

The Employer sent a reconsideration request to the CO. In the argument, the Employer declared that “The Arkansas Democrat Gazette is most likely to bring responses from available US workers because it is the most widely circulated newspaper in Bentonville and the most widely circulated Sunday newspaper in all of Arkansas.” They submitted several pieces of evidence to back up their claims including circulation numbers from the Arkansas Democrat Gazette and Mondo Times website. One of these documents stated there is no other newspaper in Bentonville, AR.

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