H1B Visa Lawyer BlogThe U.S. Department of Labor, Office of Foreign Labor Certification (OFLC) has released updated factsheets containing Third Quarter FY2013 selected program statistics. These factsheets contain vision representations of the data by using graphs and tables, which makes them much easier to read and understand. I have provided the links to the five updated factsheets below for your review.
Updated Service Center Processing Times
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 7/19/13 with processing dates as of 5/31/13.
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.
Impact of New Americans: Louisiana, Maryland, Massachusetts & Michigan
Immigration Policy Center Releases Updated State-by-State Fact Sheets!
The Immigration Policy Center (IPC) has released all fifty states, the District of Columbia and the United States (Overall), for a total of fifty-two updated fact sheets with accompanying info graphics. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).
As Washington D.C. debates Comprehensive Immigration Reform, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by this IPC research. Once a week we will be posting a blog with information on four states at a time. This week we will highlight; Louisiana, Maryland, Massachusetts and Michigan.
BALCA Upholds Denial of Certification Where Travel Not Mentioned in Ad
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 “Accountants and Auditors.”
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 for multiple reasons. First and foremost, the job description listed in its recruitment advertising did not match the one listed on the Employer’s ETA Form 9089 in violation of PERM Regulations 20 C.F.R. § 656.10 and 656.17 (f)(3). These regulations require that an advertisement “provide a description of the vacancy specific enough to apprise a US worker of the job opportunity for which certification is sought.” The CO also cited the employer’s website advertising neglected to mention travel requirements that were listed on its ETA Form 9089. On the Employer’s ETA Form, it specified, “various unanticipated Deloitte locations and client sites nationally.”
The Employer sent a reconsideration request to the CO. In its argument, the Employer stated the U.S. Department of Labor (DOL) made a mistake in its ruling. The CO delivered a second denial and forwarded the case to the BALCA for review.
DACA Statistics – USCIS Update through 6/30/13
These USCIS statistics on DACA cases from 8/15/12 to 6/30/13 show a total of 537,662 DACA requests accepted for processing, 524,153 biometric services appointments scheduled, and 400,562 requests approved.
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 408,759 received to date and 310,815 approved. California was the top state of residence with 152,855 received to date and 120,266 approved.
View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (July, 2013)“
MVP LAW GROUP – Immigration Q&A Forum, Friday, July 19, 2013
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
My foreign born spouse and I were married in a U.S. state that recognizes same-sex marriage, but we live in a state that does not. Can I still file an immigrant visa petition for my spouse?
Legal Information BLOG AWARD for 2013
MVP Law Group’s Immigration Blog has been awarded a “Legal Information BLOG AWARD for 2013”. This award is given to the top 100 Legal Information Blogs by LAWS.com. David Kang, Marketing Director, LAWS.com stated, “We are giving out this award only to a selected few who have contributed to the betterment of the society and we find your blog very helpful and original.”
Impact of New Americans: Mississippi, Montana, Nebraska & New Hampshire
Immigration Policy Center Releases Updated State-by-State Fact Sheets!
The Immigration Policy Center (IPC) has released all fifty states, the District of Columbia and the United States (Overall), for a total of fifty-two updated fact sheets with accompanying info graphics. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).
As Washington D.C. debates Comprehensive Immigration Reform, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by this IPC research. Once a week we will be posting a blog with information on four states at a time. This week we will highlight; Mississippi, Montana, Nebraska and New Hampshire.
BALCA on Single Advertisements for Multiple Jobs Opportunities
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 “Marketing Manager.”
Upon evaluating an Employer’s Application for Permanent Labor Certification, the CO ordered the Employer to present copies of its recruitment efforts. The Employer provided a copy of its notice of filing, job order with the Washington State Workforce Agency (SWA), as well as newspaper ads placed in the Seattle Times. In addition, they submitted a copy of the company’s recruitment report.
After reviewing the recruitment data, the CO denied Certification because he believed it violated PERM regulation 20 CFR 656.17(f)(6), which provides that additional language not found on the ETA Form 9089 exceeds the job requirements for the position. The CO stated the Employer’s Notice of Filing (NOF), SWA job order, newspaper advertisements and web advertisements all listed “may require employer-reimbursed travel.” The phrase was not listed on the Employer’s 9089 form.
MVP “Immigration Q & A Forum” – This Friday, July 19, 2013
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 19, 2013. Act now and submit your questions!