OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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.

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 “Maid.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification. He cited the Employer’s failure to “make a selection for Section H-1” of the 9089 form as grounds for the denial. The Employer submitted a reconsideration request stating that they had completed Section H-1.

The CO issued “a request for information about the bona fides of the Employer’s business.” In addition, he sent an Audit notification to the company’s attorney. After the deadline had passed to receive the Audit response, the CO affirmed its initial denial of labor certification. The Employer sent a reconsideration request to the CO arguing that it never received the Audit notification or the request for information. In its argument, the Employer sent a letter from their General Manager that stated he had never received a letter. They also provided email documentation from the Atlanta Processing Center which cited the Employer’s attorney’s response to the request for information from a request initially made in 2008. The CO denied reconsideration stating the Audit notification was mailed to the address on record, no change of address was recorded within the file, and the other letters were delivered and responded to with no problem.

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, January 31, 2014. Act now and submit your questions!

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 1/21/14 with processing dates as of 11/30/13.

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

The U.S. Citizenship and Immigration Service (USCIS) will be presenting a national Creole (Konsèy) language engagement session. Konsèy stands for Haitian Creole and the session will take place on Wednesday, January 29, 2014, from 7:30 p.m. to 9:00 p.m. (EST). This free session is an opportunity for Creole speakers to engage with USCIS officials using their native language.

The Konsèy session will include the following:

– USCIS agency updates;

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 (1/10/14); 14,572 beneficiaries have been approved and 4,797 are pending for a total of 19,369.

The H-2B cap limit for second half of FY 2014 (April 1 – September 30) is 33,000. As of the last count (1/10/14); 0 beneficiaries have been approved and 0 are pending for a total of 0.

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 “Production Supervisor.”

Upon evaluating the Employer’s Application for Permanent Labor Certification, the CO denied the Labor Application because he believed it violated PERM regulation 20 C.F.R. 656.17(f)(3), as made applicable by regulation 20 CFR 656.10(d)(4). The CO stated the Employer’s Notice of Filing (NOF) did not include the requirement of having the “ability to speak Spanish” that was listed on the Employer’s 9089 form. The regulations require that an advertisement “provide a description of the vacancy specific enough to apprise the US workers of the job opportunity for which certification is sought.”

The Employer sent a reconsideration request to the CO. In the argument, the Employer stated their NOF met the criteria, as it provided enough information for job applicants and by omitting the Spanish requirement, it would have allowed more candidates to apply.

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 – H1B Nonimmigrant Visa

My employer applied for my H1-B. It was approved in Jan 2013. I went to the US in April 2013 and worked there until October 2013. I had to come back to India for a family emergency and had to rejoin our office in India. My employer told me that he had to revoke my H1-B. I am interested to going back to the USA to work for a different employer. Can I just request another employer to file a new H1-B for me?

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