OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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, May 24, 2013. Act now and submit your questions!

Immigration Policy Center Releases Updated State-by-State Fact Sheets!

The Immigration Policy Center (IPC) has released the first twenty updated state-by-state 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; Alabama, Arizona, California and Connecticut.

On May 13th, the Governor of California, Jerry Brown (D) wrote a letter to Senator Dianne Feinstein (D) supporting the Senator’s work on immigration reform. Senator Feinstein is a senior member of the Senate’s Judiciary Committee, which is working on the proposed immigration reform legislation, S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Reform Act (Comprehensive Immigration Reform). In his letter, the Governor stated, “California is home to over 10 million immigrants, greater number than the whole population of Georgia or Michigan.” He pointed out that, “From the engineers and programmers working in Silicon Valley on H-1B visas, to the 2.9 million undocumented workers toiling mostly in the service and agricultural industries, the contributions of foreign-born Californians are fundamental to the state’s economy.”

In the letter, the Governor makes some interesting points about the need for reform. He goes further and states, “The future of all Californians depends upon the success of immigrants…” He feels that, “In order to avoid dire consequences for our state, comprehensive immigration reform must occur this year…”

MVP Law Group finds it notable that the Governor of the largest populated state in our country used the word, “dire” to describe the consequences for his state if our national immigration system is not reformed. I would like to note that California is the largest producer of agricultural products in the United States and the home of Silicon Valley.

Senator Marco Rubio, one of the republican members of the Gang of Eight is asking the public to “Help Us Improve the Bill“. His senate web site includes a page requesting citizens to make comments on the proposed immigration reform legislation, S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Reform Act (Comprehensive Immigration Reform). This proposed bill is still in committee, so it is a great time to submit your comments.

Senator Rubio included a video that summarizes his views on immigration reform. The video points out why he thinks this legislation is so important to his constituents and overall, the America people. He states, “…I want to invite you to share your thoughts and submit your ideas below, on ways we can improve it (Comprehensive Immigration Reform).”

MVP Law Group would encourage anyone interested in the proposed immigration reform legislation to take a few minutes and provide comments and ideas on the Senator’s web page.

Senator Marco Rubio, one of the republican members of the Gang of Eight requested that the U.S. Social Security Administration, Office of the Chief Actuary study the effects of the proposed immigration reform legislation, S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Reform Act on this country’s Social Security system. An actuary is a statistician who calculates the possible financial impact of financial proposals. You can read the resulting analysis in a letter from the Chief Actuary to Senator Rubio in the link below. The letter includes an accompanying table which shows the findings in further detail.

The Chief Actuary’s analysis projects that by 2024 that the proposed immigration reform act would create 3.22 million jobs and increase the Gross Domestic Product (GDP) by 1.63 percent. He stated in the closing that, “Overall, we anticipate that the net effect of this bill on the long range OASDI actuarial balance will be positive.” OASDI stands for old age, survivor and disability insurance, which is commonly referred to as Social Security.

Source of Information:

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

If I am working in the US with an H-1B Visa, can I obtain a driver’s license right away? What do I need to show them at the Motor Vehicle place?

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 “Literary & Media Specialist”.

The CO denied the application stating that the Employer failed to provide sufficient documentation of a radio advertisement. He cited it was in violation of PERM regulation 20 C.F.R. 656.17(e)(1)(ii)(J).

PERM regulation 20 C.F.R. 656.17(e)(1)(ii)(J) expects employers to provide a copy of an advertisement as well as a written confirmation from the radio or television station stating when the ad was aired.

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 “Battery Engineer.”

The CO denied the application stating that the Employer’s web posting did not identify the job location. He cited it was in violation of PERM regulation 20 C.F.R. 656.17(f). PERM regulation 20 C.F.R. 656.17 (f) requires that an advertisement must indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity.

The Employer requested a review of the CO’s denial stating that the company conducted four additional recruitment steps rather than just the three that are required. In the recruitment process, they posted the position on a job search website, advertised in a local newspaper, advertised through their employee referral program, and posted the job position on their company website.

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