OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

The U.S. Citizenship and Immigration Services (USCIS) now have a redesigned website. The USCIS site has been redesigned to be more user-friendly and is also available in both English and Spanish. USCIS Director Alejandro Mayorkas stated, “This redesign demonstrates our ongoing commitment to improving the quality of service we provide.”

The first thing that I noticed about the new website is the tab type navigation menus at the top of the page, just below their name. They include the titles: FORMS, NEWS, CITIZENSHIP, GREEN CARD, TOOLS and LAWS. When your mouse pointer just goes over top of one of menus a related pull-down menu appears for you to make a fast and easy selection. Try the website for yourself; I think you will find it to be an improvement.

Please visit the new website at www.uscis.gov and www.uscis.gov/espanol

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 (11/1/13); 7,258 beneficiaries have been approved and 1,205 are pending for a total of 8,463.

The H-2B cap limit for second half of FY 2014 (April 1 – September 30) is 33,000. As of the last count (11/1/13); 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 “Business Development Manager-IV.”

After receiving and reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit. He directed the Employer to present copies of its recruitment records. The Employer responded with its New Jersey State Workforce Agency (SWA) Job order that was administered through America’s Job Exchange (AJE).

Once the CO received the audit materials, he denied certification of the application. The CO cited the position communicated in its recruitment advertising did not match the one listed on the Employer’s ETA Form 9089 in violation of PERM Regulations 656.17 (f)(6). In its Labor Application, the Employer stated the position required “a Master’s Degree and 12 months of experience in the job offered.” In its SWA job order, the experience requirement listed “Mid-Career (2-15 years).”

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, November 8, 2013. Act now and submit your questions!

Our office will be CLOSED Thursday, October 31st AND Friday, November 1st, so we can make our move to our new location. We will reopen with business as usual on November 4, 2013. Please make sure to update your records to reflect our new office address:

MVP Law Group, P.A.

10632 Little Patuxent Parkway, Building 2000 Suite 406 Columbia, MD 21044

Our office will be CLOSED Thursday, October 31st AND Friday, November 1st, so we can make our move to our new location. We will reopen with business as usual on November 4, 2013. Please make sure to update your records to reflect our new office address:

MVP Law Group, P.A.

10632 Little Patuxent Parkway, Building 2000 Suite 406 Columbia, MD 21044

U.S. Citizenship and Immigration Services (USCIS) has introduced an enhanced version of their online “Change of Address” tool that allows customers to change their address more quickly and easily. Online users will complete a single form with guided questions which simplifies the process. The new “Change of Address” tool is now compatible with various Web browsers and when completed correctly will send an email confirmation.

USCIS is offering a free webinar on Friday, November 1, 2013 from 2 p.m. to 3:30 p.m. (EDT) to discuss their online self-help customer service tools including the new “Change of Address” tool. During the webinar, USCIS officials will also be available to answer questions about the new online tools. To Register, click the registration page link here or below.

To register for this Session: registration page

The U.S. Citizenship and Immigration Services (USCIS) has sent out an email warning the public to watch out for possible fraud during the FY2015 Diversity Visa (DV) Program. They warned that scammers may try to pose as U.S. government officials, trying to deceive applicants and possibly trying to take their money and private information. They warned DV applicants to only interact with the U.S. Department of State (DOS). Applicants should visit https://www.dvlottery.state.gov/ for official U.S. government information on the program.

DOS began taking online registration for the FY2015 Diversity Visa Program on 10/1/13. The registration period will end on Saturday, 11/2/13. Again, please visit https://www.dvlottery.state.gov/ for official U.S. government information on the program and more details.

Source of Information:

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 “MR Clinical Development Leader.”

The CO denied the labor certification without audit stating the alternative requirements for the position were not substantially equivalent to the primary job requirements on the ETA Form 9089. On the form, the Employer mentions as an alternative requirement for this position “any suitable combination of education, training and experience as an MR clinical development leader, MR Applications Production Manager, Clinical Scientist, Radiographer or as a MR Specialist.” However, the Employer lists “Bachelor’s degree in Radiology, Biomedical Engineering, Chemistry or Medical Technology and 60 months of progressively responsible post-bachelor’s experience and some experience with MR equipment, product and/or application development.” The CO believed the “any suitable combination” wording did not specify the minimum acceptable requirement, so he denied the application in violation of PERM Regulation 20 C.F.R. § 656.17(h)(4)(i).

The Employer requested reconsideration of the denial stating the CO misread their answers to the questions on the form. They argued the minimum requirements are substantially the same as the primary requirements listed on the ETA Form. The Employer mentioned PERM regulation 20 C.F.R. § 656.3, “if the employer is willing to accept work experience in lieu of a baccalaureate or higher degree, such work experience…must be stated on the application form.”

AILA Washington, D.C. Chapter, News Release:

“WASHINGTON, DC – The American Immigration Lawyer’s Association’s Washington, D.C. chapter (AILA-DC) is partnering with Equal Justice Works to host The Forum on Potential Immigration Reform and Stopping Notario Fraud on Saturday, October 26 from 12:00 p.m. to 4:00 p.m. at the Crystal Gateway Marriot at 1700 Jefferson Davis Highway, Arlington, VA 22202.

The Forum will provide an update on the status of immigration reform efforts, and outline steps that immigrants can take now to prepare for the enactment of legislation. It will also describe various forms of legal relief currently available.”

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