OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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The filing period for H-1B petitions subject to the fiscal year (FY) 2014 numerical cap begins on April 1, 2013. USCIS anticipates that it may receive more than 65,000 cap-subject H-1B petitions and more than 20,000 petitions filed on behalf of individuals with a U.S. master’s degree or higher between April 1, 2013, and April 5, 2013. This could be the first time since April 2008 that the H-1B cap will require a lottery.

USCIS provides premium processing service for certain employment-based petitions and guarantees a 15-calendar-day processing time. Due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season, USCIS has temporarily adjusted its current premium processing practice. To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, and in accordance with 8 CFR 103.7(e)(3)(ii), USCIS is announcing that premium processing for cap-subject H-1B petitions, including H-1B petitions seeking an exemption from the fiscal year cap for individuals who have earned a U.S. master’s degree or higher, will begin on April 15, 2013.

USCIS will continue to accept Form I-907, Request for Premium Processing Service, with fee, concurrently with the Form I-129, Petition for Nonimmigrant Worker, during the time period that premium processing is unavailable – from April 1 to April 14, 2013. Petitioners may also upgrade a pending H-1B cap petition to premium processing once a receipt notice is issued. All requests for premium processing received between April 1, 2013, and April 14, 2013, will be adjudicated when premium processing begins on April 15, 2013.

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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 – General

What jobs are considered STEM occupations?

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Recent investigations and raids make it clear that I-9 enforcement is a top priority to the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE). ALL employers must accurately complete I-9 forms for all new employees; therefore, it is imperative that your company has an organized and meaningful audit system in place, to assure compliance with the law. If your company is in need of assistance in getting your I-9 forms into compliance, you should contact a qualified, experienced immigration attorney.

Under the Immigration Reform and Control Act of 1986 (IRCA), all employers must verify that every person that is hired is either:

– A U.S. citizen – A lawful permanent resident – A foreign national with authorization to work in the U.S.

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Various proposals for Immigration Reform have included a “Pathway to Citizenship” for the estimated 11 million undocumented immigrants already living in this country. There are many misconceptions about this group; we call “undocumented immigrants”!

I recently read an article entitled, “5 need-to-know facts about undocumented immigrants“. I have included the five questions from the article below. Think about how you would answer these questions before you read the article. I think you will be surprised by the answers that the article provides. The questions and answers were based on research conducted by the Pew Research Hispanic Center. Hopefully, we can all learn something from this Q&A.

MVP Law Group would like our blog readers to email us with your own questions or comments about Immigration Reform. We may include them in future blog posts on the subject! Remember, MVP Law Group always invites Immigration related questions for our bimonthly Immigration Q&A Forum!

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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, March 15, 2013. Act now and submit your questions!

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About 300 farmers gathered on Wednesday (2/27/13) in Raleigh, NC at the North Carolina State Legislative Building. They were there for a press conference and the release of the North Carolina Farm Bureau’s (NCFB) “North Carolina Agriculture Workforce Report – February 2013”. The NCFB conducted a farm labor survey of approximately 50,000 farms in North Carolina.

One major problem they found was that 61% of the farmers were having trouble finding workers to pick their crops and work their fields. The NCFB advocates an enhanced Guest Worker Program as part of overall U.S. Immigration Reform. The farmers are worried that the NC Legislature will make E-Verify mandatory for temporary farm workers without a reliable guest worker program in place. As of July 1, 2013 NC employers with 25 or more employees will be required to use E-Verify to check work authorization for all new hires. Seasonal temporary workers are exempt but NC farmers are worried this will soon change.

Doug Patterson, owner of Patterson Farm, Inc. which employees about 300 people stated, “We feel that if nothing is done in the next few years, we will reduce acreage or get out of the fruit and vegetable farming business altogether. North Carolina will have to decide to import our workers or import our food.” Patterson added, “If the state passes and implements a mandatory E-Verify system without a viable, affordable federal guest worker program in place, then many farmers will be forced to quit.”

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Administrative Appeals Office (AAO) Processing Times were released with processing dates as of March 1, 2013.

If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

Administrative Appeals Office

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Jeb Bush, the former Republican Governor of Florida has co-written a new book, “Immigration Wars: Forging an American Solution”. This is not a review of the book, which will not be released until Wednesday, March 6th but a reminder for you to watch for all the discussion that the book generates. Jeb Bush and his co-author Clint Bolick, VP for Litigation, Goldwater Institute and a research fellow with the Hoover Institution are touring the country speaking on TV Morning Shows and doing book signings and discussions. The book is billed as a non-partisan solution for comprehensive immigration reform. One major point that is different from the proposals being made by Congress and the President is NO path to citizenship for the estimated 11 million undocumented immigrants. Gov. Bush does suggest a form of legal residency for any of the estimated 11 million undocumented immigrants who meet his suggested requirements. Everyone will not agree with his proposals but he brings an interesting perspective to the ongoing immigration reform discussion.

View the links below for more detail on the subject:

Read an excerpt from the book, “Immigration Wars: Forging an American Solution” by Jeb Bush and Clint Bolick

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U.S. Immigration and Customs Enforcement (ICE) have released several hundred detained illegal immigrants from detention centers across the country. The reason given for this large number of early releases was the forced budget cuts caused by the federal budget sequestration, which is set to start March 1st. The exact number of those released has not been published but it is estimated to be around 300. According to the National Immigration Forum, the current cost to detain an undocumented immigrant is approximately $164 per day.

These individuals are being released but the charges against them will not be dropped. ICE has stated that the people released did not commit serious crimes, mostly misdemeanor traffic offenses. ICE will still track these people but with cheaper methods.

Republicans are concerned about the release of criminals and the Democrats are questioning why these people were detained in the first place for such minimal offenses.

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