H1B Visa Lawyer Blog

March 2, 2011

Immigration in 2011 – Part 1 of 10, Emphasis on Border and Interior Enforcement

The American Immigration Lawyers Association (AILA) recently published “What to Watch Out for in Immigration in 2011” and MVP Law Group will be doing a 10 part series on the key issues discussed.

Topic #1:Emphasis on Border and Interior Enforcement

With the rise of new leaders in the House of Representatives, it’s clear that the focus will centered upon border security and interior enforcement. Spending was increased last year for additional fencing at the border, surveillance technologies, as well as an increase of boots on the border. In 2011, it’s expected we will see an even greater increase in spending and bills aiming to tighten the border.

March 1, 2011

BALCA and the Employee Referral Program

by Kellie N. Lego

The Board of Alien Labor Certification Appeals (BALCA) recently reversed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Junior Trading Systems Developer.”

On the Application for Permanent Employment accepted by the CO, the Employer listed the three additional recruitment steps taken to advertise the position. The steps included listing on a job search web site, advertising in a local newspaper as well as advertising with the employee referral program from July 10, 2007 to August 10, 2007. An audit was issued by the CO requesting documentation of the Employer’s employee referral program. Certification was thereafter denied by the CO who cited the Employer failed to include dated copies for the advertising of its employee referral program. In a request for review, the Employer argued that the program is ongoing and every new hire is provided a copy of the memorandum. An email dated March 17, 2008 was also submitted to demonstrate the Employer regularly notified its employees of the program. Further, the Employer contested that the employee referral program used does in fact meet the PERM regulations governing recruitment efforts because of the large number of resumes it receives.

PERM regulation 20 C.F.R. § 656.12(e)(1)(ii)(G) controls and it provides that one of the three recruitment efforts can be an employee referral program with incentives. The program can either be documented with “dated copies of the employer notices or memoranda advertising the program and specifying the incentives offered.”

February 28, 2011

REMINDER – Submit Your Questions

by Kellie N. Lego

MVP “Immigration Q & A Forum” – This Friday, March 4th, 2011

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, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

February 25, 2011

Improved E-Verify Program? Customer Satisfaction Survey Says YES

by Kellie N. Lego

A recent survey along with a report issued by the Government Accountability Office (GAO) affirm the E-Verify system is a key tool in ensuring a legal workforce in the U.S. The report by the GAO also revealed improvements in the system such as establishing better safeguards for personal information and reducing the mismatch rates.

E-Verify also received 82 out of 100 on the American Customer Satisfaction Index scale for a customer survey that evaluated key aspects of the program. Customer Support was one area that respondents overwhelming approved of, with a score of 89 which was based on the many improvements made by the Obama administration. The survey additionally revealed that users were likely to recommend the program to other employers, were secure in the program’s precision, and were likely to continue with the program. Although the E-Verify program under the Obama administration is showing continued success, the passage of comprehensive immigration legislation is crucial to fix the current immigration system.

Over 243, 000 employers are currently using the E-Verify program and approximately 1,000 new employers enroll every week. For more information about the E-Verify program visit www.uscis.gov/everify.

February 24, 2011

VIBE SnapShot- Validation Instrument for Business Enterprises

by Kellie N. Lego

A new web-based tool called “Validation Instrument for Business Enterprises” (VIBE) is being introduced by the U.S. Citizenship and Immigration Service (USCIS) to enhance the adjudication of certain employment-based immigration petitions.

VIBE functions by compiling basic information about companies/organizations who petition on behalf of alien workers to confirm authenticity. Currently, USCIS uses documentation submitted by the employer to adjudicate the case. When insufficient documentation is submitted, USCIS issues a Request for Evidence (RFE). This request for additional documentation delays the process of adjudicating the petition.

With the new VIBE program in place, USCIS can electronically receive information about the company/organization through an independent provider. Some of the information USCIS will soon be receiving about the petitioner includes: financial standing, number of employees, relationships with other entities, business activities, status, company executives, and date of establishment as an entity.

February 23, 2011

USCIS Issuing EAD and AP on a Single Card to Certain Applicants

by Kellie N. Lego

As of February 11, 2011 U.S. Citizenship and Immigration Services (USCIS) began issuing employment and travel authorization on a single card to certain applicants.

An individual will only receive the new card after filing Forms I-765 (Application for Employment Authorization) and I-131 (Application for Travel Document) concurrently or after filing Form I-485 (Application to Register Permanent Residence or Adjust Status). The new card serves both as employment authorization as well as the Advance Parole document. Additionally, the combination of the two documents creates a more protected and durable card. USCIS will continue to issue separate EADs and Advance Parole documents for certain applicants when needed.

February 22, 2011

Naturalization Questions – Check Out the NAT Fact Sheet

by Kellie N. Lego

Over the course of the 2010 fiscal year, U.S. Citizenship and Immigration Services (USCIS) naturalized over 676,000 individuals. 6.6 million individuals have been naturalized in the United States in the last decade.

To become naturalized, an individual must file an Application for Naturalization (Form N-400) and meet the following requirements as set forth by the Immigration Nationality Act (INA):

• Be at least 18 • Be a lawful permanent resident • Have lived in the US for at least five years • Have been physically present in the US for 30 months • Have good moral character • Speak, read, and write in English • Be knowledgeable of US government and history • Take the Oath of Allegiance

February 18, 2011

MVP LAW GROUP – Immigration Q&A Forum, Friday, February 18, 2011

by Kellie N. Lego

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Nonimmigrant Visa

Can I travel on my current nonimmigrant visa or do I need to get advance parole?

February 17, 2011

Updated Service Center Processing Times

by Kellie N. Lego

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on February 14, 2011 with processing dates as of December 31, 2010.

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

February 16, 2011

BALCA Vacates CO’s Denial and Provides Standards for Employee Referral Programs

by Kellie N. Lego

The Board of Alien Labor Certification Appeals (BALCA) recently vacated and remanded the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Software Applications Engineer.”

The CO accepted the employer’s application for Permanent Employment Certification on behalf of the alien. The CO denied certification after issuing an audit citing the Employer’s Notice of Posting was only posted for nine consecutive business days because one of the days the NOF was posted was Columbus Day. Additionally, the certification was denied on the grounds that the Employer did not provide sufficient evidence of the employee referral program with incentives.

PERM regulation 20 C.F.R. § 656.10(d)(1)(ii) controls and it provides a “business day” is “any day that employees are working on the premises and can see the Notice of Filing.