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MVP Law Group
News You Can Use
September 2016

10632 Little Patuxent Parkway
Suite 406
Columbia, Maryland 21044
240-390-0600
1-800-447-0796
Greetings,

"Immigration has an overall positive impact on long-run economic growth in the U.S." -- National Academies of Sciences, Engineering, and Medicine (News Release - Sept. 21, 2016)


What's been happening in Immigration?
 
-  August 31, 2016, Republican Presidential Candidate, Donald Trump delivered his Immigration Policy Speech to a campaign audience in Phoenix, Arizona. Trump painted a grim picture of immigrants in the U.S. illegally. National Public Radio's (NPR) politics team annotated Trump's speech. Portions of the speech were commented on and highlighted, followed by analysis, context and fact check.
 
-  September 1, 2016, the USCIS Announced their Fiscal Year 2016 Grant Recipients. The USCIS awarded nearly $10 million in grants under two funding opportunities to 46 organizations that will help permanent residents prepare and apply for U.S. citizenship. These organizations will receive federal funding to support citizenship preparation services for permanent residents through September 2018.
 
-  September 2, 2016, the USCIS set the cap for Fiscal Year 2017 CNMI-Only Transitional Workers. Under the CW-1 program, employers in the CNMI can apply for temporary permission to employ foreign nationals who are ineligible for any existing employment-based nonimmigrant category under the Immigration and Nationality Act. The CW program is in effect until Dec. 31, 2019. DHS reduced the FY 2017 CW-1 cap by one to meet the CNMI's existing labor market needs and provide opportunity for potential growth, while meeting a statutory requirement to reduce the cap each year.
 
-  September 7, 2016, USCIS has agreed with the Ombudsman's recommendation to implement a parole policy for U visa petitioners and qualifying family members who live abroad. USCIS will implement this policy when a new form and policy guidance are completed in Fiscal Year 2017.
 
-  September 14, 2016, the Executive Office for Immigration Review (EOIR) reversed course and will now allow asylum applicants to file their applications by mail or in person at an immigration court window. This change in policy-adopted in OPPM 16-01 on September 14, 2016-partially resolves the issues raised in the nationwide class action, Mendez-Rojas v. Johnson, No. 2:16-cv-01024-RSM (W.D. Wash). On June 30, 2016, the above-listed groups filed suit on behalf of asylum seekers who recently entered or will enter the United States and who are released from custody after expressing a fear of return, challenging the government's failure to 1) provide them with adequate notice of the one-year filing deadline for asylum applications, and 2) establish a uniform mechanism that ensures class members have an opportunity to timely file their applications.
 
-  September 15, 2016, the USCIS announced their plans to Celebrate Constitution Day and Citizenship Day (Constitution Week) through Naturalization Ceremonies. This year, more than 38,000 candidates will become U.S. Citizens during nearly 240 naturalization ceremonies between Sept. 16 and 23.
 
-  September 20, 2016, the 9th Circuit Rejected the Unaccompanied Alien Children (UAC) Class Suing for Appointed Counsel - Confirming the Need for Pro Bono Representation. The 9th Circuit denied that it has jurisdiction to hear claims of unrepresented, unaccompanied children before they have exhausted their administrative remedies.
 
-  September 22, 2016, USCIS announced that it will be extending TPS benefits for beneficiaries of TPS under the designations of Guinea, Liberia, and Sierra Leone for 6 months for the purpose of orderly transition before the designations terminate, effective May 21, 2017. After reviewing country conditions and consulting with the appropriate U.S. government agencies, it has been determined that conditions in Guinea, Liberia, and Sierra Leone no longer support their designations for Temporary Protected Status (TPS). The widespread transmission of Ebola virus in the three countries that led to the designations has ended.
 
-  September 28, 2016, President Obama announced an extension of Deferred Enforced Departure (DED) for certain Liberian nationals through March 31, 2018. USCIS will automatically extend employment authorization documents (EADs) for Liberian nationals covered by this extension of DED. Current DED-based EADs that has an expiration date of Sept. 30, 2016, will now be valid through March 31, 2017.


In other immigration news, the U.S. Department of State (DOS) Visa Bulletin for October 2016 is now available. The cutoff date movement is consistent with earlier predictions. The cutoff date for the EB2 category for India moved from 2/22/05 to 1/15/07 and EB3 moved from 2/15/05 to 3/1/05. The cutoff date for the EB2 category for Chinese Nationals moved from 1/1/10 to 2/15/12 and the cutoff date for the EB3 category for Chinese Nationals moved from 1/1/10 to 1/22/13.
 
We hope you continue to read our newsletter as well as our blog in order to stay in touch and obtain important information concerning changes to the regulatory environment and new trends in the adjudication of petitions.

Kellie N. Lego, Esq.
MVP Law Group, P.A.
In This Issue
Diversity Visa (DV-2018) Lottery

Annually, the United States government issues a maximum of 50,000 green cards through a computer-generated random lottery drawing. Applications for the DV-2018 random lottery will be accepted from noon (EDT) (GM-4) Tuesday, October 4, 2016 through noon (EST) (GM-5) Monday, November 7, 2016. Paper entries will not be accepted, eligible participants may access the electronic Diversity Visa entry form (E-DV) to apply during this period. Early entry is recommended and they strongly encourage applicants not to wait until the last week of the registration period to enter!

 

These green cards are only available to those eligible participants from countries with low rates of immigration to the United States. Please check the "INSTRUCTIONS FOR THE 2018 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2018)" for the complete list of countries/areas whose natives are eligible for DV-2018.

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USCIS Seeks Comments on Proposed International Entrepreneur Rule


USCIS has published, (8/31/16), a notice of proposed rulemaking in the Federal Register for the proposed International Entrepreneur Rule. USCIS is inviting the public to comment for the next 45 days. To submit your comment, follow the instructions at the top of the Federal Register notice and remember the comment period ends on (10/17/16).

 

Background: 

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About Our Law Firm 

MVP Law Group, P.A.
offers Business Immigration Services to Employers and Individuals World Wide. We deal primarily with Business Immigration by assisting clients in obtaining Temporary Work Visas; Preparing and Filing Employment Based and Family Based Immigrant Petitions; Aiding Lawful Permanent Residents in Attaining Naturalization; and ensuring compliance with Immigration laws by conducting internal audits for businesses in all industries.

 

U.S. Immigration Law is federal in nature (i.e., No State or provincial law is involved), therefore, our firm is able to provide U.S. Immigration Law Services to clients ANYWHERE in the United States and around the World.

 

MVP Law Group, P.A. 

10632 Little Patuxent Parkway

Suite 406
Columbia, Maryland 21044

240-390-0600

1-800-447-0796 

 

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PERM Processing Priority Dates

(As of 9/29/16)

 

PROCESSING AREA

MONTH

CALENDAR YEAR

Analyst Reviews

June     

2016

Audits

Jan.   

   

2016

Requests for
Reconsideration

July      

2016

Gov't Error Appeals

Current

n/a

OCT. 2016 VISA BULLETIN
The Department of State has released its latest Visa Bulletin.
The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: "Application Final Action Dates" (consistent with prior Visa Bulletins) and "Dates for Filing Applications," indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).




MVP LAW GROUP - Immigration Q&A Forum
 

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 Work Visa

How long can my employer continue to request three year extensions based on my approved I-140? I have completed my 6 years on H-1B status.

Answer #1
Indefinitely - until an immigrant visa number is available for you.
 

Question #2 - H1B Nonimmigrant Work Visa

I f my H-1B was not accepted during the CAP, do I have to wait another year to file a new one? Are there other alternatives for me to work in the US?

Answer #2
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