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MVP Law Group
News You Can Use
April 2018
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10632 Little Patuxent Parkway
Suite 406
Columbia, Maryland 21044
240-390-0600
1-800-447-0796
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Greetings,
"Human rights, the rights of minorities and shared liberty are the true answers to the disorders of the world." -- French President Emmanuel Macron (Speech to Congress - 4/25/18)
Attorney Lego's Day on the Hill
Attorney Kellie Lego of the DC Chapter of the American Immigration Lawyers Association (AILA) traveled to Washington, D.C., and visited Congressional offices to share the contributions of immigrants to our state with members of Congress and explain the impact of the anti-immigrant policies implemented by the Trump administration.
"These new policies are doing serious harm to Maryland families and businesses., The administration has implemented numerous policies to restrict and slow the pace of legal immigration, rescinded the Deferred Action for Childhood Arrivals (DACA) program, and increased the use of harsh enforcement tactics, separating families with longstanding ties to the U.S. As part of AILA's National Day of Action, I urged Congress to pass much needed reforms to America's outdated immigration system and to stop the implementation of policies that hurt Maryland businesses, families, and communities. I was proud to stand united with colleagues, clients, coalition partners, and other AILA members from around the country, to ask Congress to lead on immigration, to advance real solutions that will benefit all Americans," Lego said.
"On April 12, I visited the offices of Representative Elijah Cummings, Representative Jamie Raskin, Representative Steny Hoyer and Senator Chris Van Hollen. At each meeting, I shared the experiences of our clients and their employers, showing how immigrants contribute to our community, and highlighted ways our laws could be reformed to increase our shared prosperity. During our visits, we were encouraged to reach out to Senate and House Republicans and share client stories, to make this 'personal' as statistics and logic do not seem to work. I emphasized to our Representatives their need to exercise congressional oversight authority as the transparency in our system is slowly disappearing. I requested that our Representatives and Senators use our organization as a resource when analyzing bills to reforms to our broken immigration system.
"We told Congress that our state needs solutions, not more policies that cost taxpayers billions and don't improve our safety or security," noted Lego. Eight out of ten Americans support reform-that's an overwhelming majority calling for action" said Lego. "Moreover, when the best and the brightest from all over the world can come to America, bringing their creativity and innovative spirit and building new industries, that creates jobs and makes life better for all of us. There's a lot to be done. Let's start with protecting Dreamers and ensuring our legal immigration system meets the needs of businesses and families," Lego concluded.
Your Senators and Representatives NEED to hear from you. NOTHING will change without your Voice! CONTACT YOUR SENATORS AND REPRESENTATIVES NOW! PLEASE call, write or email your Senators and Representatives, regardless of where you live, they should hear from you and know what you won't stand for!
Updates on Existing Immigration Law & Policy Challenged by the Trump Administration:
I. Travel Ban 3.0
- The Supreme Court of the United States will hear oral arguments in the case of Trump v. Hawaii. The Supreme Court has asked both parties to answer the four following questions:
- Can the Court review the respondent's challenge to Travel Ban 3.0?
- Is Travel Ban 3.0 a lawful exercise of the President's authority?
- Is a nationwide injunction impermissibility overbroad?
- Does Travel Ban 3.0 violate the Establishment Clause of the First Amendment?
II. Employment Authorization for Certain H-4 Dependent Spouses (H-4 Rule)
- DHS has indicated that in July 2018 they would provide through a 60-day notice and comment period, details concerning the cancellation of the H4 EAD regulation. In addition, there would be a 30-day period to reconcile those comments. After reconciliation they would publish a final rule with an effective date in the federal register.
- At this time, the H4 EAD regulation remains in effect and MVP Law Group, P.A. has been successful in securing initial grants and renewal applications for H4 EAD recipients.
- Qualified Applicants are encouraged to apply and/or renew their EAD, if they are eligible.
III.
H-1B Extensions Pursuant to AC21
- USCIS is NOT considering changing its interpretation of section 104(c) of the American Competitiveness in the Twenty-First Century Act (AC21), which provides for H-1B extensions beyond the six-year limit for H-1B workers who have reached certain milestones in the green card process. USCIS went on to note that "such a change would not likely result in these H-1B holders having to leave the United States because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead."
IV.
Family Based Immigration - What the Trump Administration calls 'Chain Migration'
- A United States Citizen may sponsor an immediate relative. An Immediate relative is considered: (a) Spouse of a U.S. Citizen; (b) Child under the age of 21 of a U.S. Citizen; and (c) Parent of a U.S. Citizen (the U.S. Citizen is over 21)
- In order to sponsor an Immediate Relative, a U.S. Citizen must successfully file an I-130, Immigrant Petition for Alien Relative with the USCIS documenting the bona fide relationship. Once approved, the Immediate Relative will need to either file for Adjustment of Status with the USCIS (if within the U.S.), or Consular Processing (if outside the U.S.) with the Department of State. The U.S. citizen is required to file an Affidavit of Support, illustrating that they have the ability to support the relative at 125% of the poverty rate. If they cannot, they must find a joint sponsor or other sponsor to meet the affidavit of support requirements, or the intended relative will NOT be able to immigrate to the United States.
- A U.S. Citizen may also sponsor their unmarried (F1)/married (F3) son/daughter, and their brother/sister (F4); however, those family members of a U.S. Citizen are subject to the family-based preference categories and will wait a number of years to be in a position to immigrate to the United States.
- On the other hand, all family members of a Lawful Permanent Residents of the United States, are subject to the family-based preference categories and will wait a number of years to be in a position to immigrate to the United States.
- To make is as clear and simple as possible - family members of Lawful Permanent Residents are defined as: Spouses and children under 21 (F2A), and unmarried sons/daughters (F2B). No one else may be sponsored by a lawful permanent resident - not an Aunt or an Uncle, not a niece or a nephew, nor a grandparent. Lawful permanent residents may not sponsor their married sons/daughters, or their parents, only U.S. Citizens may.
- We mentioned that it will take a number of years for a family member to be able to immigrate to the United States, and this is why: according to Section 201 of the Immigration and Nationality Act (INA), each fiscal year only 226,000 family-sponsored preference immigrant visas are made available. It is important to note that there is a per-country limit for preference immigrants set at 7% of the total annual family-sponsored preference limits.
V.
TPS and Adjustment of States - Class Action
- A class action lawsuit against officials at the U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of Homeland Security (DHS) has been filed in a federal district court in New York, challenging the government's unlawful practice of depriving certain Temporary Protected Status (TPS) holders with close family relationships or employment in the United States from becoming lawful permanent residents. In particular, USCIS has a practice of denying the adjustment applications of TPS holders who, in accord with the Immigration and Nationality Act, have been "inspected and admitted" for purposes of adjustment of status because, prior to their receipt of TPS, they entered the United States without inspection (EWI).
- Currently, USCIS applies its unlawful policy to TPS holders living everywhere in the country except for within the jurisdictions of the U.S. Courts of Appeals which have ruled on the issue, the Sixth, Ninth and Eleventh Circuits. Thus, the proposed class would include individuals living within the jurisdictions of the First, Second, Third, Fourth, Fifth, Seventh, Eighth, and Tenth Circuits.
VI.
H-1B "New" Policy Memorandum re Third Party Worksites
- On Thursday, February 22, 2018, the USCIS released a Policy Memorandum making clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an employee is working at a third-party worksite. Yet, in 2010, a policy memorandum, called 'The Neufeld Memo' made it clear that detailed documentation may be requested from Petitioners to ensure a legitimate employer-employee relationship while an H-1B applicant is placed at a third-party worksite, and provided a non-exhaustive list of the types of evidence to prove a legitimate employer-employee relationship.
What's been happening in Immigration:
March 1, 2018 - The USCIS released a
statement
announcing that they have completed random selection for H-2B visa cap for the second half of FY2018. The USCIS conducted the random lottery on February 27, 2018.
March 5, 2018 - The USCIS
announced
that the re-registration period for Syrians with Temporary Protected Status has opened. Re-registration is open from March 5th to May 4th, 2018.
March 8, 2018 - The White House has released an
article
titled, "Criminal Aliens Set Free by California's Radical Agenda of Resistance to Federal Law." On March 6, 2018, the Department of Justice filed a lawsuit against the State of California in response to it being a Sanctuary State.
March 13, 2018 - The White House released a
statement
titled, "What You Need to Know About Sanctuary Cities."
March 20, 2018 - The USCIS
announced
that they will be accepting CW-1 petitions for FY 2019 on April 2, 2018.
March 20, 2018 - The White House has released another
statement
on the subject of Sanctuary Cities.
March 20, 2018 - The USCIS
announced
they will temporarily suspend premium processing for FY 2019 H-1B cap petitions, including petitions seeking an exemption for individuals with a U.S. master's degree or higher. The suspension of premium processing will last until September 10, 2018. The USCIS will continue to accept premium processing requests for H-1B petitions that are not subject to the FY 2019 cap.
March 30, 2018 - The USCIS has
announced
that the USCIS California Service Center and the U.S. Customs and Border Protection Blaine, Washington, port of entry will implement a joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement.
April 2, 2018 - The White House released a
statement
titled, "What You Need to Know About Catch and Release."
April 3, 2018 - USCIS announced that all Permanent Resident Cards, Employment Authorization Cards and Travel documents returned to the USCIS as undeliverable will be
destroyed
after 60 business days if USCIS is not contacted by the document's intended recipient to provide the correct address.
April 4, 2018 - The White House released a
statement
titled, "What You Need to Know About Loopholes Allowing Unaccompanied Alien Children to Stay in the Country."
April 4, 2018 - The White House released a
statement
titled, "What You Need to Know About the President's Authorization for the National Guard to Deploy to the Southern Border."
April 6, 2018 - USCIS reached the congressionally mandated 65,000 H-1B visa
cap
for Fiscal Year 2019.
April 9, 2018 - The White House released a
statement
titled, "What You Need to Know About President Donald J. Trump's Efforts to End Catch And Release."
April 12, 2018 - USCIS completed the random lottery
selection
process for H-1B CAP subject petitions filed for FY2019.
April 18, 2018 - The While House released a
statement
by the Press Secretary Calling on Congress to Fix Loopholes in our Immigration Laws
April 23, 2018 -
In response to a FOIA request, AILA and the American Immigration Council received a partially redacted
report
written by Booz Allen Hamilton and commissioned by EOIR which offers recommendations to ensure efficient proceedings and due process. The administration, however, has done the opposite.
As the Department of Homeland Security (DHS) continues to attack the Immigrant population, local nonprofits could use your support. If you are interested in helping either by volunteering your time or making a monetary contribution, on a nationwide level or locally, please reach out to the following organizations:
In other immigration news, the U.S. Department of State (DOS) Visa Bulletin for May 2018 is now available. The cutoff date movement is consistent with earlier predictions. The cutoff date for the EB2 category for India remained at 12/22/08 and EB3 moved from 2/1/08 to 5/1/08. The cutoff date for the EB2 category for Chinese Nationals moved from 8/1/14 to 9/1/14 and the cutoff date for the EB3 category for Chinese Nationals remained at 6/1/15.
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.
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New USCIS Home Page Layout and Look!
USCIS has re-designed their website's Home Page, with the hope that it will be easier to navigate! Listed below are some of the new design features that have been included. New design features included:
- An announcement ribbon featuring important or breaking news
- Easy access to our most sought-after online tools
- Prominent links to information to important online processes
- A multi-media educational panel at the bottom of the page
Read more |
Alternatives to the H-1B Visa for Individuals who did not make the FY2019 H-1B Quota
Now that all of the new H-1B visas for the 2019 Fiscal Year have been allocated, What options do Employers who are looking to hire Foreign National Professionals have?
Here are some creative solutions to this problem:
OPT - STEM Extension
If the company is registered for E-Verify, the database that enables employers to verify the legitimacy of work authorization and identity documents at the time of hire, those who have been granted 12 months of Optional Practical Training after graduation, are eligible for a STEM extension of an additional 24 months of work authorization.
O-1 Visa
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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 Keep In Touch With Us!   
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| PERM Processing Priority Dates (As of 4/25/18)
| PROCESSING AREA |
MONTH |
CALENDAR YEAR |
| Analyst Reviews |
Nov. |
2017 |
| Audits |
Aug.
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2017 |
| Requests for
Reconsideration |
Feb. |
2018 |
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MAY 2018 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).
Read more
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MVP LAW GROUP - Immigration Q&A Forum
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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 - Citizenship
If I have been a Green Card Holder for 8 years, am I eligible to Apply for Citizenship?
Answer #1 - The general requirements for administrative naturalization include:
* A period of continuous residence and physical presence in the United States;
* Residence in a particular USCIS District prior to filing;
* An ability to read, write and speak English;
* A knowledge and understanding of U.S. history and government;
* Good moral character;
* Attachment to the principles of the U.S. Constitution; and,
* Favorable disposition toward the United States
Question #2 - Naturalization/Citizenship
If I want to apply for Citizenship, do I need to be present in the US to start the process?
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