• Hours & Info

    3233 E. Broadway,
    Long Beach, CA 90803
    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.

  • Past Blog Posts

  • https://api.whatsapp.com/send?phone=13104885414

Rule Revising the H-2 B Labor Certification

Posted on January 5, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Department of Labor (DOL) notice of a forthcoming proposed rule that would re-engineer the H-2B labor certification process to enhance transparency and strengthen program integrity and worker protections. The public may comment on the proposed rule when it is published in the Federal Register.

labor certification

RIR labor certification

Labor Certification

Permanent Labor Certification

Filed under: Department of Labor (DOL), H-2B, Immigration Attorney, Immigration Lawyer, Labor Certification | Tagged: , , , , , | Leave a comment »

BALCA remanded approval of the employer’s labor certification

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Following a request from the Department of Labor Office of the Solicitor, BALCA remanded the case to the Certifying Officer for approval of the employer’s labor certification. Matter of Syracuse University, 2010-PER-00772 (9-8-10).

Filed under: Certifying Officer, Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Labor Certification | Tagged: , , , , , , | Leave a comment »

Use of the word “ongoing” in timing requirements for recruitment

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Use of the word “ongoing” in response to questions I-15 and I-19 instead of a specific date did not violate the timing requirements for recruitment using a website posting and employee referral program under 20 CFR §656.17(e)(1)(ii). (Matter of Cinetic Dyag, 10/27/10)

Filed under: Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Labor Certification, Timing Requirements for Recruitment | Tagged: , , , , , , | Leave a comment »

Employer’s “request for review” to BALCA

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The CO erred in forwarding the employer’s “request for review” to Board of Alien Labor Certification Appeals (BALCA), rather than treating it as a request for reconsideration, thereby precluding a legal argument that arose only after the denial letter was issued. (Matter of CVS RX Services, 11/16/10).

Filed under: Board of Alien Labor Certification Appeals (BALCA), Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Labor Certification | Tagged: , , , , , , | Leave a comment »

Permanent Resident status H-1B and H-2B program information data to be released

Posted on March 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

DOL released public disclosure data files for FY 2009 for Permanent, H-1B and H-2B programs on the DOL Foreign Labor Certification Data Center website. Data released is to assist in H-1B and H-2B applicants. The data files are available on the FLC Data Center website.

Amended H-1B petition

Deadline for H-1B 

H-1B visa application

H-1B process

Filed under: H-1B | Tagged: , , , , , , , , , , , , | Leave a comment »

What is H-2B Visas?

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
This is a visa to meet temporary needs (H-2’s.) U.S. employers may petition for skilled or unskilled alien workers to meet temporary or seasonal needs in positions for which qualified U.S. workers are not available. It is important to note that both the services for which the employer requests H-2 labor approval and the employer’s need for such services must be temporary. There is currently an annual cap of 66,000 visas for H-2B workers. There is currently no annual cap on visas for H-2A workers. The Department of Labor has compiled a list of H-2B Program Certifications By Occupation for the period June 1, 1999 to May 31, 2000.

The first step to hiring an H-2 worker from outside the U.S. is for the employer to apply for a temporary labor certification with the Department of Labor. These certificates are designed to assure that the admission of aliens to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of U.S. workers. The employer is required to file the labor certification with the I-129 petition. For specific procedures on filing, please visit the Department of Labor’s Employment and Training Administration.

Dependents (spouses and unmarried children under 21 years of age) of H-2 workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification. A single petition may cover multiple workers if:

  • they will perform the same services
    -they will work in the same location
    -they are included on the same labor certification and,
    -they come from places that are served by the same U.S. consulate, or, if visa exempt, they will enter at the same port of entry.
    -It is not necessary to identify requested H-2A beneficiaries by name (unless only a single worker is needed) if they are unnamed on the underlying labor certification. H-2B beneficiaries must be named unless circumstances (e.g. emergencies) make identification by name impossible. The number of unnamed beneficiaries must always be stated on the petition.
  • H-2A and H-2B 
  • H-2A meaning
  • H-2B Attorney
  • Employment based visas

Filed under: H-2B | Tagged: , , , , , , , , | Leave a comment »

Can you immigrate to the United States?

Posted on December 28, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I would like to know if I am eligible to come to the United States and immigrate so I can get my Green Card. I am very confused and am unsure of the possible ways. Can you shed some light on this subject?

Answer: Through family-based immigration, a U.S. citizen or LPR can sponsor his or her close family members for permanent residence. A U.S. citizen can sponsor his or her spouse, parent (if the sponsor is over 21), children, and brothers and sisters. An LPR can sponsor his or her spouse, minor children, and adult unmarried children. As a result of recent changes in the law, all citizens or LPR’s wishing to petition for a family member must have an income at least 125% of the federal poverty level and sign a legally enforceable affidavit to support their family member.

Through employment-based immigration, a U.S. employer can sponsor a foreign-born employee for permanent residence. Typically, the employer must first demonstrate to the Department of Labor that there is no qualified U.S. worker available for the job for which an immigrant visa is being sought.

Through various special related visas for religious persons or multinational managers.

As a refugee or asylee, a person may gain permanent residence in the U.S. A person located outside the United States who seeks protection in the U.S. on the grounds that he or she faces persecution in his or her homeland can enter this country as a refugee. In order to be admitted to the U.S. as a refugee, the person must prove that he or she has a “well-founded fear of persecution” on the basis of at least one of the following internationally recognized grounds: race; religion; membership in a social group; political opinion; or national origin. A person who is already in the United States and fears persecution if sent back to his or her home country may apply for asylum in the U.S. Like a refugee, an asylum applicant must prove that he or she has a “well-founded” fear of persecution based on one of the five enumerated grounds listed above. Once granted asylum, the person is called an “asylee.” In most cases, an individual must apply for asylum within one year of arriving in the U.S. Refugees and asylees may apply for permanent residence after one year in the U.S.

Question: How many immigrants are admitted to the United States every year?

Answer: Family-based immigration is limited by statute to 480,000 persons per year. There is no numerical cap on the number of immediate relatives (spouses, minor unmarried children and parents of U.S. citizens) admitted annually to the U.S. as immigrants. However, the number of immediate relatives is subtracted from the 480,000 cap on family-based immigration to determine the number of other family-based immigrants to be admitted in the following year (with a floor of 226,000). Employment-based immigration is limited by statute to 140,000 persons per year. The United States accepts only a limited number of refugees from around the world each year. This number is determined every year by the President in consultation with Congress. The total number of annual “refugee slots” is divided among different regions of the world. For fiscal year 2003, the number of refugee admissions was set at 70,000.

The numbers may sound like a large amount. However, since so many people want to come into the U.S., there are many people who have to wait 10 to 20 years to have their turn to enter the U.S. as a Lawful Permanent Resident.

https://cbocalbos.wordpress.com/tag/find-us-immigration-attorney/

https://cbocalbos.wordpress.com/tag/us-immigration/

https://cbocalbos.wordpress.com/tag/find-us-immigration-lawyer/

https://californiaimmigration.us/immigration-lawyers-providing-efficient-solutions-for-various-immigration-issues/

Filed under: Family Petition, Immigration Law, immigration provisions, Labor Certification, USCIS | Tagged: , | Leave a comment »

Can I be deported?

Posted on December 28, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been out of status for a number of years. Currently, I have a couple different petitions going forward. Once is a sibling based family petition, and the other is an employment based Labor Certification. I was told that it would take about another three to four years to be able to adjust my status to that of a Lawful Permanent Resident. There have been many news stories of people begin picked up by INS and deported, I am afraid for myself, my wife and my children. Can I just be deported?

Answer: Under most circumstances, the answer is no. Because you are here in the United States, you are allowed the opportunity to go in front of an Immigration Judge. Only if you had a previous deportation order can INS just take you and deport you without giving you a hearing. It is your constitutional right. Unlike many other countries around the world, even if you are not a citizen or a lawful permanent resident of the United States, you are entitled to due process. This means that you have an opportunity to present your case, to question witnesses, to cross examine witnesses who testify against you, to apply for relief or ways of staying permanently in the United States and to appeal decisions of the Immigration Judge that you are not satisfied with.

Question: What exactly might happen?

Answer: Each case is different. However, if you are targeted by INS, you should be served with what is known as a Notice to Appear. This is the beginning of the process. You might be taken into custody upon which you would be able to try to get a Bond Redetermination Hearing to get bonded out or become free while the immigration case is going forward. Then, over the next six months to two years, you will present your case in front of the Immigration Judge with the hope of winning.

Question: Am I entitled to an attorney?

Answer: Yes. You have every right to have an attorney represent you through these proceedings. However, unlike criminal cases, you must pay for the attorney to help you. The State will not provide one free of charge.

Question: How can the U.S. Constitution protect someone in my position?

 Answer: Because the U.S. Constitution gives people their rights as free persons in this country. If the U.S. Government were to just pick someone up and deport them, there would not be any safeguards against possible mistakes they may make. Also, the law allows people who are out of status to obtain their Green Cards based upon certain criteria. The government allows you to present that evidence. Just remember that this is the best country in the world to live in (no offense to those people elsewhere) and one reason it is such a great place to live is because individual rights are valued and treasured by our Constitution.

 However, the United States Government seems to be taking various rights away from certain immigrants. Therefore, you will have to make certain that you contact an immigration attorney right away in order to protect your rights and not be wrongfully deported.

Filed under: Deportation, Immigration Law, immigration provisions, Labor Certification, USCIS | Tagged: , | Leave a comment »

Immigration Article: How to come to the U.S. without a degree or experience

Posted on December 24, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have tried to come to the U.S. many times, but only to get refused by the U.S. embassy. I have been told that I do not qualify for an H-1B or Specialty Occupation Work Visa because I do not have a college degree. I have been told that I cannot get a Labor Certification for the Green Card because I have no experience and I have been told that I cannot work on a Student Visa. I really want to come to the United States, but do not know how. Can you suggest any options?

Answer: Yes, there is a visa known as the H-3 Visa. It is known as the trainee visa. What this means is that you can come to the United States in order to get training in a field that interest you.

Question: Are you allowed to work on this visa?

Answer: First, the visa is not primarily for working. However, as long as there is a program that you will be trained, then work can be done in order to supplement and understand the training. Thus, there will be a portion of each day that will be devoted to working. You can get paid for this work.

Question: What if the company does not have a training program?

Answer: It is not necessary that they already have a training program. However, if they already have one in existence, then it would go smoother. However, the training program can be established for the first time so that you can come to the U.S. to get the training with the necessary work support to understand the training.

Question: What types of positions will qualify for the H-3 Visa?

Answer: There is not any particular position. That is why this is such a nice visa. It can be computer related, managerial related, medical, operational, clerking, warehousing, and so on.

Question: How long does this visa last for?

Answer: Normally, it lasts for up to two years. But you want to keep something in mind. First, as long as you leave the U.S. prior to the actual two years has been completed, you can return to the U.S. at any time afterwards with a valid visa. However, if you actually stay the entire two years, you must stay outside of the U.S. for six months.

Question: Is there anyway to change your status to another visa after you would get the H-3?

Answer: Yes, you can change or adjust your status when you’re on the H-3. For example, part of your training might be to complete your degree. Once that happened, then you could change for H-3 to H-1B which is a working visa. You could also change it to a myriad of different other types of visas. This visa is a very nice one for people in your situation and all you need is a company willing to sponsor you for this visa with the intention to train you for some type of position. You should inquire into this visa so that you are not stuck outside the U.S.

https://cbocalbos.wordpress.com/tag/immigrationattorney/

https://cbocalbos.wordpress.com/tag/american-immigration-attorney/

https://cbocalbos.wordpress.com/tag/immigrationlawyer/

https://californiaimmigration.us/our-immigration-law-firm/

Filed under: Immigration Law | Tagged: , , , , | Leave a comment »

Title: Employment Based Petitions Just Got Faster

Posted on December 23, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I filed a Labor Certification several years ago and it has just been certified. Now I am told that I must file the I-140 or Employment based petition. Additionally, I am told that only afterwards can I file the Adjustment of Status Petition. I urgently need to work and to leave the U.S., but cannot because it will take a considerable amount of time to process the I-140. Is there anything I can do to speed up the process?

Answer: Yes. You are very fortunate as new regulations were just passed by the Immigration and Naturalization Service which allow concurrent filings in certain situations for the I-140 Employment Petition and the I-485 Adjustment of Status Applications.

Question: Why Is the Service Issuing This Rule?

Answer: This interim rule is necessary to improve both efficiency and customer service, and to support the Service’s long-established goals for filing of petitions and applications via direct mail. Currently, as you are aware, an alien can only submit Form I-485 after the alien has had his or her underlying visa petition, Form I-140, approved, and when an immigrant visa is immediately available. Due to these requirements there has been a delay from the time the Form I-140 is filed with the Service until the alien worker, for whom a visa is otherwise immediately available, can properly file Form I-485 with the Service. The most practical and efficient way to eliminate this delay is to permit concurrent filing of Form I-485 together with Form I-140 in cases in which a visa is immediately available. Concurrent filing eliminates the delay that takes place between approval of Form I-140 and the subsequent filing of Form I-485. This interim rule provides for such concurrent filing.

Question: Does This Interim Rule Change or Amend the Substantive Eligibility Requirements for the Visa Petition or Permanent Residence Applications?

Answer: No, this interim rule does not change the current substantive requirements governing eligibility for and adjudication of the Form I-140 nor for the Form I-485.

Question: Who Is Eligible to File Forms I-140 and I-485 Concurrently?

Answer: Forms I-140 and I-485 may be filed concurrently only when an immigrant visa number is immediately available. This interim rule does not change the existing requirement that a visa number must be immediately available before an alien can apply for permanent resident status.

Question: If a Form I-140 Visa Petition Previously Filed for an Alien Worker Is Still Pending with the Service on or After the Date this Rule was published, and a Visa Number is immediately available, can the alien file Form I-485?

Answer: Yes, upon issuance of this rule, an alien whose Form I-140 visa petition is pending with the Service may file Form I-485, together with associated forms and fees, with the Service office at which the visa petition was filed. When filing Form I-485, the alien will be required to attach a copy of the Form I-797, Notice of Action, establishing previous receipt and acceptance by the Service of the underlying Form I-140 visa petition. When an immigrant visa is immediately available, Form I-485 may be filed either concurrently with the Form I-140 or anytime thereafter.

This is a very nice development from the Immigration and Naturalization Service. It will make both their adjudication more efficient, and persons whom want to work sooner on employment based visas will be able to do so considerably quicker than before.

https://cbocalbos.wordpress.com/tag/employment-based-immigration/

https://cbocalbos.wordpress.com/tag/employment-based-immigration-attorney/

https://cbocalbos.wordpress.com/tag/employment-based-petition/

https://californiaimmigration.us/family-and-employment-based-applicants-on-the-rise/

Filed under: employment based petition | Tagged: , , , , , , | 1 Comment »

« Previous Page — Next Page »

  • Brian D. Lerner

    Immigration Lawyer

  • Blog Stats

    • 304,222 Visitors

  • Categories

  • Recent Posts