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MVP Law Group
News You Can Use
November 2016
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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,
"I am grateful for what I am and have. My thanksgiving is perpetual."
" -- Henry David Thoreau
Since the election, we have been receiving calls and other inquiries from the immigrant population and other interested parties in the community. We want to give people accurate information but also to be cautious of speculation, as it may breed fear and misinformation.
I. What we are saying to the Immigrant Community:
a. Right now, nothing has changed. All existing immigration benefits remain in existence.
b. We can't predict what will happen after President-Elect Trump assumes office in January. Once more information becomes available we will have a better idea.
c. Remember that immigration law is defined by Congress and the majority of our current laws cannot be changed without Congress passing new laws.
d. The Deferred Action for Childhood Arrivals program ("DACA 2012") provides eligible, undocumented young people who arrived before age 16 an opportunity to remain in the United States and to apply for work authorization. DACA is still in effect.
i. If you have an upcoming DACA renewal, renew this within the time frame required. We suggest renewals be done prior to January's inauguration if possible, or as soon thereafter as possible.
ii. If you have not applied for DACA, go to a reputable legal provider for a consultation, and apply for this benefit if, after your consultation, you have a strong DACA petition.
e. It is also important for you to be screened for other benefits besides DACA. This can be done at the same time as your DACA consultation.
f. In addition, if you are a refugee, you should apply for a green card within one year of being admitted to the United States. Do this as soon as possible by going to a reputable legal provider.
g. The government has priorities for who is to be removed from the United States. These priorities have not changed. If you do not fall in one of these priorities, it is less likely (but not impossible) that the government will attempt to deport you. You can learn more about these priorities at your consultation.
h. Beware of Notarios! Sadly, this is the time when many unscrupulous people will attempt to offer benefits or protections that do not exist. Only seek legal help from reputable legal providers.
i. In the unfortunate event of the detention or deportation of a family member, it is important that other family members, especially children, know the plan. Make sure you know which adult is in charge of children, and have all necessary paperwork regarding children and other family members who need assistance in one place, ready for the remaining adult to handle.
Again, we can't predict what will happen after President-Elect Trump assumes office in January. Once more information becomes available we will have a better idea.
In other immigration news, the U.S. Department of State (DOS) Visa Bulletin for December 2016 is now available. The cutoff date movement is consistent with earlier predictions. The cutoff date for the EB2 category for India moved from 11/1/07 to 2/1/08 and EB3 moved from 3/8/05 to 3/15/05. The cutoff date for the EB2 category for Chinese Nationals moved from 7/15/12 to 9/22/12 and the cutoff date for the EB3 category for Chinese Nationals moved from 4/15/13 to 7/1/13.
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.
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Final Rule - Employment-Based Immigrant and Nonimmigrant Visa Programs
USCIS published the final rule, "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers" on November 18, 2016 and it goes into effect on January, 17, 2017. This final rule will modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. They have also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. Remember, this rule goes into effect on Jan. 17, 2017. Read more |
Changes to Individual Taxpayer Identification Number (ITIN)
The USCIS has sent out an email alerting stakeholders that the Internal Revenue Service (IRS) recently announced changes to the Individual Taxpayer Identification Number (ITIN) program. These changes will require some individuals to renew their ITIN. If your ITIN is expiring soon the IRS will send you a letter stating that renewal is required. More information about the ITIN is available online by visiting the ITIN Expiration Frequently Asked Questions Web page on the IRS website.
The IRS is now accepting ITIN renewal applications and encouraging people to plan ahead so that their ITINs don't expire. ITINs are used by people who have tax filing or payment obligations under U.S. law but who are not eligible for a Social Security Number.
Read more
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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 11/30/16)
| PROCESSING AREA |
MONTH |
CALENDAR YEAR |
| Analyst Reviews |
Aug. |
2016 |
| Audits |
April |
2016 |
| Requests for
Reconsideration |
Oct. |
2016 |
| Gov't Error Appeals |
Current |
n/a |
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DEC. 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).
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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 - Employment Based Green Card
If I wanted to sponsor an H-1B worker for employment under the EB-2 or EB-3, what is the first step in this process?
Answer #1
The first step in the Employment Based Green Card process is the filing of the Labor Application with the Department of Labor after a good faith test of the U.S. Labor Market has been conducted and no willing, able or qualified U.S. workers are available for the position.
To further discuss all of the steps involved in the sponsorship process, please contact our office to schedule a consultation.
Question #2 - H1B Nonimmigrant Work Visa
What happens if my company lays me off while I am employed on an H-1B Visa?
Answer #2
Read more
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