OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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The H-1B initial registration period has closed! FY 2025 H-1B cap season’s initial registration period has closed as of noon Eastern on Monday, March 25, 2024. The USCIS will now have to randomly select enough beneficiaries who have properly submitted applications to reach the cap allocations for FY 2025. The USCIS will issue an alert when H-1B selection has been completed! 

For further details please review the USCIS News Alert, “H-1B Form I-129 Filing Location Change and FY 2025 H-1B Cap Season Updates and Reminders“! 

 
Source of Information:

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On Friday, March 22, 2024, the Department of Homeland Security (DHS) announced that they were extending the designation of Temporary Protected Status (TPS) for the country of Burma (Myanmar) for 18 months, beginning on May 26, 2024, and ending on November 25, 2025! The Secretary of Homeland Security, Alejandro N. Mayorkas determined that the TPS extension and re-designation are warranted because the civilian government was overthrown in a military coup in 2021 and continues to face many problems! 

For further details please review the DHS Press Release, “Secretary Mayorkas Announces Extension and Redesignation of Burma (Myanmar) for Temporary Protected Status 

  
Background: 

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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, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, March 29, 2024. Act now and submit your questions!

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Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of designated countries experiencing difficult or unsafe conditions which makes returning to their home country onerous! The TPS for a country is designated by the Secretory of DHS, which is Alejandro Mayorkas. TPS recipients are not eligible for any public assistance because of this status. 

Review the American Immigration Council’s Fact Sheet for a detailed overview: Temporary Protected Status: An Overview 

 
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UPDATE: Explore American Immigration Council’ interactive map to get more comprehensive information on U.S. immigration data and its impact! 

The American Immigration Council (AIC) has released all fifty states and the District of Columbia, for a total of fifty-one updated state-by-state fact sheets highlighting immigration data and facts. These fact sheets highlight the demographic and economic impact of Immigrants in each state.

With national immigration policy being discussed, we thought that it would be a good time to provide some statistics on the Immigrant population in the United States as provided by this AIC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; North Carolina, North Dakota and Ohio!

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Tuesday, March 19th, Congressional leaders and President Biden announced a deal to fund the federal government and avoid a shutdown! The last major problem, the funding of the Department of Homeland Security (DHS) was resolved with the GOP house leader, Mike Johnson! Speaker Johnson, R-La., announced the DHS deal in a statement, saying, “House and Senate committees have begun drafting bill text to be prepared for release and consideration by the full House and Senate as soon as possible,”. Congress has until Midnight Friday to pass a package of funding bills to fully fund the Federal Government until the end of Fiscal Year 2024! 

Review the NBC News Article and Video for more details: Congress announces a deal to avoid a shutdown, resolving homeland security dispute 

 
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USCIS has begun using a streamlined process for new refugees admitted into the United States! They have automated the Employment Authorization Documents (EADs) process, so they can start working in this country in around 30 days, instead of months. The USCIS News Alert states, “All individuals admitted into the United States as refugees on or after Dec. 10, 2023, will receive EADs pursuant to this new process.” 

Review the USCIS News Alert for more details: USCIS Streamlines Process for Refugee Employment Authorization Documents 

 
Source of Information: 

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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.

1 – If an employee leaves prior to the end of their contract on H-1B, can we recoup the expenses we paid to sponsor them for the H-1B, like the USCIS filing fees and legal fees? H-1B employees may not be subjected to penalties for leaving the sponsoring employer. Employers may not recover their normal business expenses from an H-1B employee. The Department of Labor’s regulations explicitly prohibit an employer’s recovery of some of the H-1B petition-related filing fees: $460.00; $500.00; $750.00 or $1500.00; along with legal fees paid to an Attorney to prepare and file the case with the USCIS. An employer may recover the filing fees paid for any H4 dependent filing fees and legal fees associated with the H4 filing. 

  
2 – What happens to my H-1B employee if I terminate them prior to the end of their validity period? The H-1B employee will have a period of 60 days, a grace period, in which to find another employer willing to sponsor their H-1B (i.e., an H-1B transfer), or they may change status to another status (if eligible), or they may decide to leave the United States. If they decide to leave the United States, then you as employer are responsible for covering their reasonable expenses associated with the trip home (i.e. covering airfare). 

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The Department of State has released its latest Visa Bulletin.

Click the link to view the April 2024 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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