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Question #1 – H-1B Nonimmigrant Visa

What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for a visa?

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Electronics Engineer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification requesting evidence of the employee’s work experience. The Employer sent back its recruitment documentation as well as the worker’s educational information, among other documents.

Upon review of the Audit response, the CO denied the Labor Certification. The CO believed the applicant’s credentials did not match the position’s minimum job requirements recorded on the Labor application. He stated the worker did not have a Master’s degree or 60 months experience at the time of his hire and only received his Master’s degree after he started working for the company. Overall, the CO declared “the Employer’s job requirements listed on Form 9089 did not represent the Employer’s actual minimum requirements.”

The Inauguration of the 46th President of the United States! On Wednesday, January 20, 2021, the United States of America will swear in Joseph Robinette Biden Jr. as the 46th President! The inauguration of Joe Biden will begin at noon and will mark the beginning of the four-year term of Joe Biden as President and Kamala Devi Harris as Vice President. The inauguration will start at 11 am eastern time. All major news networks will broadcast the event live on television with many sources streaming the event on the internet!

 

Biden’s Inaugural Committee will livestream the event on YouTube at the link provided here. They provide many scheduling and event details for the inauguration which is mostly virtual!

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, January 22, 2021. Act now and submit your questions!

“I have a dream that one day this nation will rise up and live out the true meaning of its creed: “We hold these truths to be self-evident: that all men are created equal.” I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slaveowners will be able to sit down together at a table of brotherhood. I have a dream that one day even the state of Mississippi, a desert state, sweltering with the heat of injustice and oppression, will be transformed into an oasis of freedom and justice. I have a dream that my four children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. I have a dream…”

Excerpt from Rev. Dr. Martin Luther King, Jr.’s “I Have a Dream” Speech, delivered on August 28, 1963, on the steps of the Lincoln Memorial!

Related link:

The Department of Homeland Security (DHS) announced that they have published a notice in the Federal Register listing the countries that are eligible for the H-2A and H-2B temporary immigration programs for 2021!

For 2021, DHS working with the Department of State (DOS) have agreed to:

  • Add the Philippines to the list of countries eligible to participate in the H-2B program;

Days after President Trump made the unusual move of removing Acting Secretary of DHS, Chad F. Wolf’s nomination from the U.S. Senate, he has resigned! Acting Secretary Wolf made his resignation effective the end of the day, Monday, January 11, 2021. He has been Acting Secretary of DHS since November 13, 2019 and was appointed by President Trump.

For complete details, please review this copy of Wolf’s Letter, “Acting Homeland Security Secretary Chad Wolf’s resignation letter”.

Source of Information:

AAO Processing Times – FY 2020 4th Quarter

The Administrative Appeals Office (AAO) provides an updated ‘processing times’ in table form, with information on FY2020 third quarterly completions; July 2020 to September 2020. These figures indicate the time that it takes from the date the case is received at AAO coming from the Service Center or District Office to completion.

AAO Processing Times were released with processing dates as of 10/5/20. If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

USCIS announced that they have published the final rule in the Federal Register, implicating the Trump Administration’s modifications to the H-1B Visa Program! These changes will affect H-1B cap selection process, amend current lottery procedures, and prioritize (increase) wages!

Joseph Edlow, USCIS Deputy Director for Policy stated, “The current H-1B random selection process makes it difficult for businesses to plan their hiring, fails to leverage the program to compete for the best and brightest international workforce, and has predominately resulted in the annual influx of foreign labor placed in low-wage positions at the expense of U.S. workers.”

For complete details, please review USCIS News Release, “USCIS Modifies H-1B Selection Process to Prioritize Wages”.

On January 3rd, President Trump sent a nomination withdrawal to the Senate for Acting Secretary of Homeland Security, Chad F. Wolf. Wolf has been Acting Secretary of DHS since November 13, 2019 and was appointed by President Trump.

Source of Information:

Whitehouse (Whitehouse.gov), 1/7/21, NOMINATIONS & APPOINTMENTS:

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