OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

President Biden has recorded a welcoming video for newly sworn in U.S. citizens! The video will be used during the naturalization ceremonies and thanks them for choosing the United States. Biden states, “I want to thank you for choosing us and believing that America is worthy of your aspirations,”. He goes on to say, “You all have one thing in common: Courage. The courage it takes to sacrifice and make this journey. The courage to leave your homes, your lives, your loved ones, and come to a nation that is more than just a place but rather an idea,”.

Please view this CNN News Article for more details: Biden records video welcoming new US citizens for naturalization ceremonies

USCIS Video: President Biden USCIS Naturalization Ceremony Video (YouTube)

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

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. The Employer responded by sending its recruitment report as well as resumes from U.S. applicants. In response, the CO informed the Employer that they would be required to conduct supervised recruitment. As part of the process, the Employer could only advertise the position in permitted publications and abide by specific advertising conditions. The Employer sent the CO a copy of the proposed job advertisement that was approved by the CO. A few weeks later, the Employer sent copies of the Arkansas State Workforce Agency job order; newspaper ads, on-line job postings from its company web page and a job search website. The CO told the Employer about the resumes that he had received as well.

A few months later, the CO told the Employer that the recruitment time had concluded. In 30 days, the employer was required to submit a comprehensive written report about the recruitment process and the outcomes. In a timely manner, the Employer presented its recruitment results. In the report, the Employer noted it had received resumes from 45 applicants. During the review of the resumes, the Employer cited it considered job applicants based on their education, training, experience as well as trainability. The Employer believed that none of the applicants fulfilled the minimum job requirements and therefore, were not qualified for the position.

The Administrative Appeals Office (AAO) provides an updated ‘processing times’ in table form, with information on FY2021 first quarterly completions; October 2020 to December 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 1/12/21. If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

Note: Starting with the January 2017 Administrative Appeals Office (AAO) Processing Times Report, the AAO has changed how it presents processing time data. The AAO will now provide, by form type, the total number of case completions for the fiscal year quarter and the percentage completed within 180 days, cases completed divided by their projected case goal.

The United States Citizenship and Immigration Services (USCIS) will be holding a Webinar entitled, “Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) for Venezuela”. They will be holding two webinars on the subject, one in English and the other in Spanish on two separate dates. The English one will be held on Wednesday, April 14, 2021 between 3:00 to 4:00 pm (Eastern) and the Spanish one on Thursday, April 29, 2021 between 3:00 to 4:00 pm (Eastern). This event will include a discussion of TPS and DED for Venezuela, including an explanation of eligibility requirements and filing information. They will also be answering questions submitted in advance and using chat during the webinars.

Note: On March 9, 2021, the Department of Homeland Security published a Federal Register notice (FRN) announcing the designation of Venezuela for TPS for 18 months!

To Register for this webinar:

The Biden Administration is NOT expected to renew Trump’s order halting many work-based visa programs which he imposed about a year ago. The order will expire this Wednesday and was justified because of the COVID-19 pandemic and its impact on the U.S. economy.

Please visit The Hill News Article for more detailed information: Biden to let Trump-era visa restrictions expire

Source of Information:

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 – H-1B Nonimmigrant Visa

Can I get a Social Security card if I am working in the US on H-1B status?

USCIS announced on Wednesday, March 30th that they have received enough of the FY 2022 H-1B initial electronic registrations to fulfil the numbers needed to reach the H-1B cap. This initial electronic registration also includes the advanced degree exemption (master’s cap). Registrants’ online accounts will now show one of the following statuses for each registration: Submitted, Selected, Denied, or Invalidated-Failed Payment.

Please visit this USCIS News Alert for more detailed information: FY 2022 H-1B Cap Season Updates: H-1B Initial Electronic Registration Selection Process Completed

Remember, FY 2022 H-1B Cap Petitions filing starts April 1st!

USCIS has an online Electronic Reading Room with access to Freedom of Information Act (FOIA) requested documents. The Reading Room is really a Web-based searchable database of public requested FOIA documents; mixed with USCIS documents that the government decided may have a larger public demand. You can use pull-downs to choose different listed subjects and include any month/year date from January 2011 to the present. You can also type in your own keywords to search.

Please visit this page for more information: Electronic Reading Room

Related Links:

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, April 2, 2021. Act now and submit your questions!

USCIS announced on Wednesday, March 24th, that they were extending the flexibilities that they originally announced on March 30th. These flexibilities are for responding to certain requests from the USCIS, some are listed below:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
Contact Information