USCIS has announced that they have reached the 16,000 additional petitions needed for the H-2B supplemental cap for fiscal year (FY) 2021! They will continue to accept petitions for H-2B nonimmigrant workers for the additional 6,000 petitions for Northern Triangle countries of Honduras, El Salvador, and Guatemala. This temporary final rule supplements the H-2B Visa Cap by adding 22,000 to the amount accepted for this FY. This will affect H-2B temporary nonagricultural guest worker visas for FY 2021!

Please view this USCIS News Alert for more details: Cap Reached for Additional Returning Worker H-2B Visas for FY 2021

Source of Information:

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Question #1 – B-1 Temporary Business Visitor

How long can someone stay in US on a Business Visa (B1/B2)?

On Monday, June 7th, U.S. Vice President Harris held a bilateral meeting in Guatemala with their President Giammattei! They where discussing the conditions that are influencing the large out migration from their country and the region to the United States.

Vice President Harris announces the following to combat the problem:

  • Anticorruption Task Force

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 “Computer & Information Systems Manager.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. Once the Employer responded to the Audit, the CO denied certification of the application for failing “to respond to the audit notification within the required time.”

The Employer sent a reconsideration request to the CO. In its argument, the Employer submitted its audit response documentation that included a copy of its job posting from its website with an unreadable handwritten note displaying the dates of posting. In addition, the recruitment report signed by the Company’s President was submitted. In the report, the time frame for the job posting on the employer’s website was listed as November 30 to December 30, 2008.

On May 3rd, USCIS started a pilot program at the Nebraska Service Center to accept credit card payments using Form G-1450, Authorization for Credit Card Transactions, for U nonimmigrants filing Form I-485, Application to Register Permanent Residence or Adjust Status. This pilot program will be limited to this location at this time.

Please view this USCIS News Alert for more details: USCIS Announces Pilot Program for Credit Card Payments Using Form G-1450 When Filing Form I-485

Source of Information:

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, June 11, 2021. Act now and submit your questions!

The USCIS has announced that it has updated it Visitor procedure and policy to consider fully vaccinated persons! Individuals who are fully vaccinated will no longer have to wear a mask. The USCIS News Alert stated, “To be considered fully vaccinated, it must be at least two weeks after receiving a second dose in a two-dose series or at least two weeks after receiving a dose of a single-dose vaccine.”

Please view this USCIS News Alert for more details: USCIS Eases Visitor Restrictions for Fully Vaccinated Individuals

Source of Information:

On June 1st, President Biden signed a Presidential Proclamation, “A Proclamation on National Immigrant Heritage Month, 2021”, declaring the month of June 2021 as National Immigrant Heritage Month. The first statement of the proclamation states, “America is, always has been, and always will be a Nation of immigrants.” The President and Vice President both acknowledge that historically immigrants have made this Nation stronger.

Source of Information:

Whitehouse.gov, 6/1/21, Presidential Actions:

You can now check USCIS processing times online at the USCIS web site. All you need to enter is your form number, and the office processing your case. USCIS has made processing times easier to understand and provide a more realistic date range.

Check Case Processing Times

The processing time range is how long it is taking for USCIS to process your type of case from the date they received it. USCIS processes cases in the order they receive them, and they normally update this information monthly. The estimated time range displayed is based on data captured over the last two months.

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