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H1B Visa Lawyer Blog

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USCIS Extends Flexibility for Responding to Agency Requests – Update 3/24/21

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); Notices of Intent to Deny; Notices of Intent…

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Key Takeaways from AILA DOS Liaison Committee Meeting with the National Visa Center (February 2021)

Key Takeaways from AILA DOS Liaison Committee Meeting with the National Visa Center (February 2021) Background – After the USCIS approves an Immigrant visa petition for applicants located outside of the United States, the case is sent to the National Visa Center (NVC) for processing. Family preference cases and employment-based…

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BALCA Reverses CO’s Denial, Discusses Recruitment for “Roving” Positions

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Senior Systems Analyst.” Upon evaluating an Employer’s Application for Permanent Labor Certification, the CO denied the Labor Application because he believed it violated PERM regulation…

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FY 2022 H-1B Cap Initial Registration Period is Open

On Friday, February 5th, USCIS announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open Tuesday, March 9, 2021 at noon (Eastern) on March 9 and will stay open until Thursday, March 25, 2021 at noon (Eastern). This is the period that prospective petitioners and representatives will be able to fill out information and complete registration…

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BALCA on Calculating 180-Day Period for Filing under 20 CFR §656.17(e)

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 “Operating Engineer.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification of the application because the Employer had placed…

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