H1B Visa Lawyer Blog

May 17, 2021

En Banc Panel Resolves BALCA Dispute Over Prevailing Wage Documentation

The Board of Alien Labor Certification Appeals (BALCA) overturned the decision of a Certifying Officer (CO) to deny Labor Certification.

After obtaining & examining an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification ordering the Employer to submit a copy of the Prevailing Wage Determination (PWD) received from the State Workforce Agency (SWA) along with a copy of the request for the determination. The Employer replied to the Audit by providing a copy of the PWD issued from the Pennsylvania Bureau of Workforce Development Partnership. It did not contain a copy of its original request for a prevailing wage as submitted to the Pennsylvania SWA.

The CO denied labor certification citing the Employer’s failure to provide the request for the PWD in a timely manner. He referred to PERM Regulation 20 C.F.R. § 656.20(b) as his reason for denial. PERM Regulation 656.20(b) declares, “A substantial failure by the employer to provide required documentation will result in that application being denied.”

May 14, 2021

MVP “Immigration Q & A Forum” – May 14, 2021

by Kellie N. Lego

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 – B-1 Temporary Business Visitor

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

May 13, 2021

Rescheduling Biometric Services Appointments by Phone

by Kellie N. Lego

On Tuesday May 11^th, USCIS announced that clients with scheduled biometric services appointments can now call the USCIS Contact Center (800-375-5283) to reschedule their biometric services appointment with the USCIS Application Support Center if needed. You must call before your scheduled appointment and show good cause for rescheduling!

Please view this USCIS News Alert for more details: Rescheduling Biometric Services Appointments by Phone

Source of Information:

May 12, 2021

USICS Withdrawal of Proposed Rule on Removal of Entrepreneur Parole Program

by Kellie N. Lego

USCIS has published a notice in the Federal Register that as of May 11, 2021 they are withdrawing the proposed rule published May 29, 2018. The 2018 Trump Administration change removed the International Entrepreneur Parole Program, this action will restore it!

Background:

Under the International Entrepreneur Rule (IER), DHS may use its parole authority to grant a period of authorized stay, on a case-by-case basis, to foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through their business venture and that they merit a favorable exercise of discretion.

May 11, 2021

Update – AAO Processing Times – FY 2021 2nd Quarter

by Kellie N. Lego

The Administrative Appeals Office (AAO) provides an updated ‘processing times’ in table form, with information on FY2021 second quarterly completions; January 2021 to March 2021. 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 4/13/21. 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.

May 10, 2021

MVP “Immigration Q & A Forum” – This Friday, May 14, 2021

by Kellie N. Lego

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, May 14, 2021. Act now and submit your questions!

May 7, 2021

BALCA Upholds Denial in Case Involving Home Office

by Kellie N. Lego

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 “Field Service Engineer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. One of the issues present was the fact that the main worksite address on the ETA Form 9089 was the same as the alien’s address. In its Audit response, the Employer provided its recruitment documentation and explained that the position allows its “Field Service Engineer to work from home and to travel to client sites as needed.”

Once the Employer responded, the CO denied certification. The CO indicated the position communicated in its recruitment efforts did not offer the condition to work from home to US workers. This was a violation of PERM Regulation 20 CFR 656.17(f)(7). This regulation requires that an advertisement “must not contain wages or terms and conditions of employment that are less favorable than those offered to the alien.”

May 6, 2021

USCIS to Suspend Biometrics Requirement for Certain I-539 Applicants!

by Kellie N. Lego

As of May 17^th, USCIS will suspend biometrics requirements for certain Form I-539 applicants. This suspension will apply to certain H-4, L-2, E-1, E-2, and E-3 categories. This change was caused by a declaration submitted to the U.S. District Court for the Western District of Washington for the case Edkunni v. Mayorkas. Edkunni is an active class-action lawsuit filed by AILA and Wasden Banias, LLP!

The case is Edakunni v. Mayorkas, U.S. District Court for the Western District of Washington, No. 2:21-cv-393.

Please view this Reuters News Article for more details: USCIS will suspend Trump-era biometric screening rule for work-permit applicants

May 4, 2021

President Joe Biden Addresses a Joint Session of Congress – Immigration Excerpt!

by Kellie N. Lego

On Wednesday, April 26^th, President Biden addressed a joint session of Congress for the first time, marking the first 100 days in office. He listed his achievements, such as his administration’s Covid Vaccination Program. He also talked about many of his goals for the future of our country, including immigration!

Below is an excerpt from President Biden’s speech that deals with Immigration:

“Immigration has always been essential to America. Let’s end our exhausting war over immigration.