OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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On Monday, March 8, 2021, Secretary of Homeland Security, Alejandro Mayorkas announced that he has designating Temporary Protected Status (TPS) for the country of Venezuela for 18 months, from now until September 2022. *This new designation of TPS for Venezuela enables Venezuelan nationals (and individuals without nationality who last resided in Venezuela) currently residing in the United States to file initial applications for TPS, so long as they meet eligibility requirements. *USCIS

For further details please review the USCIS News Release, “Secretary Mayorkas Designates Venezuela for Temporary Protected Status for 18 Months“.

Background:

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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 for petitioners.

*Prospective H-1B cap-subject petitioners or their representatives are required to use a myUSCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. *USCIS

For complete details, please review USCIS News Alert, “FY 2022 H-1B Cap Initial Registration Period Opens on March 9”.

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The Biden Administration and the Congressional Democrats have created a new immigration reform bill, “U.S. Citizenship Act of 2021.” Senator Menendez (D, NJ) has introduced the bill to the Senate and Representative Sánchez (D, CA) has introduced an identical bill the House.

Here are just some of the highlights of the upcoming legislation:

  • Establish an “earned path to citizenship” for “eligible entrants” (and their spouses and children) that provides for an initial period of authorized admission as a “lawful prospective immigrant,” valid for six years and extendable. Qualifying individuals would also receive a work permit and travel authorization. A lawful prospective immigrant could become eligible for permanent residence after at least five years of prospective status. Prospective applicants would need to have been in the United States before 2021.
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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

In a few months, I will be starting work in the US with an H-1Visa. Does my spouse need to accompany me to the US right away? She wanted to stay in our home country for a few months. My wife has an approved H-4 Visa.

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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 for petitioners.

*Prospective H-1B cap-subject petitioners or their representatives are required to use a myUSCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. *USCIS

For complete details, please review USCIS News Alert, “FY 2022 H-1B Cap Initial Registration Period Opens on March 9”.

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On February 26th, USCIS updated its FAQs on H-1B Electronic Registration Process for the Fiscal Year (FY) 2022 H-1B cap filing season. The H-1B cap registration period will start on Tuesday, March 9th at 12:00pm (noon) (ET) and go through Thursday, March 25th at 12:00pm (noon) (ET).

Here is an excerpt from the updated FAQs, I have included the first two questions and answers from the web page:

 
H-1B Electronic Registration Process

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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, March 5, 2021. Act now and submit your questions!

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Last spring at the beginning of the Pandemic, former President Trump stopped the issuance of green cards until the end of the year citing American job loss, this basically blocked legal immigration. Just before leaving office he extended the ban until the end of March 2021. On Wednesday, President Biden lifted that order!

In his proclamation, President Biden states that shutting the door on legal immigrants “does not advance the interests of the United States.” The proclamation also states, “To the contrary, it harms the United States, including by preventing certain family members of United States citizens and lawful permanent residents from joining their families here. It also harms industries in the United States that utilize talent from around the world,”.

Presidential Action: A Proclamation on Revoking Proclamation 10014

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USCIS announced that it has received a sufficient number of H-2B petitions to reach the congressionally mandated cap (33,000) for the second half of FY 2021. February 12, 2021 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before October 1st. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY2021, for a total of 66,000 for the year.

USCIS will reject new H-2B petitions that were received after February 12, 2021 and that request an employment start date before October 1, 2021, but there are some exceptions!

The exceptions are listed below:

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The Department of State has released its latest Visa Bulletin.

Click the link to view the March 2021 Visa Bulletin

The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).

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