OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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 Thursday, February 28th, 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);

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 “Electronics Engineer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification requesting evidence of the employee’s work experience. The Employer sent back its recruitment documentation as well as the worker’s educational information, among other documents.

Upon review of the Audit response, the CO denied the Labor Certification. The CO believed the applicant’s credentials did not match the position’s minimum job requirements recorded on the Labor application. He stated the worker did not have a Master’s degree or 60 months experience at the time of his hire and only received his Master’s degree after he started working for the company. Overall, the CO declared “the Employer’s job requirements listed on Form 9089 did not represent the Employer’s actual minimum requirements.”

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

A federal judge in Texas has temporarily blocked the new Biden administration’s 100-day moratorium on deportations! Texas Attorney General, Ken Paxton sued the Biden administration last week. He is arguing that the moratorium violated federal law and an agreement he signed with the Trump administration. U.S. District Judge Drew Tipton, a Trump appointee in the Southern District of Texas, issued a temporary restraining order that blocks the policy nationwide for 14 days. The administration has appealed the ruling!

For complete details, please review Reuters News Article, “US Judge Blocks Deportation Freeze in Swift Setback for Biden”.

Source of Information:

The Department of State has released its latest Visa Bulletin.

Click the link to view the February 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).

The American Immigration Lawyers Association (AILA) has released a video summary of the new Biden Administration’s first 100 days of actions! This video clip is from the AILA University Video Roundtable “Biden Administration Immigration Action Roundtable Series” and was recorded on January 22, 2021. This is a recorded video of a live meeting updating and discussing President Biden’s Executive Actions and Orders taken up to this date.

Video – Biden’s First 100 days – ALIA Up-to-Date Video Review – 1/22/21

Source of Information:

Biden Administration is withdrawing the USCIS Final Rule Strengthening H-1B Nonimmigrant Visa Classification Program!

Last week, the new White House Chief of Staff, Ronald Klain issued a memorandum to the heads of executive departments and agencies within the Federal Government and directs them to freeze any pending regulatory changes until reviewed. This Regulatory Freeze calls for 1) all rules pending at the Federal Register that have not been published must be immediately withdrawn and 2) agencies must “consider” postponing the effective dates for regulations that have been published, but not yet taken effect, for 60 days from the memo’s date. As a result, the USCIS Final Rule Strengthening H-1B Nonimmigrant Visa Classification Program will be withdrawn along with others. As we find out more on this subject, we will post it!

 

Whitehouse.gov, 1/20/21, Briefing Room Memorandum: Regulatory Freeze Pending Review

We are interested in all the changes that the new Biden Administration is making but here we have listed the Immigration changes that effect our clients.

Immigration* – Executive Orders or Actions made on January 20th, by President Biden:

Defend “Dreamers” program for undocumented young Americans. Mr. Biden, in this executive order, calls on Congress to grant permanent status and a path to citizenship to Dreamers — almost a million undocumented young people who were brought to the country as children and shielded from deportation by President Obama. The Trump administration challenged the law, but the Supreme Court upheld it.

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

What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for a visa?

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