OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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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.

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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.

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

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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.”

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As of May 17th, 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

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On Wednesday, April 26th, 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.

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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 – J-1 Visa (Exchange Visitors)

My niece has a J-1 visa and some things have occurred and now the sponsor wants to cancel her visa. My question is what is the time period that she has to leave the country without incurring any unlawful presence?

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The Department of Homeland Security (DHS) has published a Request for Public Input in the Federal Register, “Identifying Barriers Across U.S. Citizenship and Immigration Services (USCIS) Benefits and Services; Request for Public Input”. This notice is looking for comments from the public on how to reduce barriers and obtain full access to all legal immigration services available from the U.S. Citizenship and Immigration Services (USCIS).

*The public may submit comments, identified by docket number USCIS-2021-0004, through the Federal eRulemaking Portal. Please follow the instructions for submitting comments. All written comments are requested on or before May 19. Comments submitted in a manner other than the one listed in the Federal Register, including e-mails or letters sent to DHS or USCIS officials, may not be reviewed. *USCIS

 
Please view this USCIS News Release for more details: DHS Seeks Public Input to Identify Barriers that Limit or Prevent Access to Immigration Benefits and Services

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Reminder: This is the Spanish Language Version!

The United States Citizenship and Immigration Services (USCIS) will be holding a Webinar entitled, “Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) for Venezuela”. This Spanish Language Version of the Webinar will be held on Thursday, April 29, 2021 between 3:00 to 4:00 pm (Eastern). This event will include a discussion of TPS and DED for Venezuela, including an explanation of eligibility requirements and filing information. They will also be answering questions submitted in advance and using chat during the webinar.

Note: On March 9, 2021, the Department of Homeland Security published a Federal Register notice (FRN) announcing the designation of Venezuela for TPS for 18 months!

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