OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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Days after President Trump made the unusual move of removing Acting Secretary of DHS, Chad F. Wolf’s nomination from the U.S. Senate, he has resigned! Acting Secretary Wolf made his resignation effective the end of the day, Monday, January 11, 2021. He has been Acting Secretary of DHS since November 13, 2019 and was appointed by President Trump.

For complete details, please review this copy of Wolf’s Letter, “Acting Homeland Security Secretary Chad Wolf’s resignation letter”.

Source of Information:

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AAO Processing Times – FY 2020 4th Quarter

The Administrative Appeals Office (AAO) provides an updated ‘processing times’ in table form, with information on FY2020 third quarterly completions; July 2020 to September 2020. 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 10/5/20. If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

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USCIS announced that they have published the final rule in the Federal Register, implicating the Trump Administration’s modifications to the H-1B Visa Program! These changes will affect H-1B cap selection process, amend current lottery procedures, and prioritize (increase) wages!

Joseph Edlow, USCIS Deputy Director for Policy stated, “The current H-1B random selection process makes it difficult for businesses to plan their hiring, fails to leverage the program to compete for the best and brightest international workforce, and has predominately resulted in the annual influx of foreign labor placed in low-wage positions at the expense of U.S. workers.”

For complete details, please review USCIS News Release, “USCIS Modifies H-1B Selection Process to Prioritize Wages”.

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On January 3rd, President Trump sent a nomination withdrawal to the Senate for Acting Secretary of Homeland Security, Chad F. Wolf. Wolf has been Acting Secretary of DHS since November 13, 2019 and was appointed by President Trump.

Source of Information:

Whitehouse (Whitehouse.gov), 1/7/21, NOMINATIONS & APPOINTMENTS:

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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 – Family Based Immigration

Do I need to change my I-130 petition if I filed for my relative as a LPR, but now I have become a US Citizen?

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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 “Travel Agent.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. It required the Employer to present the notice of filing documentation. The Employer sent back a copy of the Notice of Filing (NOF).

The CO denied the application for multiple reasons. He stated that the employer did not name the location of where the NOF was posted, as a result, they violated PERM regulation 20 C.F.R. 656.10 (d) (1) (ii). This regulation requires that “the NOF must be posted at employer’s facility or location in two conspicuous places where the employer’s US workers can readily read the posted notice on their way to or from their place of employment.” The regulations also provide that “the documentation requirement may be satisfied by providing a copy of the posted notice and stating where it was posted.”

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The Trump Administration announced that it will terminate both the Haitian Family Reunification Parole and Filipino World War II Veterans Parole Programs! They published a notice in the Federal Register on December 28th, and USCIS will accept public comments for 60 days. USCIS stated in their news release that, “These changes will terminate the HFRP and FWVP programs when those form instruction changes are finalized.”

*Note: Parole is a mechanism that allows aliens to temporarily enter or remain in the United States, including those who are otherwise inadmissible. *USCIS

For further details please review the USCIS News Release, “Haitian Family Reunification Parole and Filipino World War II Veterans Parole Programs to be Terminated”

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The Department of State has released its latest Visa Bulletin.

Click the link to view the January 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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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, January 8, 2021. Act now and submit your questions!

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This blog entry was originally posted on 1/25/19. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Holidays!

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 – H1B Nonimmigrant Visa

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