H1B Visa Lawyer BlogThe Department of State has released its latest Visa Bulletin.
Click the link to view the June 2021 Visa Bulletin
Update: USCIS Adjustment of Status Filing Dates for June 2021 (AILA Doc. No. 21052036)
DHS and DOL Issue Joint Rule Supplementing H-2B Visa Cap for FY 2021
The U.S. Departments of Homeland Security (DHS) and the U.S. Department of Labor (DOL) have issued a Joint Rule supplementing H-2B Visa Cap by 22,000. This will affect H-2B temporary nonagricultural guest worker visas for fiscal year (FY) 2021! They are trying to help employers who are likely to suffer irreparable harm without these additional workers during this period. The supplemental H-2B visa allocation will consist of 16,000 visas available only to returning H-2B workers from one of the last three fiscal years, FY 2018 through FY 2020, and 6,000 visas for Northern Triangle countries of Honduras, El Salvador, and Guatemala.
Please view this USCIS News Release for more details: U.S. Departments of Homeland Security and Labor Issue Joint Rule Supplementing H-2B Visa Cap
Source of Information:
MVP “Immigration Q & A Forum” – This Friday, May 28, 2021
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 28, 2021. Act now and submit your questions!
Visa Bulletin – June 2021
The Department of State has released its latest Visa Bulletin.
Click the link to view the June 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).
DHS Issues Final Rule to Remove Vacated H-1B Rule!
The Department of Homeland Security (DHS) will issue a final rule on Wednesday, May 19th, that will remove the interim final rule (IFR) issued on October 8, 2020, Strengthening the H-1B Nonimmigrant Visa Classification Program which was put in place by the Trump Administration. On December 1, 2020, the U.S. District Court for the Northern District of California vacated that IFR. This new final rule restores the regulatory text as it appeared before the October 8, 2020 IFR.
Please view this USCIS News Alert for more details: DHS Issues Final Rule to Remove Vacated H-1B Rule from Code of Federal Regulations
Source of Information:
President Biden meeting with DACA Recipients to highlight Immigration Reform
On Friday, May 14th, President Biden with six Deferred Action for Childhood Arrivals (DACA) recipients to discuss the future of DACA and the protections that it offers. There are two DACA bills before Congress currently. President Biden told them that immigration reform remains a legislative priority.
ABC News – YouTube Video – President Biden invites 6 DACA recipients to White House
Source of Information:
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.”
MVP “Immigration Q & A Forum” – May 14, 2021
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)?
Rescheduling Biometric Services Appointments by Phone
On Tuesday May 11th, 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:
USICS Withdrawal of Proposed Rule on Removal of Entrepreneur Parole Program
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.