The Trump administration announced additional immigration reforms on Tuesday, October 6th, making it more difficult for skilled foreign workers to acquire visas, specifically, the H-1b visa. The rule will take effect in 60 days and was done without a public comment period! It was done as an interim final rule (IFR), in order to speed up the process.
Changes made by the new rules:
MVP “Immigration Q & A Forum” – October 9, 2020
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
The Trump administration announced additional immigration reforms on Tuesday, October 6th, making it more difficult for skilled foreign workers to acquire visas, specifically, the H-1b visa. The rule will take effect in 60 days and was done without a public comment period! It was done as an interim final rule (IFR), in order to speed up the process.
Changes made by the new rules:
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, October 9, 2020. Act now and submit your questions!
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.
The H-2B cap limit for first half of FY 2021 (October 1 – March 31) is 33,000. As of the last count (10/1/20); 16,791 beneficiaries have been approved and 1,721 are pending for a total of 18,512.
The H-2B cap limit for second half of FY 2021 (April 1 – September 30) is 33,000. As of the last count (10/1/20); 0 beneficiaries have been approved and 0 are pending for a total of 0.
A federal judge has granted a motion for preliminary injunction against changes, mostly large increases in USCIS fees that was scheduled to take effect on Friday, October 2nd. This preliminary injunction is Nationwide and the USCIS cannot raise fees, until this injunction is removed!
Please visit the Forbes news article for more detailed information: Judge Blocks USCIS Fee Increases: Here’s Why It Happened
The Department of State has released its latest Visa Bulletin.
Click the link to view the October 2020 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).
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 – Child Status Protection Act (CSPA)
What is the Child Status Protection Act?
USCIS announced on Friday, September 18th, that they have updated the policy guidance concerning residency requirements under section 320 of the Immigration and Nationality Act (INA)! These changes were made to comply with the newly enacted Citizenship for Children of Military Members and Civil Servants Act.
*Under the new law, a child born outside of the United States acquires automatic citizenship under INA 320, even if the child is residing outside the United States, in cases where the child is a lawful permanent resident (LPR) and is in the legal and physical custody of his or her U.S. citizen parent who is:
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.
The H-2B cap limit for first half of FY 2021 (October 1 – March 31) is 33,000. As of the last count (9/14/20); 10,424 beneficiaries have been approved and 3,418 are pending for a total of 13,842.
The H-2B cap limit for second half of FY 2021 (April 1 – September 30) is 33,000. As of the last count (9/14/20); 0 beneficiaries have been approved and 0 are pending for a total of 0.
H1B Visa Lawyer Blog