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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:

  • Narrow the definition of “specialty occupation” by redefining and updating regulations

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.”

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

Link to: Nationwide Preliminary Injunction (PDF)

The American Immigration Council (AIC) has released all fifty states and the District of Columbia, for a total of fifty-one updated state-by-state fact sheets highlighting immigration data and facts. These fact sheets highlight the demographic and economic impact of Immigrants in each state.

With national immigration policy being discussed, we thought that it would be a good time to provide some statistics on the Immigrant population in the United States as provided by this AIC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Connecticut, Delaware and District of Columbia (D.C.)!

The AIC has compiled research which shows that Immigrants are an essential part of each of these states’ economy, labor force and tax base. As our economy continues to grow, Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. As United States economic continues to grow, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

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:

  • Stationed and residing outside of the United States as a member of the U.S. armed forces;
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