OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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

I’ve read conflicting information on the internet; can you please clarify for me who is responsible for scheduling the Green Card Interview, my spouse or the Consulate itself?

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; Nebraska, Nevada and New Hampshire!

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 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:

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!

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).

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:

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:

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 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)?

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