H1B Visa Lawyer Blog

October 14, 2021

USCIS Reaches H-2B Cap for First Half of FY 2022

USCIS Reaches H-2B Cap for First Half of FY 2022

On Wednesday, October 12, 2021, USCIS announced that it has reached the H-2B cap for the first half of fiscal year 2022. September 30, 2021 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before April 1, 2022. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of H-2B workers for the first half FY2022. USCIS continues to accept petitions that are exempt from the congressionally mandated H-2B cap.

The exceptions are listed below:

October 12, 2021

USCIS Extends Flexibility for Responding to Agency Requests – Update 9/24/21

by Kellie N. Lego

USCIS announced on Friday, September 24th, that they were extending the flexibilities that they originally announced on March 30, 2020. These flexibilities are for responding to certain requests from the USCIS, some are listed below:

Requests for Evidence;
Continuations to Request Evidence (N-14);

October 11, 2021

MVP “Immigration Q & A Forum” – This Friday, Oct. 15, 2021

by Kellie N. Lego

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 15, 2021. Act now and submit your questions!

October 8, 2021

Immigrants Keep Winning Nobel Prizes

by Kellie N. Lego

Three out of four Nobel Prizes awarded this year to the United States for physics, medicine and chemistry were immigrants! “Immigrants have been awarded 38%, or 40 of 104, of the Nobel Prizes won by Americans in chemistry, medicine and physics since 2000,” according to the National Foundation for American Policy (NFAP) research. Their new research shows immigrants are playing a remarkable role in scientific achievement in America.

Please review this Forbes News Article for more details: Immigrants Keep Winning Nobel Prizes

Source of Information:

October 6, 2021

H-2B Cap Count UPDATE – 9/23/21

by Kellie N. Lego

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 2022 (October 1 – March 31) is 33,000. As of the last count (9/23/21); 25,546 beneficiaries have been approved and 5,245 are pending for a total of 30,791.

The H-2B cap limit for second half of FY 2022 (April 1 – September 30) is 33,000. As of the last count (9/23/21); 0 beneficiaries have been approved and 0 are pending for a total of 0.

October 5, 2021

Reminder – USCIS Extends Flexibility for Responding to Agency Requests – Update 9/24/21

by Kellie N. Lego

USCIS announced on Friday, September 24th, that they were extending the flexibilities that they originally announced on March 30, 2020. These flexibilities are for responding to certain requests from the USCIS, some are listed below:

Requests for Evidence;
Continuations to Request Evidence (N-14);

October 4, 2021

What Happens If the Government Shuts Down – Updated!

by Kellie N. Lego

During a General Federal Government Shutdown the government closes for budgetary reasons, all but “essential” personnel are furloughed! The following information is an overview of how the U.S. Government immigration-related agencies have operated during shutdown periods in the past.

UPDATE: Biden signs bill to avert partial government shutdown – AP News (apnews.com) 9/30/21

General Shutdown Information – U.S. Government immigration-related agencies:

October 1, 2021

MVP “Immigration Q & A Forum” – 10/1/21

by Kellie N. Lego

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?

September 30, 2021

AAO Processing Times – FY 2021 3rd Quarter

by Kellie N. Lego

The Administrative Appeals Office (AAO) provides an updated ‘processing times’ in table form, with information on FY2021 third quarterly completions; April 2021 to June 2021. 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 7/2/21. If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

Note: Starting with the January 2017 Administrative Appeals Office (AAO) Processing Times Report, the AAO has changed how it presents processing time data. The AAO will now provide, by form type, the total number of case completions for the fiscal year quarter and the percentage completed within 180 days, cases completed divided by their projected case goal.

September 28, 2021

Immigrants in each State (fact sheets): RI, SC and SD (Update 8-6-20)

by Kellie N. Lego

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; Rhode Island, South Carolina and South Dakota!

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.