OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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On Wednesday, June 23rd, U.S. Citizenship and Immigration Services (USCIS) announced they will allow resubmit of fiscal year (FY) 2021 H-1B cap-subject petitions that were rejected or administratively closed because of a requested start date after Oct. 1, 2020.

*If your FY 2021 petition was rejected or administratively closed solely because your petition was based on a registration submitted during the initial registration period, but you requested a start date after Oct. 1, 2020, you may re-submit that previously filed petition, with all applicable fees, at the address below. Such petitions must be resubmitted before Oct. 1, 2021. If properly resubmitted, we will consider the petition to have been filed on the original receipt date. *USCIS

Please view this USCIS News Alert for more details: USCIS Will Allow Resubmission of Certain FY 2021 H-1B Petitions Rejected or Closed Due to Start Date

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USCIS announced on Thursday, June 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);
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The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Software Engineer.”

After obtaining & examining an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification ordering the Employer to submit its Prevailing Wage Determination (PWD) and other requested documentation. The Employer replied to the Audit by providing the PWD as well as the other documents.

The CO denied the labor certification stating the prevailing wage on the ETA form 9089 did not match the one listed on the PWD. He cited a violation of PERM Regulations 656.10(c) (1), 656.40 AND 656.41. In addition, the Employer’s Notice of Filing did not contain the job requirements or duties as listed on the ETA Form 9089. The Employer requested a reconsideration of the denial stating the prevailing wage inconsistency was an unintentional harmless error. The Employer also believed all of its audit response materials were compliant with PERM regulations.

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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 have 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?

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USCIS has launched a web-based “H-2B Employer Data Hub”! This web page allows you to select different H-2B Visa data points, such as cap fiscal year (back to FY 2015), and many others to search areas related to H-2B. They stated that the data hub is part of their efforts to increase transparency to the public and users.

Please view this USCIS News Alert for more details: USCIS Launches H-2B Employer Data Hub

USCIS Webpage: H-2B Employer Data Hub

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Last Wednesday, June 16, 2021, Acting Director for U.S. Citizenship and Immigration Services, Tracy Renaud released a statement on the celebration of June as Immigrant Heritage Month! This Heritage Month honors contributions made by immigrants in communities across the United States.

 
This is that last paragraph of her official statement below:

“Diversity is part of what makes America strong and what makes USCIS so important. The work we do each day has a direct impact on individuals and families who hope to call America home. Celebrating Immigrant Heritage Month is a celebration of America since we are, after all, a nation of immigrants.”

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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, June 25, 2021. Act now and submit your questions!

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The Department of State has released its latest Visa Bulletin.

Click the link to view the July 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).

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On Monday, June 14th, the USCIS Vermont Service Center changed their receiving addresses because of a location change. The address changes are listed on New Alert below, this will affect Premium Processing Mail, H-1B Cap Mail and all other mail addresses to this service center location!

Please view this USCIS News Alert for more details and the new addresses:

Vermont Service Center Address Change

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