H1B Visa Lawyer Blog

October 6, 2021

H-2B Cap Count UPDATE – 9/23/21

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.

September 27, 2021

MVP “Immigration Q & A Forum” – This Friday, Oct. 1, 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 1, 2021. Act now and submit your questions!

September 24, 2021

USCIS to Welcomed 21,000 New Citizens to Celebration of Constitution Day and Citizenship Day

by Kellie N. Lego

On Friday, September 17, 2021, the U.S. Citizenship and Immigration Services (USCIS) celebrated the 234^th Constitution and Citizenship Day by welcoming over 21,000 new citizens in 335 naturalization ceremonies across this wonderful country.

USCIS Director, Ur M. Jaddou stated, “Citizenship Day and Constitution Day are special days at USCIS – an agency where many people come to work every day to help those at home and abroad realize the full meaning of U.S. citizenship. As we take time to reflect on what citizenship means to each of us, let us share in the commitment to invest fully in this country’s promise to be a place of hope and possibilities for all.”

Please view this USCIS News Release for more details: USCIS to Welcome 21,000 New Citizens in Celebration of Constitution Day and Citizenship Day

September 23, 2021

Characteristics of People Who became Naturalized Citizens Between FY 2015 and FY 2019

by Kellie N. Lego

Nearly 760,000 individuals became naturalized citizens every year between the FY 2015 and FY 2019 period! The total was over 3.7 million new naturalized citizens during that period. The linked fact sheet below summarizes the data from U.S. Citizenship and Immigration Services (USCIS) naturalization records to provide information on the demographic characteristics of these new citizens.

Link to PDF of Full Report: Characteristics of People Who Naturalized Between FY 2015 and FY 2019

Source of Information: