OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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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).

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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:

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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:

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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.”

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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 – B-1 Temporary Business Visitor

How long can someone stay in US on a Business Visa (B1/B2)?

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On Tuesday May 11th, USCIS announced that clients with scheduled biometric services appointments can now call the USCIS Contact Center (800-375-5283) to reschedule their biometric services appointment with the USCIS Application Support Center if needed. You must call before your scheduled appointment and show good cause for rescheduling!

Please view this USCIS News Alert for more details: Rescheduling Biometric Services Appointments by Phone

Source of Information:

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USCIS has published a notice in the Federal Register that as of May 11, 2021 they are withdrawing the proposed rule published May 29, 2018. The 2018 Trump Administration change removed the International Entrepreneur Parole Program, this action will restore it!

Background:

Under the International Entrepreneur Rule (IER), DHS may use its parole authority to grant a period of authorized stay, on a case-by-case basis, to foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through their business venture and that they merit a favorable exercise of discretion.

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The Administrative Appeals Office (AAO) provides an updated ‘processing times’ in table form, with information on FY2021 second quarterly completions; January 2021 to March 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 4/13/21. 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.

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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, May 14, 2021. Act now and submit your questions!

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The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Field Service Engineer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. One of the issues present was the fact that the main worksite address on the ETA Form 9089 was the same as the alien’s address. In its Audit response, the Employer provided its recruitment documentation and explained that the position allows its “Field Service Engineer to work from home and to travel to client sites as needed.”

Once the Employer responded, the CO denied certification. The CO indicated the position communicated in its recruitment efforts did not offer the condition to work from home to US workers. This was a violation of PERM Regulation 20 CFR 656.17(f)(7). This regulation requires that an advertisement “must not contain wages or terms and conditions of employment that are less favorable than those offered to the alien.”

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