OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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As of May 17th, USCIS will suspend biometrics requirements for certain Form I-539 applicants. This suspension will apply to certain H-4, L-2, E-1, E-2, and E-3 categories. This change was caused by a declaration submitted to the U.S. District Court for the Western District of Washington for the case Edkunni v. Mayorkas. Edkunni is an active class-action lawsuit filed by AILA and Wasden Banias, LLP!

The case is Edakunni v. Mayorkas, U.S. District Court for the Western District of Washington, No. 2:21-cv-393.

Please view this Reuters News Article for more details: USCIS will suspend Trump-era biometric screening rule for work-permit applicants

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On Wednesday, April 26th, President Biden addressed a joint session of Congress for the first time, marking the first 100 days in office. He listed his achievements, such as his administration’s Covid Vaccination Program. He also talked about many of his goals for the future of our country, including immigration!

Below is an excerpt from President Biden’s speech that deals with Immigration:

“Immigration has always been essential to America. Let’s end our exhausting war over immigration.

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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 – J-1 Visa (Exchange Visitors)

My niece has a J-1 visa and some things have occurred and now the sponsor wants to cancel her visa. My question is what is the time period that she has to leave the country without incurring any unlawful presence?

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The Department of Homeland Security (DHS) has published a Request for Public Input in the Federal Register, “Identifying Barriers Across U.S. Citizenship and Immigration Services (USCIS) Benefits and Services; Request for Public Input”. This notice is looking for comments from the public on how to reduce barriers and obtain full access to all legal immigration services available from the U.S. Citizenship and Immigration Services (USCIS).

*The public may submit comments, identified by docket number USCIS-2021-0004, through the Federal eRulemaking Portal. Please follow the instructions for submitting comments. All written comments are requested on or before May 19. Comments submitted in a manner other than the one listed in the Federal Register, including e-mails or letters sent to DHS or USCIS officials, may not be reviewed. *USCIS

 
Please view this USCIS News Release for more details: DHS Seeks Public Input to Identify Barriers that Limit or Prevent Access to Immigration Benefits and Services

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Reminder: This is the Spanish Language Version!

The United States Citizenship and Immigration Services (USCIS) will be holding a Webinar entitled, “Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) for Venezuela”. This Spanish Language Version of the Webinar will be held on Thursday, April 29, 2021 between 3:00 to 4:00 pm (Eastern). This event will include a discussion of TPS and DED for Venezuela, including an explanation of eligibility requirements and filing information. They will also be answering questions submitted in advance and using chat during the webinar.

Note: On March 9, 2021, the Department of Homeland Security published a Federal Register notice (FRN) announcing the designation of Venezuela for TPS for 18 months!

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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, April 30, 2021. Act now and submit your questions!

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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 “Computer SW Engineers, Applications.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. He requested the Employer provide its recruitment documentation and a copy of its Prevailing Wage Determination (PWD). The Employer responded and the CO denied certification on two grounds. First, the wage offered in the Notice of Filing and job order was lower than the PWD. The Employer offered $59,467 and the PWD was $59.467.20. In addition, the CO stated the Employer failed to make available copies of employer notices on its employee referral program with incentives.

The Employer sent a reconsideration request to the CO arguing the 0.0003% discrepancy should not cause their labor application to be denied. They indicated their use of “the Department of Foreign Labor’s Foreign Labor Certification (FLC) Data Center Online Wage Library to determine the appropriate annual wage.” The Employer also stated that it had provided a flier of its Employee Referral Program as well as data in its Recruitment Report about the program. Despite the Employer’s claims, the CO delivered a second denial and forwarded the case to BALCA for assessment.

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The Biden Administration has proposed adding up to 100 new immigration judges to their Immigration Courts. This part of the overall national budget proposal would allocate millions more in funding to help clear up the immigration legal backlogs, which include hearings and asylum requests.

Please view this Nevada Current News Article for more details: Up to 100 new immigration judges would be added under budget request

Source of Information:

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The Department of State has released its latest Visa Bulletin.

Click the link to view the May 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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