H1B Visa Lawyer Blog

April 2, 2021

MVP “Immigration Q & A Forum” – April 2, 2021

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 – H-1B Nonimmigrant Visa

Can I get a Social Security card if I am working in the US on H-1B status?

April 1, 2021

FY 2022 H-1B Initial Electronic Registration Selection Process Completed

by Kellie N. Lego

USCIS announced on Wednesday, March 30^th that they have received enough of the FY 2022 H-1B initial electronic registrations to fulfil the numbers needed to reach the H-1B cap. This initial electronic registration also includes the advanced degree exemption (master’s cap). Registrants’ online accounts will now show one of the following statuses for each registration: Submitted, Selected, Denied, or Invalidated-Failed Payment.

Please visit this USCIS News Alert for more detailed information: FY 2022 H-1B Cap Season Updates: H-1B Initial Electronic Registration Selection Process Completed

Remember, FY 2022 H-1B Cap Petitions filing starts April 1^st!

March 29, 2021

MVP “Immigration Q & A Forum” – This Friday, April 2, 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, April 2, 2021. Act now and submit your questions!

March 26, 2021

USCIS Extends Flexibility for Responding to Agency Requests – Update 3/24/21

by Kellie N. Lego

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

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

March 25, 2021

Key Takeaways from AILA DOS Liaison Committee Meeting with the National Visa Center (February 2021)

by Kellie N. Lego

Key Takeaways from AILA DOS Liaison Committee Meeting with the National Visa Center (February 2021)

Background – After the USCIS approves an Immigrant visa petition for applicants located outside of the United States, the case is sent to the National Visa Center (NVC) for processing. Family preference cases and employment-based immigration categories have numerical limits each year, so waiting times are normally long. If your priority date is current, NVC will begin Consular Processing. If your priority date is not current, you must wait for it to become current before NVC will contact you to initiate Consular processing.

AILA’s DOS Liaison Committee has provided their key takeaways from a February 2021 meeting with the NVC. They discussed problems and delays at the NVC which have been mostly caused by the COVID-19 pandemic.

March 24, 2021

USCIS Visitor Policy for USCIS Facilities

by Kellie N. Lego

Even with many states easing their COVID-19 restrictions, the USCIS would like to remind visitors that their visitor policy for all their facilities has not changed! They would like you to review their, “USCIS Visitor Policy” first before your visit. They remind all visitors ages 2 and above must still wear a mask within the facilities.

For complete details, please review USCIS News Alert, “Update on USCIS Visitor Policy“

Source of Information:

March 23, 2021

Temporary Protected Status (TPS) authorized for Syria!

by Kellie N. Lego

On Thursday, March 18, 2021, the Department of Homeland Security announced that they were extending and re-designating Temporary Protected Status (TPS) for the country of Syria for 18 months, from March 31, 2021 until September 30, 2022. This designation of TPS is based upon ongoing armed conflict and extraordinary conditions in Syria making return un-safe.

For further details please review the USCIS News Release, “Registration period opens for Temporary Protected Status (TPS) for Syria“.

Background:

March 22, 2021

BALCA Reverses CO’s Denial, Discusses Recruitment for “Roving” Positions

by Kellie N. Lego

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 “Senior Systems Analyst.”

Upon evaluating an Employer’s Application for Permanent Labor Certification, the CO denied the Labor Application because he believed it violated PERM regulation 20 CFR 656.17(f)(4). The CO denied certification because “the newspaper advertisement failed to list the correct geographical area of employment with enough specificity to apprise applicants of any travel requirements.” He pointed out the physical area of employment contained in the employer’s job ad in the San Francisco Chronicle as well as hotjobs.yahoo.com does not match the one listed on the ETA Form. The ad lists San Francisco, while Fremont is recorded on the ETA Form. The CO stated these two cities are located in different “Metropolitan Statistical Areas” (MSA).

The Employer filed an appeal to BALCA. They declared that the CO made an error in thinking Fremont and San Francisco were in different MSA’s. The Employer argued that the “advertisements complied with PERM requirements and DOL guidelines for roaming positions.” As evidence, the Employer requested BALCA to take administrative notice of a printout from the Census Bureau’s website which lists the MSA’s, among other evidence. In addition, they wanted the Board to review a “County to County” commuting chart from the San Francisco Bay area. The Employer explained that Fremont is the company’s headquarters but the locations of the job are yet unknown.

March 19, 2021

MVP “Immigration Q & A Forum” – March 19, 2021

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 – Marriage-Based Green Card

Can I apply for a spousal visa, if I am getting married to a green card holder & am currently in H-1B visa status?

March 17, 2021

Visa Bulletin – April 2021

by Kellie N. Lego

The Department of State has released its latest Visa Bulletin.

Click the link to view the April 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).