H1B Visa Lawyer Blog

March 16, 2021

FY 2022 H-1B Cap Initial Registration Period is Open

On Friday, February 5^th, USCIS announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open Tuesday, March 9, 2021 at noon (Eastern) on March 9 and will stay open until Thursday, March 25, 2021 at noon (Eastern). This is the period that prospective petitioners and representatives will be able to fill out information and complete registration for petitioners.

*Prospective H-1B cap-subject petitioners or their representatives are required to use a myUSCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. *USCIS

For complete details, please review USCIS News Alert, “FY 2022 H-1B Cap Initial Registration Period Opens on March 9”.

March 15, 2021

MVP “Immigration Q & A Forum” – This Friday, March 19, 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, March 19, 2021. Act now and submit your questions!

March 12, 2021

BALCA on Calculating 180-Day Period for Filing under 20 CFR §656.17(e)

by Kellie N. Lego

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 “Operating Engineer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification of the application because the Employer had placed their State Workforce Agency (SWA) job order more than 180 days prior to the filing of their ETA Form 9089.

The Employer sent a reconsideration request to the CO arguing that “the 180 day period should be calculated based on the end date of the SWA, rather than the date it commenced.” To interpret the regulations otherwise would penalize employers who wanted to run their SWA’s for longer than 180 days. The CO did reconsider but afterwards, he confirmed the denial. Not happy with the outcome, the Employer appealed the decision to BALCA and restated its argument.

March 11, 2021

Temporary Protected Status (TPS) authorized for Venezuela

by Kellie N. Lego

On Monday, March 8, 2021, Secretary of Homeland Security, Alejandro Mayorkas announced that he has designating Temporary Protected Status (TPS) for the country of Venezuela for 18 months, from now until September 2022. *This new designation of TPS for Venezuela enables Venezuelan nationals (and individuals without nationality who last resided in Venezuela) currently residing in the United States to file initial applications for TPS, so long as they meet eligibility requirements. *USCIS

For further details please review the USCIS News Release, “Secretary Mayorkas Designates Venezuela for Temporary Protected Status for 18 Months“.

Background:

March 10, 2021

FY 2022 H-1B Cap Initial Registration Period is Now Open

by Kellie N. Lego

On Friday, February 5^th, USCIS announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open Tuesday, March 9, 2021 at noon (Eastern) on March 9 and will stay open until Thursday, March 25, 2021 at noon (Eastern). This is the period that prospective petitioners and representatives will be able to fill out information and complete registration for petitioners.

*Prospective H-1B cap-subject petitioners or their representatives are required to use a myUSCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. *USCIS

For complete details, please review USCIS News Alert, “FY 2022 H-1B Cap Initial Registration Period Opens on March 9”.

March 9, 2021

Highlights of the U.S. Citizenship Act of 2021

by Kellie N. Lego

The Biden Administration and the Congressional Democrats have created a new immigration reform bill, “U.S. Citizenship Act of 2021.” Senator Menendez (D, NJ) has introduced the bill to the Senate and Representative Sánchez (D, CA) has introduced an identical bill the House.

Here are just some of the highlights of the upcoming legislation:

Establish an “earned path to citizenship” for “eligible entrants” (and their spouses and children) that provides for an initial period of authorized admission as a “lawful prospective immigrant,” valid for six years and extendable. Qualifying individuals would also receive a work permit and travel authorization. A lawful prospective immigrant could become eligible for permanent residence after at least five years of prospective status. Prospective applicants would need to have been in the United States before 2021.

March 5, 2021

MVP “Immigration Q & A Forum” – March 5, 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 – H-1B Nonimmigrant Visa

In a few months, I will be starting work in the US with an H-1Visa. Does my spouse need to accompany me to the US right away? She wanted to stay in our home country for a few months. My wife has an approved H-4 Visa.

March 4, 2021

Reminder – FY 2022 H-1B Cap Initial Registration Period Opens on March 9

by Kellie N. Lego

On Friday, February 5^th, USCIS announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open Tuesday, March 9, 2021 at noon (Eastern) on March 9 and will stay open until Thursday, March 25, 2021 at noon (Eastern). This is the period that prospective petitioners and representatives will be able to fill out information and complete registration for petitioners.

*Prospective H-1B cap-subject petitioners or their representatives are required to use a myUSCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. *USCIS

For complete details, please review USCIS News Alert, “FY 2022 H-1B Cap Initial Registration Period Opens on March 9”.

March 3, 2021

USCIS Provides FAQs on the H-1B Electronic Registration Process

by Kellie N. Lego

On February 26^th, USCIS updated its FAQs on H-1B Electronic Registration Process for the Fiscal Year (FY) 2022 H-1B cap filing season. The H-1B cap registration period will start on Tuesday, March 9^th at 12:00pm (noon) (ET) and go through Thursday, March 25^th at 12:00pm (noon) (ET).

Here is an excerpt from the updated FAQs, I have included the first two questions and answers from the web page:

H-1B Electronic Registration Process

March 1, 2021

MVP “Immigration Q & A Forum” – This Friday, March 5, 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, March 5, 2021. Act now and submit your questions!