H1B Visa Lawyer Blog

February 10, 2021

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

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”.

February 9, 2021

DHS Delays Effective Date of H-1B Selection Final Rule

by Kellie N. Lego

The Department of Homeland Security (DHS) Delays Effective Date of H-1B Selection Final Rule! The U.S. Citizenship and Immigration Services (USCIS) announced on January 7^th the H-1B Selection final rule, “USCIS Modifies H-1B Selection Process to Prioritize Wages“. This rule change amends the regulations governing the process by which USCIS selects H-1B registrations for filing the H-1B cap-subject petitions. To give the USCIS more time to review and prepare for the changes, DHS has delayed the effective date of this final rule from March 9, 2021 to December 31, 2021. For the upcoming H-1B cap season, USCIS will apply the current regulations of random selection for this registration period which will take place before effective date of Dec. 31, 2021.

Source of Information:

USCIS (USCIS.gov), 2/4/21, News Alert:

February 8, 2021

AAO Processing Times – FY 2021 1st Quarter

by Kellie N. Lego

The Administrative Appeals Office (AAO) provides an updated ‘processing times’ in table form, with information on FY2021 first quarterly completions; October 2020 to December 2020. 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 1/12/21. 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.

February 5, 2021

MVP “Immigration Q & A Forum” – February 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

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

February 3, 2021

USCIS Extends Flexibility for Responding to Agency Requests – Update 1/28/21

by Kellie N. Lego

USCIS announced on Thursday, February 28th, 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);

February 2, 2021

BALCA Upholds Denial in Case Involving “On the Job” Experience

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 “Electronics Engineer.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification requesting evidence of the employee’s work experience. The Employer sent back its recruitment documentation as well as the worker’s educational information, among other documents.

Upon review of the Audit response, the CO denied the Labor Certification. The CO believed the applicant’s credentials did not match the position’s minimum job requirements recorded on the Labor application. He stated the worker did not have a Master’s degree or 60 months experience at the time of his hire and only received his Master’s degree after he started working for the company. Overall, the CO declared “the Employer’s job requirements listed on Form 9089 did not represent the Employer’s actual minimum requirements.”

February 1, 2021

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

January 29, 2021

US Judge Blocks Biden Deportation Freeze

by Kellie N. Lego

A federal judge in Texas has temporarily blocked the new Biden administration’s 100-day moratorium on deportations! Texas Attorney General, Ken Paxton sued the Biden administration last week. He is arguing that the moratorium violated federal law and an agreement he signed with the Trump administration. U.S. District Judge Drew Tipton, a Trump appointee in the Southern District of Texas, issued a temporary restraining order that blocks the policy nationwide for 14 days. The administration has appealed the ruling!

For complete details, please review Reuters News Article, “US Judge Blocks Deportation Freeze in Swift Setback for Biden”.

Source of Information:

January 28, 2021

Visa Bulletin – February 2021

by Kellie N. Lego

The Department of State has released its latest Visa Bulletin.

Click the link to view the February 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).

January 27, 2021

First 100 Days of the Biden Admin Immigration Actions – AILA Up-to-Date Video Review

by Kellie N. Lego

The American Immigration Lawyers Association (AILA) has released a video summary of the new Biden Administration’s first 100 days of actions! This video clip is from the AILA University Video Roundtable “Biden Administration Immigration Action Roundtable Series” and was recorded on January 22, 2021. This is a recorded video of a live meeting updating and discussing President Biden’s Executive Actions and Orders taken up to this date.

Video – Biden’s First 100 days – ALIA Up-to-Date Video Review – 1/22/21

Source of Information: