OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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Biden Administration is withdrawing the USCIS Final Rule Strengthening H-1B Nonimmigrant Visa Classification Program!

Last week, the new White House Chief of Staff, Ronald Klain issued a memorandum to the heads of executive departments and agencies within the Federal Government and directs them to freeze any pending regulatory changes until reviewed. This Regulatory Freeze calls for 1) all rules pending at the Federal Register that have not been published must be immediately withdrawn and 2) agencies must “consider” postponing the effective dates for regulations that have been published, but not yet taken effect, for 60 days from the memo’s date. As a result, the USCIS Final Rule Strengthening H-1B Nonimmigrant Visa Classification Program will be withdrawn along with others. As we find out more on this subject, we will post it!

 

Whitehouse.gov, 1/20/21, Briefing Room Memorandum: Regulatory Freeze Pending Review

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We are interested in all the changes that the new Biden Administration is making but here we have listed the Immigration changes that effect our clients.

Immigration* – Executive Orders or Actions made on January 20th, by President Biden:

Defend “Dreamers” program for undocumented young Americans. Mr. Biden, in this executive order, calls on Congress to grant permanent status and a path to citizenship to Dreamers — almost a million undocumented young people who were brought to the country as children and shielded from deportation by President Obama. The Trump administration challenged the law, but the Supreme Court upheld it.

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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 – H-1B Nonimmigrant Visa

What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for a visa?

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The Inauguration of the 46th President of the United States! On Wednesday, January 20, 2021, the United States of America will swear in Joseph Robinette Biden Jr. as the 46th President! The inauguration of Joe Biden will begin at noon and will mark the beginning of the four-year term of Joe Biden as President and Kamala Devi Harris as Vice President. The inauguration will start at 11 am eastern time. All major news networks will broadcast the event live on television with many sources streaming the event on the internet!

 

Biden’s Inaugural Committee will livestream the event on YouTube at the link provided here. They provide many scheduling and event details for the inauguration which is mostly virtual!

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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, January 22, 2021. Act now and submit your questions!

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The Department of Homeland Security (DHS) announced that they have published a notice in the Federal Register listing the countries that are eligible for the H-2A and H-2B temporary immigration programs for 2021!

For 2021, DHS working with the Department of State (DOS) have agreed to:

  • Add the Philippines to the list of countries eligible to participate in the H-2B program;
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Days after President Trump made the unusual move of removing Acting Secretary of DHS, Chad F. Wolf’s nomination from the U.S. Senate, he has resigned! Acting Secretary Wolf made his resignation effective the end of the day, Monday, January 11, 2021. He has been Acting Secretary of DHS since November 13, 2019 and was appointed by President Trump.

For complete details, please review this copy of Wolf’s Letter, “Acting Homeland Security Secretary Chad Wolf’s resignation letter”.

Source of Information:

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AAO Processing Times – FY 2020 4th Quarter

The Administrative Appeals Office (AAO) provides an updated ‘processing times’ in table form, with information on FY2020 third quarterly completions; July 2020 to September 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 10/5/20. If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

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USCIS announced that they have published the final rule in the Federal Register, implicating the Trump Administration’s modifications to the H-1B Visa Program! These changes will affect H-1B cap selection process, amend current lottery procedures, and prioritize (increase) wages!

Joseph Edlow, USCIS Deputy Director for Policy stated, “The current H-1B random selection process makes it difficult for businesses to plan their hiring, fails to leverage the program to compete for the best and brightest international workforce, and has predominately resulted in the annual influx of foreign labor placed in low-wage positions at the expense of U.S. workers.”

For complete details, please review USCIS News Release, “USCIS Modifies H-1B Selection Process to Prioritize Wages”.

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On January 3rd, President Trump sent a nomination withdrawal to the Senate for Acting Secretary of Homeland Security, Chad F. Wolf. Wolf has been Acting Secretary of DHS since November 13, 2019 and was appointed by President Trump.

Source of Information:

Whitehouse (Whitehouse.gov), 1/7/21, NOMINATIONS & APPOINTMENTS:

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