If the application is denied or revoked, the employer is advised that there is a period of time within which the decision may be appealed to the Board of Alien Labor Certification Appeals BALCA: They helped increase the efficiency of utilization both of the H-1B status for temporary skilled workers i.
February Learn how and when to remove this C21 memo message In summary, the provisions of AC21 did the following: USCIS will grant the a extension of stay C21 memo one-year increments, unless a final decision is made to: Deny the EB immigrant petition, or C.
But Congress missed an extraordinary opportunity—one which typically arises no more than once a decade in immigration policy—to achieve deeper, essential reforms that AC21 now makes all the more urgent.
AC21 made unused slots from a given country available for use for the general category.
However, to be approved every H-1 B portability petition must separately meet the requirements for H-1 B classification and for an extension of stay. When the VO is processing the revoke letter - sends acknowledgement that USCIS has received their request and their request has been approved and then looks into your Prior to AC21, all H-1B visas were counted towards the annual cap.
In case employer requests revoke of I Their letter is formally processed. Assuming the alien is otherwise qualified for an extension of H-1 B status, USCIS will grant an extension beyond the 6th year if evidence is provided that: In this section we will discuss the details of how H1B holders can take advantage of AC An earlier version of AC21 had included all recipients of graduate degrees as eligible for uncapped H-1Bs, but the provision was removed from the final bill.
A lot of RFEs are also going out to AC21 job changers which could have been triggered by a AC21 letter or a AR11 address change or any other reason the officer thinks that the beneficiary is not working for the original petitioner anymore.
Likewise, revised CFR Finally - The best part about all this is - AC21 has always worked though people go through hiccups.
First - lets discuss what happens if such a request never comes from an employer. However, in no case can an extension be granted for more than a three year period of time.
So it is recommended that H4 dependents file I concurrently with H1 extension applications, to avoid accidentally falling out of status. The rule clarifies how a priority date is retained and how this differs from the provision that addresses what constitutes I revocation for purposes of I portability cases.We would like to show you a description here but the site won’t allow us.
Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S.C.
& Learn more here. Public Inspection. Published Document AC21 Provisions Relating to Employment-based Immigrant Visas. ii.
AC21 Provisions Seeking To Improve the H-1B Nonimmigrant Worker Classification. AC21 is a law passed by President Clinton in - but the law never actually made it to the federal register and is followed by USCIS adjudicators through memos that are updated from time to time.
So the law as such is non binding - which means there is no harm in not following the law, though it can be challenged in court (I am not sure how).
Immigration Information Center: Visa, Green Card and Citizenship.
AC21 allows H-1B beneficiaries to extend their H1 status beyond the six-year limit, in either 1-year or 3-year increments. The USCIS issued a memo on May 30, regarding the provisions of the American Competitiveness in the Twenty-First Century Act of (AC21).
The memo was issued by Donald Neufeld, Acting Associate Director, Domestic Operations at USCIS, and directed to the USCIS Field Leadership. The Memo. The USCIS released a memorandum on May 12, addressing a number of significant issues on the American Competitiveness in the Twenty-First Century Law of (AC21).
The memo contained some favorable procedural specifications regarding adjudication of I .Download