The USCIS announcement dated July 24th does not apply to most H-1B petitions filed and currently pending with the USCIS. Most importantly, it does not include CAP Gap petitions that have to be adjudicated prior to September 30th in order for the employee to continue working. It only applies to petitions that may be exempt from the cap if the H-1B petitioner is:
* An institution of higher education;
* A nonprofit related to or affiliated with an institution of higher education; or
* A nonprofit research or governmental research organization.
Premium processing will also resume for petitions that may also be exempt if the beneficiary will be employed at a qualifying cap-exempt institution, organization or entity
BALCA Updates
The Board of Alien Labor Certification Appeals (BALCA) issued the following decisions recently:
· BALCA upheld the denial of a Labor Certification and finds that a U.S. worker was improperly rejected for not passing a test where the Form 9089 and recruitment did not disclose a testing requirement, and there was no evidence that the foreign worker was required to take a test. Matter of MLS Inc., 7/17/17
· BALCA overturned the denial of a PERM allowing alternate requirements not mentioned in recruitment. Matter of Systime Computer Corporation, 7/18/17
· BALCA overturned the denial of a PERM using the reasoning from Smartzip Analytics; an application cannot be denied on its face based on a failure to provide a duration requirement for special skills listed in H.14, short of legally sufficient notice of a requirement to do so. Matter of Pixar, 7/17/17