BALCA found that when an employer requests review by BALCA, rather than filing a MTR, BALCA is only bound to consider information before the CO upon denial and the employer is prevented from supplementing the record with information. (Matter of University of California-Berkeley, 8/30/18) Read BALCA decision(PDF).
BALCA found that while a single ad may be used for more than one position, it does not sufficiently apprise U.S. workers of an opportunity if it does not include the position’s title and includes a careless summary of duties and requirements. (Matter of Igate Global Solutions, 8/30/18). Read BALCA decision(PDF).
AILA has received member reports that the USCIS Contact Center (formerly National Customer Service Center, or NCSC) is no longer allowing individuals to place service requests for Forms I-765, Application for Employment Authorization, that have been pending for more than 75 days unless the applications are outside of USCIS's posted processing times. Previously, [...]
USCIS today announced the launch of new website, E-Verify.gov. This is the authoritative source for information on electronic employment eligibility verification. E-Verify.gov is for employers, employees and the general public. The user-friendly website provides information about E-Verify and Form I-9, Employment Eligibility Verification, including employee rights and employer responsibilities in the employment verification [...]
Starting April 2, USCIS will destroy Permanent Resident Cards, Employment Authorization Cards and Travel Documents returned as undeliverable by the U.S. Postal Service after 60 business days if USCIS is not contacted by the document’s intended recipient to provide the correct address. USCIS encourages applicants to report a change of address within 10 [...]
Department of Labor to Provide Employers With 30 Days to Confirm Filing The Department of Labor (DOL) has communicated that it has changed the sponsorship confirmation process after the filing of a PERM application. The new PERM sponsorship confirmation process provides the employer with 30 days to respond.
Effective Oct.1, USCIS will begin to phase-in interviews for the Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status). Read the news release.
Lawful permanent residents who file the online Form I-90, Application to Replace Permanent Resident Card, without assistance from an attorney or accredited representative, can now file their form and upload evidence entirely on a mobile device. The redesign of the online Form I-90 also allows lawful permanent residents to navigate the site more [...]
USCIS published a revised Application to Register Permanent Residence or Adjust Status (Form I-485). The revised version gives applicants better information to accurately complete Form I-485, including clear navigation to the parts of the form and isntructions that are relevant to the applicants’ specific situations. These updates should increase the efficiency of the [...]
USCIS today announced a redesign to the Green Card and EAD. The new cards will be issued on May 1, 2017. The redesigned cards will be more secure and tamper-resistant and deter counterfeiting and fraud than the ones currently in use. The new Green Cards and EADs will: Display the individual’s photos [...]
USCIS published a Fee Increase schedule in the Federal Register today. Applications and petitions mailed, postmarked, or otherwise filed on or after 12/23/16 must include new fee. (81 FR 73292, 10/24/16) USCIS Fee Schedule (pdf) A few important Forms and the corresponding fee increases are listed below: Form From To I-129 $325.00 [...]
BALCA upheld denial where the employer submitted a recruitment report signed by its agent, as opposed to itself, in direct violation of 20 C.F.R. §656.17(g)(1) which requires either the employer or its representative to sign the recruitment report. (Matter of DMPRO, Inc., 3/24/16). Read Balca decision(pdf)
BALCA overturned the denial, holding that a minor typo in the employer name on the SWA job order did little to confuse potential applicants about the employer's identity or undermine the employer's §656.10(c)(8) attestation. (Matter of SWDWII LLC, 1/29/16). Read Balca decision(pdf)
BALCA ordered certification to be granted despite a divergence of duties between Form ETA 9089 and the SWA job order, finding that 656.17(f) only applies to the required newspaper or professional journal. (Matter of Pinnacle Technical Resources, Inc., 1/21/2016). Read the Balca case here.
After denial solely for failing to list non-experience based qualifications in Section K, BALCA ordered the matter remanded for certification, which the CO supported. See three factually similar cases: 2014-PER-00224, 2014-PER-00260, and 2014-PER-00262. (Matter of The Cadmus Group, 1/15/16). Read Balca decision(PDF)
Kidambi & Associates would like to congratulate and recognize Attorney Joseph Hohenstein for his excellent work on this case, MANTENA v. Johnson, Court of Appeals, 2nd Circuit 2015. The court held that USCIS is required by the portability provisions to give pre-revocation notice to the beneficiary or to the successor employer that it [...]
After employer failed to provide dated website postings and the text of the radio ad, BALCA held that screenshots are "dated copies" and that an audio recording and contract from the radio station confirming when the ad ran was sufficient. (Matter of Waldorf School of Orange County, 11/6/15). Read the BALCA decision.
BALCA determined that employer verified sponsorship upon signing the statement certifying the conditions of employment on the mailed-in application. The application was remanded to CO for further processing on the merits of the application. (Matter of La Hacienda Meat Market, Inc., 11/4/15). Read the Balca decision here.
Denial affirmed where prevailing wage validity period on 9089 was less than 90 days. Validity was actually "90 days from date of determination" but dates were entered incorrectly on 9089. (Matter of Guilbert Tex, Inc., 10/14/15). Read the Balca decision here.
BALCA affirmed denial where the company president's name but not employer’s name was on the NOF. Rejecting the employer's harmless error argument, BALCA said persons providing information to the CO need the employer name as it appears on Form 9089. (Matter of G.O.T. Supply, Inc., 10/6/15). Read the Balca decision here.