The Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders that the iCERT System Labor Certification Registry, which provides public access to labor certification decisions in the PERM, LCA, H-2A, and H-2B visa programs, will be decommissioned. Effective February 28, 2020, members [...]
USCIS issued policy guidance in the USCIS Policy Manual regarding eligibility requirements, filing, and adjudication of requests to replace Permanent Resident Cards using Form I-90. The effective date for this policy is January 16, 2020. Comments are due by January 30, 2020.
USCIS announced that on January 2, 2020, it will dispose E-Verify records that are older than 10 years, or dated on or before December 31, 2009. E-Verify employers have until December 31, 2019, to download case information from the Historic Records Report. For more information, please see the I-9 central page.
On 10/4/19, President Trump issued a proclamation suspending the entry of immigrants who “will financially burden the U.S. healthcare system,” effective at 12:01 am (ET) on 11/3/19. Immigrants must have approved health insurance coverage within 30 days of entry, or be able to pay for reasonably foreseeable medical costs. Please see presidential document [...]
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)