PERM News2018-03-12T18:58:06+00:00

NEWS

PERM/EB-2

25Oct, 2018

BALCA Upholds Denial Based on Procedural Grounds

Oct 25, 2018|

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).

28Sep, 2018

BALCA Upholds Denial Based on Newspaper Ads with Multiple Openings

Sep 28, 2018|

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).

4Jun, 2018

USCIS No Longer Accepting I-765 Service Requests at the 75-Day Mark

Jun 4, 2018|

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, [...]

10Apr, 2018

New E-Verify.gov Website a User-Friendly Source to Verify Employment Eligibility

Apr 10, 2018|

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 [...]

4Apr, 2018

Undeliverable Permanent Resident and Employment Authorization Cards and Travel Documents to be Destroyed After 60 Days

Apr 4, 2018|

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 [...]

11Oct, 2017

PERM Confirmation Process Changed

Oct 11, 2017|

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.

27Jul, 2017

USCIS Launches Mobile Form for Replacing Green Card

Jul 27, 2017|

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 [...]

27Jun, 2017

USCIS Introduces Redesigned Form for Green Card Applicants

Jun 27, 2017|

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 [...]

25Jan, 2016

BALCA Remands Section K Cases for Certification, Dismisses Appeals

Jan 25, 2016|

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)

5Jan, 2016

AC21 – Post-Porting Employee Has Standing to Challenge I-140 Revocation

Jan 5, 2016|

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 [...]

5Nov, 2015

BALCA Upholds denial for PW Typo

Nov 5, 2015|

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.

5Nov, 2015

BALCA Affirms Denial Where Notice of Filing Lacks Employer Name

Nov 5, 2015|

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.