BALCA affirmed the denial where the attorney failed to sign the ETA 9089 submitted with the audit response, noting that the instructions provide clear notice to the employer that the 9089 must be signed by the attorney or agent. (Matter of TLH Construction, 8/19/10). Read the BALCA document. (pdf).
BALCA found that the dates on the ETA 9089, a statement that the program was in effect when recruitment began, and proof that the ERP was part of the handbook was sufficient to show that the ERP was in effect during recruitment. (Matter of Bottomline Tech., 10/18/12). Read the BALCA decision (pdf).
Applying the code for the higher-paying of the two O*Net occupations, BALCA found that the assignment of a Level 3 wage for "Natural Sciences Managers" was consistent with the 2009 PWD Guidance and was not an abuse of discretion. (Matter of Emory University, 2/27/12). --Courtesy AILA. Read the BALCA decision on Matter of Emory University [...]
BALCA affirmed the PWD for a Psychologist/Lecturer, finding that a Level 3 wage for "Clinical, Counseling, and School Psychologists" was proper where the job included both teaching and practicing psychologist duties. (Matter of Univ. of Wisconsin-Oshkosh, 3/27/12). --Courtesy-AILA. Read the BALCA decision on the matter of Univ of Wisconsin-Oshkosh (PDF).
I had a client call me last week with a denied PERM application. His Attorney (the one representing his employer), however, had told him that the DOL had erred and that the denial would be overturned. The reason apparently was the non-inclusion of a language requirement in the recruitment advertisement. I was surprised by the [...]
Dear Mr. Kidambi, I should have written this a while ago when we received the green cards. Now as the exhilaration is subsided and after getting 3 different Welcome notices including the one from you it is time for appreciation. I would like to thank you for all your hard and dedicated work throughout [...]
Beginning October 1, 2012, USCIS will begin accepting the Form I-129, Petition for Non-immigrant Worker, filed on behalf of Canadian citizens who are outside the United States and seeking classification as a TN non-immigrant. New filing optionTN and L1
Hi Yasmin, Looks like his H-1B is approved. Thanks for all your efforts and patience. -- V.P.– Legal Compliance Manager IT Consulting Company Attainment of an H-1B approval for a unique occupation is always challenging. An occupation that is unique and “in transition”, proved even more so for an H-1B for a Management Analyst-Healthcare [...]
"On Friday, September 28, 2012, the President signed into law S. 3245, which extends to September 30, 2015, the expiration dates of key requirements of four immigration programs administered by the Department of Homeland Security: the EB-5 Regional Center Program; the E-Verify Program; the Special Immigrant Non-Minister Religious Worker Program; and the Conrad State 30 [...]