Form I-9 Webinar On-Demand
USCIS has published an informative webinar thats's available on demand about Form I-9 and how to properly complete it. Please watch the I-9 Form webinar.
Dealing with the ‘Abandonment’ of LPR status
Immigration attorneys often encounter a lawful permanent resident (LPR) who wants to return to the United States after spending considerable time in his or her home country. The person may have left with the intention to return promptly to the United States, but remained unexpectedly due to personal obligations or other circumstances. Generally, an LPR [...]
BALCA Discusses Factors for “Professional or Trade Organizations”
Noting that the list of factors set forth in the decision were not exhaustive, BALCA found that Dice.com is a job search website for IT professionals, not a "professional organization" for purposes of recruitment under 20 CFR §656.17(e)(1)(ii)(E). (Matter of Privthi Info. Solutions, 11/1/13). Read the BALCA case here.
USCIS Questions and Answers on Appeals and Motions
USCIS has posted Questions and Answers on Appeals and Motions, helps clarify the options available to an applicant or petitioner when a case has been denied.
Supreme Court Ruling on Defense of Marriage Act (DOMA) makes Same Sex Immigration Benefits a Reality
After last week's decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. [...]
BALCA OKs Omission of Language Requirement in NOF
BALCA reversed the denial, finding the omission of a Spanish language requirement in the Notice of Filing was not by itself fatal to the application where the overall text of the NOF was sufficient to apprise U.S. workers of the job opportunity. (Matter of Architectural Stone Accents, 7/3/13). Read the BALCA case here.
BALCA Upholds Denial in Case Involving Home Office
BALCA found the employer's ads unduly restrictive, where the employer listed "Houston, TX" (the place of the beneficiary's residence) as the geographic area of employment, when in fact, the position is more flexible and allows the person to work from home. (Matter of Siemen's, 7/23/13). Read the BALCA case here.
BALCA Says Laid-Off U.S. Worker was Rejected for a Lawful, Job-Related Reason
BALCA found that the U.S. worker's lack of special skills was a lawful, job-related reason for rejection, and that the employer's failure to identify the requirements for the U.S. worker's previous position did not warrant denial. (Matter of Cisco Systems, 4/26/13) [Courtesy - AILA] Read the BALCA case.
BALCA on Documenting Recruitment from the Employer’s Website
BALCA found that where an employer attestation in the recruitment report is submitted as evidence of recruitment on the employer's website in lieu of dated screenshots, the attestation must be in affidavit form. (Matter of DGN Technologies, 4/29/13) [Courtesy - AILA] Read the BALCA case.
BALCA Remands, Says Ads Would Not Prevent U.S. Workers from Applying
Noting that the job description was written in plural terms, BALCA found that the ads clearly included multiple positions, were not misleading, and did not cause confusion that would prevent potential U.S. applicants from applying. (Matter of Microsoft Corp., 4/12/13). [Courtesy-AILA] Read the BALCA decision.