El Programa de Consideración de Acción Diferida para los llegados en la Infancia (http://www.uscis.gov/es/acciondiferida) provee protección de deportación por dos años (con una posible extensión de dos años más) y permiso de trabajo. Las personas que califican para este beneficio pueden trabajar legalmente sin miedo alguno de ser deportados por lo menos dos años. Esto [...]
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 is revoking [...]
A draft version of a revised form I-765, application for employment authorization has been released.
On 12/18/15, the President signed into law the omnibus appropriations bill for 2016. Highlights of Business Immigration Provisions of the Act: The bill extends the EB-5, Conrad 30, Special Immigrant Religious Workers, and E-Verify programs through the end of FY2016. Fee Increase: It also includes the following changes to the currently expired H-1B/L-1 fees for [...]
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.