SEVP Message for International Students Enrolled at Micropower Institutes and Affiliated Schools

2018-03-07T14:42:27+00:00Aug 7, 2014|

On May 29, 2014, SEVP removed all Principal Designated School Officials and Designated School Officials (P/DSOs) from the following schools:     Micropower Career Institute in New York, New York     Micropower Computer Institute in Linden, New Jersey     The Institute for Health Education in Jersey City, New Jersey and     International School of Health, Beauty [...]

BALCA on “Infeasibility to Train”

2018-03-07T17:21:45+00:00Jun 11, 2014|

BALCA found that where the employee gained the required experience while working for the employer, the employer's detailed statement sufficiently documented that it was no longer feasible to train a worker for the position under 20 CFR §656.17(i)(2)(ii). (Matter of Kentrox, 5/22/14). Read the BALCA case.

BALCA on Use of Single Newspaper for Multiple Recruitment Steps

2018-03-07T16:55:19+00:00Jun 11, 2014|

Finding nothing in the regulations prohibiting an employer from using the same newspaper as both a "general circulation" and a local newspaper, BALCA reversed the denial where the employer placed two Sunday ads and one Tuesday ad in the Boston Globe. (Matter of Delta Search Labs, 4/24/14). Read the BALCA case.

BALCA Panel Disagrees with Credit Suisse Holding on Ad Requirements

2018-03-07T16:52:28+00:00Jun 11, 2014|

BALCA reversed the CO's denial, finding that based on the plain language of the regulations and the regulatory history, the advertising content requirements of 20 CFR 656.17(f) do not apply to additional requirement steps found in section 656.17(e)(1)(ii). (Matter of Symantec Corp., 2/11/14).  Read the BALCA case.

BALCA Reverses PERM Denial for Senior Financial Analyst

2018-03-07T16:49:35+00:00Jun 11, 2014|

BALCA reversed the CO's denial, finding the laid-off U.S. worker clearly lacked the required experience and skill in specified accounting and modeling programs based on the face of the worker's resume and the employer's ETA 9089. (Matter of Federal Home Loan Mortgage Corp., 2/10/14).  Read the BALCA case.

H-1B Petition Rejected – F-1 Student Options

2018-03-03T17:39:26+00:00May 27, 2014|

If an H-1B petition filed on your behalf did not make the 'Random Selection Process', you have certain options. If you are currently in F-1 status with an OPT, students in STEM programs could immediately apply for a 17-months extension of Optional Practical Training. A. Eligibility for STEM extension: The student must have a bachelor's, [...]

Dealing with the ‘Abandonment’ of LPR status

2018-03-07T17:52:30+00:00May 19, 2014|

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 [...]

H-4 Spouses Employment Authorization – Advanced Copy of Proposed Rule

2018-03-19T17:26:45+00:00May 9, 2014|

DHS issued advance copies of two proposed rules for foreign high-skilled workers, including a rule that would extend the availability of employment authorization to certain H-4 dependent spouses of principal H-1B nonimmigrants and a rule to update the regulations for H-1B1, CW-1, E-3 nonimmigrants, and EB-1 immigrants. Courtesy - AILA. Read the proposed rule to [...]

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