BALCA upheld denial where the employer submitted a recruitment report signed by its agent, as opposed to itself, in direct violation of 20 C.F.R. §656.17(g)(1) which requires either the employer or its representative to sign the recruitment report. (Matter of DMPRO, Inc., 3/24/16). Read Balca decision(pdf)
BALCA overturned the denial, holding that a minor typo in the employer name on the SWA job order did little to confuse potential applicants about the employer's identity or undermine the employer's §656.10(c)(8) attestation. (Matter of SWDWII LLC, 1/29/16). Read Balca decision(pdf)
Please register for H-1B – Lessons From FY2016 - How to Prepare for FY2017 H-1B Season on Feb 12, 2016 12:00 PM EST at: https://attendee.gotowebinar.com/register/8654143144839593217 The idea behind this webinar is to harness the valuable experience learned from processing H-1Bs from prior years and how the various RFEs have created a valuable source of information [...]
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.