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 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 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.
BALCA held that the CO was unreasonable in insisting that the alien's holding of the required degree be disclosed on the 9089 where documents in the reconsideration motion showed that a bachelor's degree is a prerequisite for a Montessori certificate. (Matter of The Clariden School, 1/30/14). Read the BALCA case.
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, [...]
Our latest blog article on The ASVVP Extended to L-1 Visas – Raising the Standard of Evidence in Immigration Proceedings.
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 [...]
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 [...]
As part of the Administration’s continuing commitment to attract and retain highly skilled immigrants, the Department of Homeland Security (DHS) today announced the publication of two proposed rules, including a rule to extend employment authorization to spouses of certain H-1B workers, and a proposal to enhance opportunities for certain groups of highly-skilled workers by removing [...]
BALCA found that the employee's letter affirming her knowledge of programming and other skills was sufficient where the audit asked the employer to "provide documentation" without specifying the type of documentation or indicating that the letter must be notarized. (Matter of PARC, 4/2/14). Read the BALCA case here.