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.
SEVP Message for International Students Enrolled at Micropower Institutes and Affiliated Schools
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”
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
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
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
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 Says ETA 9089 Lacks “Free Form Space” for Clarifying Eligibility
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.
H-1B Petition Rejected – F-1 Student Options
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, [...]
The ASVVP Extended to L-1 Visas – Raising the Standard of Evidence in Immigration Proceedings
Our latest blog article on The ASVVP Extended to L-1 Visas – Raising the Standard of Evidence in Immigration Proceedings.
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 [...]