Noting that the job description was written in plural terms, BALCA found that the ads clearly included multiple positions, were not misleading, and did not cause confusion that would prevent potential U.S. applicants from applying. (Matter of Microsoft Corp., 4/12/13). [Courtesy-AILA] Read the BALCA decision.
U.S. Citizenship and Immigration Services (USCIS) today published a revised Employment Eligibility Verification Form I-9 for use. All employers are required to complete a Form I-9 for each employee hired in the United States. Improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers. The Department [...]
BALCA reversed the denial, finding that the CO ignored the employer's experience requirements stated in Item H-14 and incorrectly interpreted the alternative education requirements as alternative employment requirements. (Matter of General Electric Co., 1/22/13) Read the BALCA decision. [Courtesy - AILA]
USCIS has just launched its new E-Verify Employers Search Tool, which allows you to find employers currently enrolled in E-Verify. The new tool lets you filter, sort and export results found during your search. Information you can find in it includes: The employer’s business name; Whether the employer is a federal contractor; and The city [...]
BALCA reversed denial because evidence demonstrated that the employer entered the actual minimum requirements into the job order form, but that a deficient form caused those requirements to be converted. (Matter of Cognizant Technology Solutions US Corp., 11/29/12). Read the BALCA decision (PDF).
BALCA found that the employer did not mislead U.S. workers where the ads stated the position was located in San Francisco and may require multiple long-term regional assignments but the ETA 9089 listed Fremont, the company's headquarters. (Matter of Infosys, 11/16/12). Read the BALCA decision (PDF).
The U.S. Embassy, New Delhi, India announced the expansion of the visa interview waiver program. This will allow certain Non Immigrant Visa applicants seeking to renew a visa that expired within the last 48 months to obtain a Visa without an interview. The program streamlines processing for the following: Under the current Interview Waiver [...]
In a significant letter, the U.S. Chamber of Commerce discusses industry experience in how the L-1B Program is administered by the Department of State.
BALCA affirmed the denial where the attorney failed to sign the ETA 9089 submitted with the audit response, noting that the instructions provide clear notice to the employer that the 9089 must be signed by the attorney or agent. (Matter of TLH Construction, 8/19/10). Read the BALCA document. (pdf).
BALCA found that the dates on the ETA 9089, a statement that the program was in effect when recruitment began, and proof that the ERP was part of the handbook was sufficient to show that the ERP was in effect during recruitment. (Matter of Bottomline Tech., 10/18/12). Read the BALCA decision (pdf).