We Are Not Open For Business – the Death of the L-1B Visa Program
Our latest blog post. Please read the entire post at http://blog.kidambi.com.
L-1 Visa Program Lacks Consistency and USCIS Officers Require Training Concludes OIG Report
The Department of Homeland Security Office of Inspector General (OIG) report on the L-1 visa program finds that Service guidance regarding specialized knowledge is not applied consistently and that more training at both CBP and USCIS is needed. For instance, the Report states this about the L-1B program: In our 2006 report Review of Vulnerabilities [...]
Supreme Court Ruling on Defense of Marriage Act (DOMA) makes Same Sex Immigration Benefits a Reality
After last week's decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. [...]
BALCA OKs Omission of Language Requirement in NOF
BALCA reversed the denial, finding the omission of a Spanish language requirement in the Notice of Filing was not by itself fatal to the application where the overall text of the NOF was sufficient to apprise U.S. workers of the job opportunity. (Matter of Architectural Stone Accents, 7/3/13). Read the BALCA case here.
BALCA Upholds Denial in Case Involving Home Office
BALCA found the employer's ads unduly restrictive, where the employer listed "Houston, TX" (the place of the beneficiary's residence) as the geographic area of employment, when in fact, the position is more flexible and allows the person to work from home. (Matter of Siemen's, 7/23/13). Read the BALCA case here.
BALCA Says Laid-Off U.S. Worker was Rejected for a Lawful, Job-Related Reason
BALCA found that the U.S. worker's lack of special skills was a lawful, job-related reason for rejection, and that the employer's failure to identify the requirements for the U.S. worker's previous position did not warrant denial. (Matter of Cisco Systems, 4/26/13) [Courtesy - AILA] Read the BALCA case.
BALCA on Documenting Recruitment from the Employer’s Website
BALCA found that where an employer attestation in the recruitment report is submitted as evidence of recruitment on the employer's website in lieu of dated screenshots, the attestation must be in affidavit form. (Matter of DGN Technologies, 4/29/13) [Courtesy - AILA] Read the BALCA case.
BALCA Remands, Says Ads Would Not Prevent U.S. Workers from Applying
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.
USCIS Revises Employment Eligibility Verification Form I-9
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 Interprets Drafting of Alternative Requirements on the ETA 9089
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]