DOL FAQ addressing how an employer is to demonstrate that it notified and considered laid-off U.S. workers for the job opportunity listed on the ETA Form 9089. (updated Feb 21, 2014). The DOL FAQ can be found at: http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm How detailed does the recruitment report have to be with respect to the lawful, job-related reasons [...]
A Memo from ICE confirming SEVP's guidance on unpaid employment and noting some OPT STEM extension applications were erroneously denied by USCIS because applicants had or intended to work in volunteer or unpaid intern positions is attached. The ICE Memo confirms: A student may work as a volunteer or unpaid intern, where this practice does [...]
In January 2012, the Department of State introduced a two-year visa interview waiver pilot program. This pilot program was one of the cornerstones of President Obama’s initiative to improve and speed up the visa process for certain categories of travelers to the U.S. This pilot program has now been made permanent. According to new 9 [...]
If you were previously in ACTIVE F-1 nonimmigrant status at University of Northern Virginia, school code WAS214F01186000, please be aware that the Student and Exchange Visitor Program (SEVP) has withdrawn the school's approval for attendance of nonimmigrant students as of October 1, 2013. If you failed to transfer or depart the United States by November [...]
Noting that the list of factors set forth in the decision were not exhaustive, BALCA found that Dice.com is a job search website for IT professionals, not a "professional organization" for purposes of recruitment under 20 CFR §656.17(e)(1)(ii)(E). (Matter of Privthi Info. Solutions, 11/1/13). Read the BALCA case here.
USCIS has posted Questions and Answers on Appeals and Motions, helps clarify the options available to an applicant or petitioner when a case has been denied.
ICE press release on $34 million settlement agreement involving Infosys, an Indian consulting, technology and outsourcing company alleged to have committed systemic H-1B and B-1 visa fraud and abuse of immigration processes and also agreed to enhanced corporate compliance measures. Read the article on Infosys Settlement Agreement.
BALCA held that the letters the employer sent to U.S. applicants were insufficient, noting that there was no attempt to determine whether they could become qualified with reasonable on-the-job training and there was no proof that the applicants received the letters. (Matter of Twins, 11/1/13). Read the BALCA case here.
Our latest blog post. Please read the entire post at http://blog.kidambi.com.
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 [...]