U.S. Chamber of Commerce Letter on L-1B Program
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 Upholds Denial Where Attorney Failed to Sign ETA 9089 in Audit Response
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 on Documenting Employer Referral Programs
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).
BALCA Upholds PWD Where Job Duties Reflect Combination of O*Net Occupations
Applying the code for the higher-paying of the two O*Net occupations, BALCA found that the assignment of a Level 3 wage for "Natural Sciences Managers" was consistent with the 2009 PWD Guidance and was not an abuse of discretion. (Matter of Emory University, 2/27/12). --Courtesy AILA. Read the BALCA decision on Matter of Emory University [...]
BALCA Upholds Level 3 PWD for University Psychologist/Lecturer
BALCA affirmed the PWD for a Psychologist/Lecturer, finding that a Level 3 wage for "Clinical, Counseling, and School Psychologists" was proper where the job included both teaching and practicing psychologist duties. (Matter of Univ. of Wisconsin-Oshkosh, 3/27/12). --Courtesy-AILA. Read the BALCA decision on the matter of Univ of Wisconsin-Oshkosh (PDF).
USCIS Announces New Filing Option on Behalf of Canadian TN & L-1 Non-immigrants
Beginning October 1, 2012, USCIS will begin accepting the Form I-129, Petition for Non-immigrant Worker, filed on behalf of Canadian citizens who are outside the United States and seeking classification as a TN non-immigrant. New filing optionTN and L1
President Signs S.3245 into Law, Extending EB-5 Regional Centers, E-Verify, Religion Workers, and Conrad State 30 J-1
"On Friday, September 28, 2012, the President signed into law S. 3245, which extends to September 30, 2015, the expiration dates of key requirements of four immigration programs administered by the Department of Homeland Security: the EB-5 Regional Center Program; the E-Verify Program; the Special Immigrant Non-Minister Religious Worker Program; and the Conrad State 30 [...]
BALCA Upholds Denial for Failure to Investigate Applicant’s Qualifications
BALCA held that where a resume showed a broad range of experience, training and education, the employer had a duty to investigate the applicant given its willingness to accept a "combination of education, training, or experience." Applicant's qualifications(pdf). [Courtesy - AILA]
IRIS Changes ITIN Requirements
The Internal Revenue Service announced important interim changes to strengthen its procedures for issuing Individual Taxpayer Identification Numbers (ITINs) from now through the end of the year. Designed specifically for tax-administration purposes, ITINs are only issued to people who are not eligible to obtain a Social Security Number. Read the news release. 2012 ITIN [...]
CBP Travel Update on I-94 Data Entry Notice
Customs and Border Protection is in the process of automating traveler arrival records to streamline passenger processing. The current processing time for entering foreign visitors’ travel information into the I-94 database is 30 days or more. This does not affect the majority of foreign travelers visiting for business or leisure and will not affect any [...]