NEWS
FAQ on Employment Authorization for Certain H-4 Dependent Spouses
On February 26, 2015, USCIS hosted a teleconference about new regulatory changes, effective May 26, 2015, that extended eligibility for employment authorization to certain H-4 dependent spouses of certain H-1B nonimmigrants who have already started the process of seeking [...]
DHS Final Rule Offers More Flexibility to Students – Highlights
The Department of Homeland Security is issuing a final rule that will allow certain foreign students with science, technology, math, or engineering (STEM) degrees to extend their optional practical training or "OPT" period by 2 years, on top of the [...]
DHS Final Rule on OPT For STEM Students and Cap-Gap Relief effective May 10, 2016
DHS released the final version of the revised STEM optional practical training (OPT) rule today. It will go into effect on May 10th. The final rule will allow F-1 STEM OPT extensions of up to 24 months, replacing the current [...]
Known Employer Pilot Program Test
The USCIS has created the Known Employer pilot to assess a way to streamline the process for employers seeking to hire certain workers through employment-based visa categories. By modifying the process by which USCIS reviews an employer’s eligibility to sponsor [...]
BALCA Overturns Denial, Says Advertisement of the Occupation Rather than Particular Position is Acceptable
BALCA upheld denial where the employer submitted a recruitment report signed by its agent, as opposed to itself, in direct violation of 20 C.F.R. §656.17(g)(1) which requires either the employer or its representative to sign the recruitment report. (Matter of [...]
BALCA Overturns Denial Where Employer Name on 9089 Did Not Match That on SWA Job Order
BALCA overturned the denial, holding that a minor typo in the employer name on the SWA job order did little to confuse potential applicants about the employer's identity or undermine the employer's §656.10(c)(8) attestation. (Matter of SWDWII LLC, 1/29/16). Read [...]
Webinar- H-1B – Lessons From FY2016 – How to Prepare for FY2017 H-1B Season
Please register for H-1B – Lessons From FY2016 - How to Prepare for FY2017 H-1B Season on Feb 12, 2016 12:00 PM EST at: https://attendee.gotowebinar.com/register/8654143144839593217 The idea behind this webinar is to harness the valuable experience learned from processing H-1Bs [...]
Apply for DACA(Deferred Action for Childhood Arrivals program)
El Programa de Consideración de Acción Diferida para los llegados en la Infancia (http://www.uscis.gov/es/acciondiferida) provee protección de deportación por dos años (con una posible extensión de dos años más) y permiso de trabajo. Las personas que califican para este beneficio [...]
BALCA Orders Grant of Certification Because SWA Job Order Is Not Controlled by 656.17(f)(6)
BALCA ordered certification to be granted despite a divergence of duties between Form ETA 9089 and the SWA job order, finding that 656.17(f) only applies to the required newspaper or professional journal. (Matter of Pinnacle Technical Resources, Inc., 1/21/2016). Read [...]
BALCA Remands Section K Cases for Certification, Dismisses Appeals
After denial solely for failing to list non-experience based qualifications in Section K, BALCA ordered the matter remanded for certification, which the CO supported. See three factually similar cases: 2014-PER-00224, 2014-PER-00260, and 2014-PER-00262. (Matter of The Cadmus Group, 1/15/16). Read [...]
AC21 – Post-Porting Employee Has Standing to Challenge I-140 Revocation
Kidambi & Associates would like to congratulate and recognize Attorney Joseph Hohenstein for his excellent work on this case, MANTENA v. Johnson, Court of Appeals, 2nd Circuit 2015. The court held that USCIS is required by the portability provisions to [...]
Proposed I-765 revisions to accomodate EAD for beneficiaries of approved I-140 petitions
A draft version of a revised form I-765, application for employment authorization has been released.
H-1B and L-1 Fee Increase** Applicable for a Select Few
On 12/18/15, the President signed into law the omnibus appropriations bill for 2016. Highlights of Business Immigration Provisions of the Act: The bill extends the EB-5, Conrad 30, Special Immigrant Religious Workers, and E-Verify programs through the end of FY2016. [...]
BALCA Reverses Denial Based on Dated Website Screenshots and Radio Audio Recording and Contract
After employer failed to provide dated website postings and the text of the radio ad, BALCA held that screenshots are "dated copies" and that an audio recording and contract from the radio station confirming when the ad ran was sufficient. [...]
BALCA Reverses Denial of a Mailed In Application Denied for Failure to Verify Sponsorship
BALCA determined that employer verified sponsorship upon signing the statement certifying the conditions of employment on the mailed-in application. The application was remanded to CO for further processing on the merits of the application. (Matter of La Hacienda Meat Market, [...]
BALCA Upholds denial for PW Typo
Denial affirmed where prevailing wage validity period on 9089 was less than 90 days. Validity was actually "90 days from date of determination" but dates were entered incorrectly on 9089. (Matter of Guilbert Tex, Inc., 10/14/15). Read the Balca decision [...]
BALCA Affirms Denial Where Notice of Filing Lacks Employer Name
BALCA affirmed denial where the company president's name but not employer’s name was on the NOF. Rejecting the employer's harmless error argument, BALCA said persons providing information to the CO need the employer name as it appears on Form 9089. [...]
Law Requiring Payment of $2,000/$2,250.00 in Additional Fees Sunsets
The USCIS released this update this morning: H-1B and L-1 petitions filed on or after Oct. 1, 2015, should not include the additional fee that was previously required by Section 402 of Public Law 111-230, as amended by Public Law [...]
FAQ on Filing I-485
Q. Why is the new (October) Visa Bulletin different? A. The visa modernization initiative announced by President Obama last year is the reason for this change. As part of this initiative, the USCIS and Department of State have formulated a [...]
USCIS Resumes Premium Processing for Extension of Stay H-1B Petitions
USCIS announced this today. Beginning July 13, 2015, USCIS will resume accepting Form I-907, Request for Premium Processing Service for all Form I-129, Petition for a Nonimmigrant Worker, H-1B extension of stay petitions. Premium processing requests for Form I-129 H-1B [...]