NEWS
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 [...]
USCIS Clarifies Scope of Premium Processing H-1B Suspension
In response to an inquiry by AILA, USCIS has confirmed that the temporary suspension of premium processing for H-1B extensions applies to any H-1B petition requesting an extension of stay for the beneficiary regardless of whether the petition is filed [...]
USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions
Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request [...]
BALCA Upholds Denial for Failure to Submit Signed Recruitment Report
Acknowledging that 20 CFR 656.17(g)(1) does not explicitly require recruitment reports to have "original" signatures, BALCA upheld the denial of 3 labor certifications rejecting the argument that the typewritten name constituted an electronic signature. (Matter of NYC Dept. of Educ., [...]
How does the Visa Bulletin Work?
The Department of State is responsible for administering the provisions of the Immigration and Nationality Act (INA) relating to the numerical limitations on immigrant visa issuances. This information sheet explains the operation of the immigrant number allotment and control system: [...]
USCIS Issues Policy Memorandum on Adjudicating L-1B Petitions
This policy memorandum provides guidance on the adjudication of the L-1B classification, which permits multinational companies to transfer employees who possess "specialized knowledge" from their foreign operations to their operations in the United States. It provides consolidated and authoritative guidance [...]
Balca decision regarding Denial for Failure to File Recruitment Report
BALCA upheld the CO’s denial for failure to submit a recruitment report describing the recruitment steps undertaken, as 20 CFR 656.17(g)(1) requires, when the employer inadvertently omitted a page. (Matter of Simply Soup LTD., 1/13/15). Read the BALCA case.
Form I-9 Webinar On-Demand
USCIS has published an informative webinar thats's available on demand about Form I-9 and how to properly complete it. Please watch the I-9 Form webinar.
SEVP Message for International Students Enrolled at Micropower Institutes and Affiliated Schools
On May 29, 2014, SEVP removed all Principal Designated School Officials and Designated School Officials (P/DSOs) from the following schools: Micropower Career Institute in New York, New York Micropower Computer Institute in Linden, New Jersey The Institute [...]
BALCA on “Infeasibility to Train”
BALCA found that where the employee gained the required experience while working for the employer, the employer's detailed statement sufficiently documented that it was no longer feasible to train a worker for the position under 20 CFR §656.17(i)(2)(ii). (Matter of [...]