NEWS
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 [...]
BALCA on Use of Single Newspaper for Multiple Recruitment Steps
Finding nothing in the regulations prohibiting an employer from using the same newspaper as both a "general circulation" and a local newspaper, BALCA reversed the denial where the employer placed two Sunday ads and one Tuesday ad in the Boston [...]
BALCA Panel Disagrees with Credit Suisse Holding on Ad Requirements
BALCA reversed the CO's denial, finding that based on the plain language of the regulations and the regulatory history, the advertising content requirements of 20 CFR 656.17(f) do not apply to additional requirement steps found in section 656.17(e)(1)(ii). (Matter of [...]
BALCA Reverses PERM Denial for Senior Financial Analyst
BALCA reversed the CO's denial, finding the laid-off U.S. worker clearly lacked the required experience and skill in specified accounting and modeling programs based on the face of the worker's resume and the employer's ETA 9089. (Matter of Federal Home [...]
BALCA Says ETA 9089 Lacks “Free Form Space” for Clarifying Eligibility
BALCA held that the CO was unreasonable in insisting that the alien's holding of the required degree be disclosed on the 9089 where documents in the reconsideration motion showed that a bachelor's degree is a prerequisite for a Montessori certificate. [...]
H-1B Petition Rejected – F-1 Student Options
If an H-1B petition filed on your behalf did not make the 'Random Selection Process', you have certain options. If you are currently in F-1 status with an OPT, students in STEM programs could immediately apply for a 17-months extension [...]
The ASVVP Extended to L-1 Visas – Raising the Standard of Evidence in Immigration Proceedings
Our latest blog article on The ASVVP Extended to L-1 Visas – Raising the Standard of Evidence in Immigration Proceedings.
Dealing with the ‘Abandonment’ of LPR status
Immigration attorneys often encounter a lawful permanent resident (LPR) who wants to return to the United States after spending considerable time in his or her home country. The person may have left with the intention to return promptly to the [...]