NEWS
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 [...]
H-4 Spouses Employment Authorization – Advanced Copy of Proposed Rule
DHS issued advance copies of two proposed rules for foreign high-skilled workers, including a rule that would extend the availability of employment authorization to certain H-4 dependent spouses of principal H-1B nonimmigrants and a rule to update the regulations for [...]
DHS Announces Proposals to Attract and Retain Highly Skilled Immigrants
As part of the Administration’s continuing commitment to attract and retain highly skilled immigrants, the Department of Homeland Security (DHS) today announced the publication of two proposed rules, including a rule to extend employment authorization to spouses of certain H-1B [...]
BALCA Finds Employee’s Letter Sufficient Evidence of Required Skills
BALCA found that the employee's letter affirming her knowledge of programming and other skills was sufficient where the audit asked the employer to "provide documentation" without specifying the type of documentation or indicating that the letter must be notarized. (Matter [...]
The P-1 Visa for Tennis Professionals – Game, Set, Match!
Our latest blog article on The P-1 Visa for Tennis Professionals – Game, Set, Match!
USCIS revises Application for Naturalization Form, N-400
USCIS released a revised Form N-400, Application for Naturalization. The revised form is now available at www.uscis.gov/n-400. On Monday, May 5, 2014, USCIS will no longer accept older versions of Form N-400. USCIS will reject and return previous versions of [...]
California Service Center issues RFE on Every Other L-1B Petition!
Read our blog post on California Service Center issues RFE on Every Other L-1B Petition!
New FAQ regarding notification and consideration of laid-off U.S. workers for PERM applications
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 [...]
ICE Guidance on OPT Employment As Volunteer or Unpaid Intern
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 [...]
Visa Interview Waiver Program is now Permanent
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 [...]
ICE: SEVP – Update for University of Northern Virginia Students
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 [...]