NEWS
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Virginia, school code WAS214F01186000, please be aware that the Student and Exchange Visitor Program (SEVP) has withdrawn the school's approval for attendance of nonimmigrant students as of [...]
BALCA Discusses Factors for “Professional or Trade Organizations”
Noting that the list of factors set forth in the decision were not exhaustive, BALCA found that Dice.com is a job search website for IT professionals, not a "professional organization" for purposes of recruitment under 20 CFR §656.17(e)(1)(ii)(E). (Matter of [...]
USCIS Questions and Answers on Appeals and Motions
USCIS has posted Questions and Answers on Appeals and Motions, helps clarify the options available to an applicant or petitioner when a case has been denied.
ICE press release on Infosys Settlement Agreement
ICE press release on $34 million settlement agreement involving Infosys, an Indian consulting, technology and outsourcing company alleged to have committed systemic H-1B and B-1 visa fraud and abuse of immigration processes and also agreed to enhanced corporate compliance measures. [...]
BALCA Finds Employer’s Attempts to Screen U.S. Workers Insufficient
BALCA held that the letters the employer sent to U.S. applicants were insufficient, noting that there was no attempt to determine whether they could become qualified with reasonable on-the-job training and there was no proof that the applicants received the [...]
We Are Not Open For Business – the Death of the L-1B Visa Program
Our latest blog post. Please read the entire post at http://blog.kidambi.com.
L-1 Visa Program Lacks Consistency and USCIS Officers Require Training Concludes OIG Report
The Department of Homeland Security Office of Inspector General (OIG) report on the L-1 visa program finds that Service guidance regarding specialized knowledge is not applied consistently and that more training at both CBP and USCIS is needed. For instance, [...]
Supreme Court Ruling on Defense of Marriage Act (DOMA) makes Same Sex Immigration Benefits a Reality
After last week's decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married [...]
BALCA OKs Omission of Language Requirement in NOF
BALCA reversed the denial, finding the omission of a Spanish language requirement in the Notice of Filing was not by itself fatal to the application where the overall text of the NOF was sufficient to apprise U.S. workers of the [...]
BALCA Upholds Denial in Case Involving Home Office
BALCA found the employer's ads unduly restrictive, where the employer listed "Houston, TX" (the place of the beneficiary's residence) as the geographic area of employment, when in fact, the position is more flexible and allows the person to work from [...]
BALCA Says Laid-Off U.S. Worker was Rejected for a Lawful, Job-Related Reason
BALCA found that the U.S. worker's lack of special skills was a lawful, job-related reason for rejection, and that the employer's failure to identify the requirements for the U.S. worker's previous position did not warrant denial. (Matter of Cisco Systems, [...]
BALCA on Documenting Recruitment from the Employer’s Website
BALCA found that where an employer attestation in the recruitment report is submitted as evidence of recruitment on the employer's website in lieu of dated screenshots, the attestation must be in affidavit form. (Matter of DGN Technologies, 4/29/13) [Courtesy - [...]
BALCA Remands, Says Ads Would Not Prevent U.S. Workers from Applying
Noting that the job description was written in plural terms, BALCA found that the ads clearly included multiple positions, were not misleading, and did not cause confusion that would prevent potential U.S. applicants from applying. (Matter of Microsoft Corp., 4/12/13). [...]
USCIS Revises Employment Eligibility Verification Form I-9
U.S. Citizenship and Immigration Services (USCIS) today published a revised Employment Eligibility Verification Form I-9 for use. All employers are required to complete a Form I-9 for each employee hired in the United States. Improvements to Form I-9 include new [...]
BALCA Interprets Drafting of Alternative Requirements on the ETA 9089
BALCA reversed the denial, finding that the CO ignored the employer's experience requirements stated in Item H-14 and incorrectly interpreted the alternative education requirements as alternative employment requirements. (Matter of General Electric Co., 1/22/13) Read the BALCA decision. [Courtesy [...]