NEWS
USCIS launches new E-Verify Employers Search Tool
USCIS has just launched its new E-Verify Employers Search Tool, which allows you to find employers currently enrolled in E-Verify. The new tool lets you filter, sort and export results found during your search. Information you can find in it [...]
BALCA Reverses Denial Due to of Deficient Job Order Form
BALCA reversed denial because evidence demonstrated that the employer entered the actual minimum requirements into the job order form, but that a deficient form caused those requirements to be converted. (Matter of Cognizant Technology Solutions US Corp., 11/29/12). Read the [...]
BALCA Reverses CO’s Denial, Discusses Recruitment for “Roving” Positions
BALCA found that the employer did not mislead U.S. workers where the ads stated the position was located in San Francisco and may require multiple long-term regional assignments but the ETA 9089 listed Fremont, the company's headquarters. (Matter of Infosys, [...]
U.S. Embassy, India announces the expansion of the visa interview waiver program
The U.S. Embassy, New Delhi, India announced the expansion of the visa interview waiver program. This will allow certain Non Immigrant Visa applicants seeking to renew a visa that expired within the last 48 months to obtain a Visa without [...]
U.S. Chamber of Commerce Letter on L-1B Program
In a significant letter, the U.S. Chamber of Commerce discusses industry experience in how the L-1B Program is administered by the Department of State.
BALCA Upholds Denial Where Attorney Failed to Sign ETA 9089 in Audit Response
BALCA affirmed the denial where the attorney failed to sign the ETA 9089 submitted with the audit response, noting that the instructions provide clear notice to the employer that the 9089 must be signed by the attorney or agent. (Matter [...]
BALCA on Documenting Employer Referral Programs
BALCA found that the dates on the ETA 9089, a statement that the program was in effect when recruitment began, and proof that the ERP was part of the handbook was sufficient to show that the ERP was in effect [...]
BALCA Upholds PWD Where Job Duties Reflect Combination of O*Net Occupations
Applying the code for the higher-paying of the two O*Net occupations, BALCA found that the assignment of a Level 3 wage for "Natural Sciences Managers" was consistent with the 2009 PWD Guidance and was not an abuse of discretion. (Matter [...]
BALCA Upholds Level 3 PWD for University Psychologist/Lecturer
BALCA affirmed the PWD for a Psychologist/Lecturer, finding that a Level 3 wage for "Clinical, Counseling, and School Psychologists" was proper where the job included both teaching and practicing psychologist duties. (Matter of Univ. of Wisconsin-Oshkosh, 3/27/12). --Courtesy-AILA. Read the [...]
USCIS Announces New Filing Option on Behalf of Canadian TN & L-1 Non-immigrants
Beginning October 1, 2012, USCIS will begin accepting the Form I-129, Petition for Non-immigrant Worker, filed on behalf of Canadian citizens who are outside the United States and seeking classification as a TN non-immigrant. New filing optionTN and L1
President Signs S.3245 into Law, Extending EB-5 Regional Centers, E-Verify, Religion Workers, and Conrad State 30 J-1
"On Friday, September 28, 2012, the President signed into law S. 3245, which extends to September 30, 2015, the expiration dates of key requirements of four immigration programs administered by the Department of Homeland Security: the EB-5 Regional Center Program; [...]
BALCA Upholds Denial for Failure to Investigate Applicant’s Qualifications
BALCA held that where a resume showed a broad range of experience, training and education, the employer had a duty to investigate the applicant given its willingness to accept a "combination of education, training, or experience." Applicant's qualifications(pdf). [Courtesy - [...]
IRIS Changes ITIN Requirements
The Internal Revenue Service announced important interim changes to strengthen its procedures for issuing Individual Taxpayer Identification Numbers (ITINs) from now through the end of the year. Designed specifically for tax-administration purposes, ITINs are only issued to people who are not [...]
CBP Travel Update on I-94 Data Entry Notice
Customs and Border Protection is in the process of automating traveler arrival records to streamline passenger processing. The current processing time for entering foreign visitors’ travel information into the I-94 database is 30 days or more. This does not affect [...]
E-Verify Self-Assessment Guide for E-Verify Web Services Users
Two new USCIS Web Manuals are available as of June 2012 for E-Verify users. These checklists will be useful to clients. M-1043 - Self-Assessment Guide For E-Verify Web Services Users M-1044 - Self-Assessment Guide For E-Verify Direct Access Users
Senator Grassley Lifts Hold on H.R. 3012
On 07/11/12 Senators Grassley entered a statement into the Congressional Record announcing that he and Senator Schumer had reached an agreement on additional H-1B enforcement provisions and was therefore lifting his hold on H.R. 3012. H.R. 3012, the Fairness [...]
SEVIS Accepts Virginia University Application for SEVP Program
ICE press release announcing that the Student & Exchange Visitor Program (SEVP) has accepted the University of Northern Virginia's application for new Designated School Officials. Nonimmigrant students who require action may now contact the school directly with requests. http://www.ice.gov/sevis/alerts/unva.htm
ICE Expands STEM List
DHS announced an expanded list of science, technology, engineering, and math (STEM) designated-degree programs that qualify eligible graduates on student visas for an optional practical training (OPT) extension. This announcement builds on a series of administrative reforms designed to further [...]
USCIS Provides New Online Study Materials for N-400 English Test
USCIS has provided a new online resource page providing new videos, publications, and practice tests aimed at helping people prepare for the English language test portion of the form N-400 eligibility interview. Get the Naturalization Study Materials for English Test [...]
USCIS Q&As on Extension of OPT and Cap-Gap Regulations
USCIS Q&As, updated 3/29/12, on post-completion optional practical training (OPT) and F-1 status under cap-gap regulations that permit the automatic extension of F-1 student status for certain students with pending or approved H-1B petitions. Extension of OPT and Cap-Gap regulations