NEWS
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 [...]
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