NEWS
PERM/EB-2
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 of PARC, 4/2/14). Read the BALCA case here.
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 detailed does the recruitment report have to be with respect to the lawful, [...]
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 letters. (Matter of Twins, 11/1/13). Read the BALCA case here.
Significance of Establishing a Priority Date
During the entire Green Card process, the Priority Date (PD) assumes special significance. It is this date that is used to determine when an applicant may file for Adjustment and finally adjudication to become a permanent resident. In PERM based Green Card applications, the PD is the date on which the PERM Application [...]
USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants
U.S. Citizenship and Immigration Services (USCIS) today announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents. [...]
USCIS to reissue Advance Parole documents
U.S. Citizenship and Immigrations Services (USCIS) announced today that it will reissue Advance Parole documents (Form I-512) in response to documents that were mailed to applicants with an incorrect issue date of January 5, 1990. All affected documents have been identified and USCIS will automatically reissue documents to individuals who have received a [...]