The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Business Development Manager-IV.”

After receiving and reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit. He directed the Employer to present copies of its recruitment records. The Employer responded with its New Jersey State Workforce Agency (SWA) Job order that was administered through America’s Job Exchange (AJE).

Once the CO received the audit materials, he denied certification of the application. The CO cited the position communicated in its recruitment advertising did not match the one listed on the Employer’s ETA Form 9089 in violation of PERM Regulations 656.17 (f)(6). In its Labor Application, the Employer stated the position required “a Master’s Degree and 12 months of experience in the job offered.” In its SWA job order, the experience requirement listed “Mid-Career (2-15 years).”

The Department of State has released its latest Visa Bulletin.

Click the link to view the September 2018 Visa Bulletin

The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).

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Question #1 – Green Card

Is there a set period of time that I must live and work in the United States before I can apply for a Green Card?

USCIS has released a new YouTube video documentary entitled, “USCIS and the Legacy of Ellis Island”. This documentary describes the operational history of USCIS at Ellis Island and is told from their employees’ point of view!

Ellis Island operated as the nations’ busiest Immigration inspection station from 1892 until 1954. They processed over 12 million immigrants in its 62 years of operation.

For a more detailed history of Ellis Island, review the Web Site, Ellis Island History hosted by The Statue of Liberty – Ellis Island Foundation.

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “MR Clinical Development Leader.”

The CO denied the labor certification without audit stating the alternative requirements for the position were not substantially equivalent to the primary job requirements on the ETA Form 9089. On the form, the Employer mentions as an alternative requirement for this position “any suitable combination of education, training and experience as an MR clinical development leader, MR Applications Production Manager, Clinical Scientist, Radiographer or as a MR Specialist.” However, the Employer lists “Bachelor’s degree in Radiology, Biomedical Engineering, Chemistry or Medical Technology and 60 months of progressively responsible post-bachelor’s experience and some experience with MR equipment, product and/or application development.” The CO believed the “any suitable combination” wording did not specify the minimum acceptable requirement, so he denied the application in violation of PERM Regulation 20 C.F.R. § 656.17(h)(4)(i).

The Employer requested reconsideration of the denial stating the CO misread their answers to the questions on the form. They argued the minimum requirements are substantially the same as the primary requirements listed on the ETA Form. The Employer mentioned PERM regulation 20 C.F.R. § 656.3, “if the employer is willing to accept work experience in lieu of a baccalaureate or higher degree, such work experience…must be stated on the application form.”

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, August 10, 2018. Act now and submit your questions!

USCIS issued a news alert on Thursday, July 30th stating that they have returned all fiscal year 2019 (FY 2019) H-1B cap-subject petitions that were not selected in their computer-generated lottery. USCIS completed the data entry of all selected H-1B cap-subject petitions on May 15th (USCIS Completes Data Entry of Fiscal Year 2019 H-1B Cap-Subject Petitions). If you submitted a cap-subject petition between April 2nd and April 6th of this year and have not received a receipt notice or a returned petition by August 13, 2018, contact USCIS for assistance.

Source of Information:

USCIS.gov, 7/30/18, News Alert:

Once a month, MVP Law Groups’ Managing Attorney, Kellie N. Lego publishes an electronic Immigration Newsletter. This emailed newsletter features current articles, relevant data and up-to-date information about U.S. Immigration. We invite you to join our mailing list.

Current Newsletter: MVP Immigration Newsletter – Summer 2018

Follow link to join: Join our mailing list!

USCIS posted on Wednesday, July 25, 2018 that it is now accepting applications for two funding opportunities under the Citizenship and Assimilation Grant Program! This Grant Program provides up to $10 million in grants each year for citizenship preparation programs across the United States. These grants are fee-funded and the training is for lawful permanent residents (LPRs). LPRs are non-citizens who are lawfully authorized to live permanently within the United States and are on the path to citizenship if pursued.

For more information on this subject, please review the USCIS News Release,”USCIS Announces Citizenship and Assimilation Grant Opportunities”.

Source of Information: