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H1B Visa Lawyer Blog

Updated:

Reminder – Alternatives to the H-1B Visa for Individuals who did not make the FY2020 H-1B Quota

Now that all of the new H-1B visas for the 2020 Fiscal Year have been allocated, What options do Employers who are looking to hire Foreign National Professionals have? Here are some creative solutions to this problem: OPT – STEM Extension If the company is registered for E-Verify, the database…

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AAO Processing Times – FY 2019 2nd Quarter – Rel. 4/15/19

The Administrative Appeals Office (AAO) provides an updated ‘processing times’ in table form, with information on FY2019 second quarterly completions; January 2019 to March 2019. These figures indicate the time that it takes from the date the case is received at AAO coming from the Service Center or District Office…

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BALCA Reverses Denial Where CO Failed to Timely Rule on Motion

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 “Electrical Helper.” Procedural Case History – Case was originally accepted by DOL on December 3, 2007. June 11, 2008 CO denied certification. Appeal File was…

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BALCA Finds Omission of Notarized Statement in Audit Response Immaterial

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 “Indian Vegetarian Cook.” After receiving and reviewing the Employer’s Application for Permanent Labor Certification, the CO issued an Audit. He directed the Employer to present…

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