Beginning September 8, 2009, all Federal Contractors and Subcontractors who enter into contracts on and after September 8, 2009 must be enrolled in the online E-Verify work authorization program. The E-Verify program is a free optional web based employment verification program that verify’s employee’s employment eligibility by submitting key information…
H1B Visa Lawyer Blog
LATEST UPDATE – FY 2010 H-1B Cap Count
On September 4, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap. As of August 28, 2009, 45,100 H-1B cap subject nonimmigrant visa petitions have been accepted by USCIS. The Service has advised that they will continue…
H-1B Employee Questionnaire issued by the DOL Wage and Hour Division
The Department of Labor (DOL) Wage and Hour Division has recently issued an H-1B Employee Questionnaire that covers issues dealing with H-1B employment such as wages and deductions, working conditions, termination, and more… This questionnaire has been sent via email by the DOL to an H-1B Employee, and provides that…
BALCA upholds denial of Labor Certification – Employer Submitted Labor less than 30 days after end of SWA job order
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Office Clerk, General.” The employer filed a LC which was accepted for processing on October 16, 2006. Form ETA 9089…
BALCA upholds denial of Labor Certification – Notice of Filing failed to provide “Rate of Pay”
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Computer Software Engineer, Applications.” The employer filed a LC on behalf of an alien worker and in June of 2007,…
FYI – Tips for I-131 Re-entry Permits
According to a recent AILA Liaison Committee meeting, I-485, Adjustment of Status applicants who intend to file for their second or subsequent I-131 reentry permit should file with 30 days or less remaining on the previous valid I-131 document…otherwise an RFE will most likely be issued asking for the valid…
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LATEST UPDATE – FY 2010 H-1B Cap Count
On August 19, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap. As of August 14, 2009, 45,000 H-1B cap subject nonimmigrant visa petitions have been accepted by USCIS. USCIS has advised that they will continue to…
Updated Service Centers Processing Times
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on August 14, 2009 with processing dates as of June 30, 2009. If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time…
BALCA upholds denial of Labor Certification – PERM: Recruitment not conducted in accordance with Regulations
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Dietitian and Nutritionist.” The employer filed a LC on behalf of an alien worker in December of 2006, where the…