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H1B Visa Lawyer Blog

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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,…

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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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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…

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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…

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LATEST UPDATE – FY 2010 H-1B Cap Count

On July 31, 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 July 24th, 2009, 44,900 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions…

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BALCA upholds denial of Labor Certification – PERM: Failure to Prove Business Necessity

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 “Supervisor/Service Manager.” The employer filed a LC requiring seven years of experience in the job offered, and the case was…

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BALCA upholds denial of Labor Certification – PERM: Professional and nonprofessional position recruitment

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 “Assistant Director.” The employer filed a LC on behalf of an alien worker in August of 2006, where the Employer…

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