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H1B Visa Lawyer Blog

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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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BALCA upholds denial of Labor Certification – PERM: Failure to follow Recruitment time restrictions for filing

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 “Accounting/Bookkeeping Assistant.” On March 2, 2007, the employer filed a LC on behalf of an alien worker, indicating that the…

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BALCA upholds denial of Labor Certification – PERM: Failure to follow Newspaper Advertisement 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 “Food Preparation Worker.” The employer filed a LC and had checked the box on Form 9089 indicating that there was…

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BALCA upholds denial of Labor Certification – Newspaper Advertisement omitted Employer’s Name

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 “Brickmason.” The employer filed a LC on behalf of an alien worker and in October of 2007, the CO issued…

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E-Verify Employer DO’S and DON’TS

The Office of Special Counsel for Immigration-Related Unfair Employment Practices has recently comprised a list of various DO’S and DON’TS for Employers when utilizing the E-Verify program. DO…use E-Verify on all NEW employees, after they have completed Form I-9 DO…post required notices of the Employer’s participation in E-Verify DO…secure the…

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BALCA upholds denial of Labor Certification – Failure to provide documentation requested in Audit Notification Letter

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 “Cook.” The employer filed a LC on behalf of an alien worker and in November of 2007, the CO issued…

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BALCA upholds denial of Labor Certification – AUDIT: Failure to provide Recruitment Report

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 “Beautician.” The employer filed a LC on behalf of an alien worker and in March of 2008, the CO issued…

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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 July 15, 2009 with processing dates as of May 31, 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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