The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Cook, Private Household. The Employer submitted the application by mail. The application was accepted for processing in January of 2006.…
H1B Visa Lawyer Blog
Updated Service Centers Processing Times
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on May 15, 2009 with processing dates as of March 31, 2009. If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time…
UPDATE – DOL will keep old LCA System operational through June 30, 2009
The Department of Labor (DOL) has informed a liaison of the American Immigration Lawyers Association (AILA) that they will continue to keep the old Labor Condition Application (LCA) system operable for a specified time. The reasons behind allowing the old LCA system to remain operational through June 30, 2009 are…
June 2009 Visa Bulletin
The Department of State has released its latest Visa Bulletin. The June 2009 visa bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India. Click here to view the June…
Administrative Appeals Office Processing Times
The Administrative Appeals Office (AAO) released its time report on May 1, 2009 with updated processing times for all types of cases accepted by its Office. If you filed an appeal, please review the link below to determine the applicable processing time associated with your case. Administrative Appeals Office If…
UPDATE – FY 2010 H-1B Cap Count
On May 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. USCIS has received 45,000 H-1B nonimmigrant visa petitions. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS…
BALCA affirms denial of Labor application – Employer Failed to Comply with Notice of Filing requirements
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 Purchasing Manager. The Employer filed an ETA Form 9089, Application for Labor Certification on behalf of the beneficiary. The position…
BALCA affirms denial of Labor application – Lack of Employer’s Name on Notice of Filing is not harmless error
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 Stone Inspector. The Employer filed an ETA Form 9089, Application for Labor Certification on behalf of the beneficiary. In February…
BALCA vacates denial of Labor application – Lack of Kellogg Language would offend fundamental fairness and procedural due process
The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Computer Systems Analyst. Accordingly, the Board directed the CO to grant certification. This LC was filed prior to the effective…
USCIS revises filing requirements and mailing address for Form I-90, Application to Replace Permanent Resident Card
The United States Citizenship and Immigration Service (USCIS) announced on April 27, 2009 that they have made minor changes to the process of applying for a replacement Permanent Resident card. These changes apply to all applicants applying via paper form, including those applying because their previously issued card was never…