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H1B Visa Lawyer Blog

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Legislation to Reform the H-1B Visa Program Introduced by Senators Durbin (D-IL) and Grassley (R-IA)

On Thursday, April 23, 2009, Assistant Senate Majority Leader Dick Durbin and Senator Chuck Grassley introduced the H-1B and L-1 Visa Reform Act. This bipartisan legislation would reform the current H-1B and L-1 guest worker programs to prevent abuse and fraud, and to protect American workers. This legislation calls for…

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UPDATE – FY 2010 H-1B Cap Count

On April 20, 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 44,000 H-1B nonimmigrant visa petitions. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS…

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In Lieu of Recent BALCA Decisions, a Message from the MVP Law Group, P.A.

It has come to our attention that many Permanent Labor Certification Applications are being denied by the Department of Labor (DOL) for several reasons, some of which could be avoided by having competent counsel. It is important to have an Experienced Attorney who is familiar and thorough when completing and…

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BALCA upholds denial of Labor application – Did Not Comply with “Notice of Filing” Requirements

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 Chef. In May of 2006, the CO issued an Audit Notification letter. The CO requested that the Employer submit its…

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BALCA upholds denial of Labor application – Incomplete, Missing Required Information

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 Specialty Chef. The Employer filed a LC on behalf of an alien worker and it was accepted for processing in…

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BALCA upholds denial of Labor application – Employer Did Not Comply with PERM Regulations

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 Baker. The Employer filed a LC on behalf of an alien worker and it was accepted for processing in February…

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BALCA upholds denial of Labor application – No On-Site Hire Exception to Advertising Requirements

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 Framer. The Employer filed a LC on behalf of an alien worker and it was accepted for processing in April…

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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 April 16, 2009 with processing dates as of February 28, 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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REMINDER to all U.S. Employers – Use Updated Form I-9

As of April 3, 2009, the United States Citizenship and Immigration Services (USCIS) indicated that U.S. employers should no longer be using outdated versions of Form I-9. The updated Form I-9 has been available in English and Spanish via the USCIS website since it was revised in February. Instructions for…

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