According to the American Immigration Lawyers Association (AILA), several United States Citizenship and Immigration Service (USCIS) service centers have begun to issue Requests for Additional Evidence (RFEs) for all H-1B petitioning employers who did not include the TARP recipient funding page of Form I-129, Data Collection with their H-1B FY…
On April 10, 2009, the Department of Labor (DOL) released new information and materials on the New iCert System which covers the H-1B, H-1B1, and E-3 visa programs. The New iCert system will be implemented beginning April 15, 2009. According to the American Immigration Lawyers Association (AILA) the New iCert…
Regular Petitions Subject to Cap As of April 9, 2009, the United States Citizenship and Immigration Services (USCIS) have received approximately 42, 000 H-1B nonimmigrant petitions counting toward the congressionally mandated 65,000 cap. The USCIS has indicated that they will continue to accept H-1B petitions subject to the cap. Advanced…
The Administrative Appeals Office (AAO) released its time report on April 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…
The Department of State has released its latest Visa Bulletin. The May 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 May…
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 Restaurant Manager. The Employer filed a LC on behalf of an alien worker and it was accepted for processing in…
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. The CO denied the application in March of 2008 on one ground; the Employer had not filed its application…
The Board of Alien Labor Certification Appeals (BALCA) recently dismissed an appeal based upon the PERM audit regulations. A labor certification application was filed on behalf of an alien worker for the position of Domestic Servant. The CO issued a letter denying certification of the labor certification (LC) because the…
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 Restaurant Cook. The employer filed a LC on behalf of an alien worker in August of 2005. In November of…
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determinationof a Certifying Officer (CO) affirming the filing date for the approved PERM labor certification (LC). The application was filed on behalf of an alien worker for the position of Auto Mechanic. The employer, an auto repair shop…