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 Auto Mechanic. The Employer filed a LC on behalf of the alien worker and it was accepted for processing in…
H1B Visa Lawyer Blog
BALCA upholds denial of Labor application – Employer failed to comply with advertisement 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 Horse Trainer. The Employer submitted the application by mail. In the application, the Employer indicated that the job was first…
CGFNS Guidance on Educational Requirements for PT applicants
The Commission on Graduates of Foreign Nursing Schools (CGFNS) International is an internationally recognized authority on credentials evaluations and verification pertaining to the education, registration, and licensure of nurses and health care professionals worldwide. CGFNS International is a leader in the industry with extensive knowledge of the profession and over…
BALCA upholds denial of Labor application – Employer failed to rebut NOF
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 Domestic Tutor. This LC was filed prior to the effective date of the “PERM” regulations. The employer, a private household…
Illinois Act deemed invalid by U.S. District Court
E-Verify is a federal program in which employers may voluntarily sign up electronically to be able to identify the employment eligibility of new hires against federal databases in a matter of minutes. How it works: An employer requests that a new hire complete Form I-9, and with the information provided…
BALCA reverses denial of Labor Certification
The Board of Alien Labor Certification Appeals (BALCA) recently reversed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Plumber Helper. The employer, a plumbing services company filed a LC on behalf of an alien worker in April of…
FYI – Clarification on H-1B Lottery System
Many employers have been questioning whether the regulation governing the “lottery” system will apply to this year’s H-1B cap. The United States Citizenship and Immigration Service (USCIS) has provided that the lottery will apply this year. In accordance with the regulation, the USCIS randomly selects the number of petition’s necessary…
Appeal of an Alien of Extraordinary Ability is rejected by Administrative Appeals Office
The Administrative Appeals Office (AAO) recently considered the merits of the petitioner’s appeal on a de novo basis. Accordingly, the appeal was rejected, subsequent motions were rejected and the petition will remain denied. There were several procedural errors made in the adjudication of this petition. The employment based immigrant visa…
GAO Report unveils significant vulnerabilities in the Department of State’s Passport Issuance Process
The United States Government Accountability Office (GAO) conducted an investigation from May 2008 through March 2009 which showed that terrorists or criminals could steal an American citizen’s identity, use basic counterfeiting skills to create fraudulent documentation for that identity, and obtain a genuine U.S. passport from the Department of State…
USCIS released UPDATED Form I-9 EMPLOYER HANDBOOK
The United States Citizenship and Immigration Service (USCIS) recently released the updated version of the Form I-9 Employer Handbook. The handbook provides the basic steps involved with a new hire, including the forms that must be completed, what documents are acceptable and step-by-step directions on how to correctly complete Form…