The Department of Labor’s (DOL) Administrative Review Board (ARB) recently upheld the final decision of an Administrative Law Judge (ALJ) who found that the petitioner failed to pay the H-1B beneficiary the required wage under the H-1B provisions of the Immigration and Nationality Act (INA). The petitioner, a not-for-profit corporation…
Since 2004, the U.S. Department of Homeland Security’s (DHS) U.S.-VISIT program has utilized biometric technology at major U.S. ports of entry to facilitate visitor entry. Last week, DHS announced that upgraded biometric technology is in place at major U.S. ports of entry. The upgrade is a change from a two…
The Administrative Appeals Office (AAO) recently withdrew the decision of the Director, Texas Service Center (TSC) and approved the employment based immigrant petition. The Petitioner is a hospital. The Petitioner sought to employ the beneficiary permanently in the position of Interventional Radiologist. The position on ETA Form 9089 listed the…
The Department of State has released its latest Visa Bulletin. The February 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 February…
After an investigation conducted by U.S. Immigration and Customs Enforcement (ICE) a Louisville, Kentucky restaurant owner was sentenced to eight months in federal prison for knowingly employing illegal aliens. As a result of the investigation, the restaurant owner plead guilty to knowingly employing at least 10 illegal aliens at his…
The U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B visa petitions for professionals that count against the FY2010 cap on April 1, 2009. These professionals will be eligible to begin H-1B employment on October 1, 2009. Employers looking to hire new H-1B professionals are urged to begin…
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 Manager/Video Technician. This LC was filed prior to the effective date of the “PERM” regulations. The employer, a video parlor…
If you have received a transfer notice from one of the USCIS service centers that your case is being transferred to the National Benefits Center (NBC), do not be alarmed . The reason your case is being transferred is that it is being scheduled for an interview. For interview waiver…
The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augument their existing labor force with temporary workers. Congress has set the numerical limit for H-2B visas at 66,000 per fiscal year. The Save Our Small and Seasonal Businesses Act of 2005 (SOS…
U.S. Citizenship and Immigration Services (USCIS) submitted to the Federal Register an interim final rule that will streamline the Employment Eligibility Verification process. The interim final rule narrows the list of acceptable identity documents and further specifies that expired documents are not considered acceptable forms of identification. Specifically, the interim…