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H1B Visa Lawyer Blog

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Improving the Processing of “Schedule A” Nurse Visas

The nursing shortage in the United States is becoming increasingly problematic and may adversely affect the health care industry. The Citizenship and Immigration (CIS) Ombudsman has been fully informed by nursing organizations and stakeholders about the period of time it takes for a foreign nurse to be admitted to the…

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USCIS Published Religious Workers Final Rule

The United States Citizenship and Immigration Services (USCIS) recently issued a final rule in the Federal Register amending various aspects of the religious workers program. The final rule amends the regulations to improve the Department of Homeland Security’s (DHS’s) ability to detect and deter fraud and other abuses in the…

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BALCA upholds denial of Labor application – Unduly restrictive job 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 Dispatcher. This LC was filed prior to the effective date of the “PERM” regulations. The employer, a limousine company filed…

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BALCA upholds denial of Labor application – not good faith recruitment

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 Accountant. This LC was filed prior to the effective date of the “PERM” regulations. The employer filed a LC on…

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BALCA upholds denial of Labor application – minimalist approach to recruitment

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 heavy equipment operator. This LC was filed prior to the effective date of the “PERM” regulations. The employer, a residential…

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Highlights of Fiscal Year (FY) 2008 PERM Certifications

Over 90,039 Labor certification applications were received between October 01, 2007 and September 01, 2008. Of those, 49,205 have been certified. Many are either still in the review process, undergoing an audit, on appeal, or have been denied. The top 5 states of intended employment for these permanent labor certifications…

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BALCA upholds denial of Landscaper Application – seasonal employment

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 “Landscaper”. This LC was filed prior to the effective date of the “PERM” regulations. The employer filed a LC on…

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BALCA upholds denial of Landscaper application – not permanent, full-time employment

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 “landscaper”. This LC was filed prior to the effective date of the “PERM” regulations. The employer filed a LC on…

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