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H1B Visa Lawyer Blog

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Naturalization Process for the Military

Under special provisions of the Immigration and Nationality Act (INA), service members and certain veterans of the United States armed forces may apply for expedited citizenship . Qualifying military service is generally in one of the following branches: Army, Navy, Air Force, Marine Corps, Coast Guard, and certain components of…

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The Role of the Attorney in the PERM Process After the Fragomen Settlement

Since the Department of Labor (DOL) issued a press release in June 2008 announcing it was auditing all of the PERM labor certification applications filed by the Fragomen law firm there has been much confusion for attorneys in regards to the PERM process. While there are still a number of…

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BALCA remands LC for supervised recruitment due to failure of Employer to recruit in good faith

The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Secondary Mathematics Teacher,” and remanded the case for regular processing and supervised recruitment. This LC was filed prior to the…

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BALCA upholds denial of LC because Employer failed to establish position was 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 “Landscape Gardener.” This LC was filed prior to the effective date of the “PERM” regulations. In the aforementioned case, the…

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N-400 Naturalization Application Expired October 31,2008, but Remains Valid Until Revised Version is Released

The prior edition of the N-400 Application for Naturalization expired on October 31, 2008. A new edition of the form has yet to be posted to the USCIS website. Until further notice, the USCIS has informed the American Immigration Lawyers Association (AILA) that applicants may continue to submit their applications…

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BALCA upholds denial of LC because Employer failed to establish lawful-job related reasons for rejecting otherwise qualified U.S. workers

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. In the aforementioned case,…

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BALCA upholds denial of LC based on suspension of counsel

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 “tailor – textile, apparel & furnishing worker.” This LC was filed prior to the effective date of the “PERM” regulations.…

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DHS Issues Supplemental Final Rule with Guidance For Employers Who Receive Social Security ‘No-Match’ Letters

The Department of Homeland Security (DHS) recently issued a Supplemental Final Rule that provides additional background and analysis for the department’s No-Match Rule. The regulation clarifies what steps reasonable employers can take to resolve discrepancies identified in ‘no-match’ letters issued by the Social Security Administration (SSA). Additionally, it provides guidance…

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BALCA upholds denial of LC because proffered position not full-time as required by 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 “Ethnic Singer/Entertainer.” This LC was filed prior to the effective date of the “PERM” regulations. In the aforementioned case, the…

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BALCA upholds Final Determination finding lack of good faith in 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 “Operations Foreman.” This LC was filed prior to the effective date of the “PERM” regulations. In the aforementioned case, the…

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