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H1B Visa Lawyer Blog

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BALCA vacates Final Determination and remands for proper procedures to re-advertise

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 “Fabric and Apparel Patternmaker.” This LC was filed prior to the effective date of the “PERM” regulations. In the aforementioned…

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John McCain and Barack Obama on IMMIGRATION

Republican Presidential candidate John McCain and Democratic Presidential candidate Barack Obama may not see eye-to-eye on a majority of the issues; however, on the issue of immigration, they share more similarities than differences. Securing our borders is the first priority in both a McCain and Obama administration. Senator Obama and…

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BALCA upholds denial of LC for failure to obtain Federal Employer Identification Number (FEIN)

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 “Maid.” In the aforementioned case, the employer, a private household filed a LC on behalf of an alien worker. The…

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APPLY TODAY for the Diversity Visa (DV) Lottery – ONLY ONLINE ENTRIES ACCEPTED

Annually, the United States government issues a maximum of 55,000 green cards through a computer-generated random lottery drawing. Applications for the DV 2010 random lottery will be accepted October 2, 2008 through December 1, 2008. Paper entries will not be accepted, eligible participants may access the electronic Diversity Visa entry…

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Update on Pending FBI Name Checks and Projected Naturalization Processing Times

The United States Department of Homeland Security’s (DHS), United States Citizenship and Immigration Services (USCIS) Ombudsman issued a press release informing the public about the status of FBI name checks and the projected processing times for applicants filing for Naturalization . The Ombudsman is an independent office of DHS which…

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BALCA upholds denial of LC based upon failure to comply with PERM advertising rules

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 “Chinese Specialty Cook.” In the aforementioned case, the employer filed a LC on behalf of an alien worker. The significant…

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BALCA affirms PERM filing date and vacates CO’s denial of the application

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the PERM filing date and vacated the Certifying Officer’s (CO) denial of the application. The employer, an independent school district filed a pre-PERM ETA form 750A application for permanent alien labor certification on October 24, 2004 for the position of…

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BALCA upholds denial of LC based on submission of Incomplete Application

The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination of a Certifying Office (CO) denying labor certification (LC) for an alien worker for the position of “Home Health Aide.” In the aforementioned case, the employer, a private household filed a LC on behalf of an alien…

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The Role of Attorneys/Agents in the PERM Recruitment process

In light of the Fragomen audit, the Department of Labor (DOL) has recently issued many documents on the topic of attorney/agent consideration of U.S. workers under the permanent labor certification program . Attorneys/agents and foreign workers do not have a designated role in the PERM recruitment process. It is the…

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