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H1B Visa Lawyer Blog

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Unlawful employment practices result in potential debarment

Immigration Customs Enforcement (ICE) officers have increasingly been conducting workplace raids that can have a significant impact on an employer and its workers. In a news release issued by ICE, seven companies have been notified that they will be considered for debarment from federal contracting because each of the companies…

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Redesigned (NEW) Naturalization Test

The United States Citizenship and Immigration Services (USCIS) recently completed a multi-year redesign of the naturalization test. The major goal of the redesign process is to ensure that naturalization applicants have uniform, consistent testing experiences nationwide, and to provide a fair and meaningful naturalization process. The USCIS believes that the…

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H2B Proposed Rule Changes

In a Leadership Journal entry issued by the Acting Director of the U.S. Citizenship and Immigration Services (USCIS), several rule changes to the H-2B program were proposed. Little about the program has changed to accommodate employers’ needs or improvement in worker protections. The Department of Homeland Security (DHS) is proposing…

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BALCA remands case – Pro se employer not given adequate rebuttal notice

The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Office (CO) denying labor certification for an alien worker for the position of “Reverend,” and remanded the case for further proceedings. In the aforementioned case, the employer filed an application for labor certification on…

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Unlawful Rejection of U.S. Workers: BALCA affirms Certifying Officer’s denial of labor certification

The Board of Alien Labor Certification Appeals (BALCA) affirmed the final determination of the Certifying Officer (CO) denying a labor certification application because the employer’s rebuttal was insufficient to establish a lawful related reason for rejecting U.S. workers. In the aforementioned case, the employer, a telecommunications company, filed an application…

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Recruitment Efforts: Employer cannot reject otherwise qualified candidates based on resume alone

The Board of Alien Labor Certification Applications (BALCA) recently affirmed the final determination of the Certifying Officer (CO) denying labor certification. In the present case, the petitioner (employer), a plumbing and compacting installation service filed an application for labor certification for the position of Plumber on behalf of a foreign…

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AAO gives Petitioner another chance to prove NEED for H2B welder workers

The Administrative Appeals Office recently withdrew the decision of the Director, Vermont Service Center and remanded the matter to him for further action and consideration. In the aforementioned case, the Petitioner is a Mississippi Limited Liability Company supplying labor and industrial services for the marine and petroleum/chemical industries in the…

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BALCA affirms denial of Labor Certification based on lack of requested evidence

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

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No-Match Letter Does Not Provide Constructive Knowledge of Immigration Violations

On August 15, 2008, the United States Court of Appeals for the Ninth Circuit issued an opinion finding that a no-match letter does not provide Constructive knowledge of Immigration Violations. The case arose from the response by Aramark Facility Services (“Aramark”) to a no-match letter from the Social Security Administration…

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