H1B Visa Lawyer Blog

March 31, 2010

The Hoosier State – The Political and Economic Power of Immigrants, Latinos, and Asians in Indiana

As Washington D.C. talks of Comprehensive Immigration Reform (CIR), we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC).

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

March 26, 2010

UPDATE on the Federalized Process for Obtaining PWD Requests

by Kellie N. Lego

Effective January 21, 2010, the Department of Labor’s iCERT online system was updated to allow the submission of electronic prevailing wage determination requests. This electronic process was intended to allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal. However, at this time, this federalized electronic process has caused delays in the issuance of prevailing wage determinations.

Prior to January 1, 2010, the date of enactment of the Federalized Process, employers and/or their designated representative were able to obtain PWDs from their State Workforce Agencies (SWAs), which normally took between two (2) to fourteen (14) days or even a months time. Currently, requestors are waiting between thirty (30) to sixty (60) days to obtain a response from the DOL further delaying the commencement of a new PERM case, or the filing of an AC-21 Portability Case.

Requestors who have submitted PWD requests to the NPWHC by U.S. Mail between January 1, 2010 and January 21, 2010, the launch date of the iCERT PWD System have received a response in regards to their PWD requests. However, at this time, there appear to be delays in the issuance of PWDs through the national DOL office with both hard copy and electronically submitted requests since January 21, 2010.

March 26, 2010

USCIS Issues Information Collection for Form I- 824, Application for Action on an Approved Application

by Kellie N. Lego

The United States Citizenship and Immigration Services (USCIS) has issued information collection for Form I-824, Application for Action on an Approved Application until May 24, 2010.

During this period, USCIS will be evaluating whether to revise Form I-824.

This form has multiple purposes: to request a duplicate approval notice, to request an approval notice be sent to another U.S. Consulate, or to request an approval notice be sent to a U.S. Consulate for derivative visas for family members.

March 26, 2010

USCIS Issues Information Collection for Form I- 102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document

by Kellie N. Lego

The United States Citizenship and Immigration Services (USCIS) has issued information collection for Form I- 102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document until May 24, 2010.

During this period, USCIS will be evaluating whether to revise Form I-102.

The purpose of this form is for a nonimmigrant to apply for a new or replacement Form I-94 or I-95 Nonimmigrant Arrival-Departure Document.

March 24, 2010

The Prairie State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Illinois

by Kellie N. Lego

The Prairie State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Illinois

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC). The AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

March 24, 2010

The Hawkeye State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Iowa

by Kellie N. Lego

The Hawkeye State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Iowa

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC). The AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

March 24, 2010

The Peach State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Georgia

by Kellie N. Lego

The Peach State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Georgia

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC). The AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

March 24, 2010

The Sunshine State – Florida’s Immigrants and Latinos are a Political and Economic Powerhouse

by Kellie N. Lego

The Sunshine State – Florida’s Immigrants and Latinos are a Political and Economic Powerhouse

As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by research conducted through the Immigration Policy Center (IPC) of the American Immigration Counsel (AIC). The AILA National Day of Action is an opportunity to educate Members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting and supporting legislative solutions.

The IPC has complied research on the Immigrant, Latino and Asian community for most of the states within our Nation. Every Wednesday, we will provide in our blog post, the highlights from the research conducted by the IPC.

March 23, 2010

BALCA upholds denial of Labor Certification – Employer Offered Terms and Conditions of Employment Less Favorable than those Offered to the Foreign Worker

by Kellie N. Lego

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Production Worker.”

The employer filed a LC which was accepted for processing on December 15, 2006. ETA Form 9089 indicated a requirement of three months of experience in the job offered and that the job opportunity’s requirements were normal for the position. The CO issued an Audit Notification letter requesting evidence of recruitment and other required documentation. The Employer responded by submitting copies of its newspaper advertisements, as well as the other required documentation. Thereafter the CO denied certification because the newspaper advertisements offered terms and conditions of employment less favorable than those offered to the Alien, in violation of 20 C.F.R. §656.17(f)(7). Specifically, the advertisements contained criminal background checks, not listed on Form ETA 9089. The Employer responded by requesting reconsideration stating that it was amending Form ETA to attest to its requirement for a criminal background check, the employer amended the form by changing the answer in section H-12 from “yes” to “no”. The CO asserted that by amending its response to “NO” in Section H-12, the Employer did not indicate that a criminal background check was required. The CO issued a letter of reconsideration indicating that denial was proper because the newspaper advertisements offered terms and conditions of employment to the U.S. worker that were less favorable than those listed on ETA Form 9089 for the foreign worker.

PERM Regulation 20 C.F.R. § 656.17(f)(7) controls and it provides:

March 18, 2010

Updated Service Center Processing Times

by Kellie N. Lego

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on March 12, 2010 with processing dates as of January 31, 2010.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center