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Articles Posted in Employment Based Immigration

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BALCA Affirms Denial – NOF with Wage Equal to 99.51% of Prevailing Wage is Insufficient

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Purchasing Manager.” On Form ETA 9089 the Employer listed the offered wage and prevailing wage at $67,787.00 per year. An Audit…

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BALCA Reverses CO Decision – Employee Referral Program Sufficiently Documented

The Board of Alien Labor Certification Appeals (BALCA) recently reversed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Junior Trading Systems Developer.” On the Application for Permanent Employment Certification accepted by the CO on September 14, 2007, the Employer…

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MVP “Immigration Q & A Forum” – This Friday, June 10th, 2011

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer…

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USCIS Secure Mail Initiative

To help create a more safe, secure and timely way of delivering immigration documents, US Citizenship and Immigration Services (USCIS) recently implemented the Secure Mail Initiative (SMI). The new SMI was created through a partnership between USCIS and USPS which utilizes priority mail and delivery confirmation of permanent resident cards,…

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MVP LAW GROUP – Immigration Q&A Forum, Friday, May 27th, 2011

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create…

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BALCA Remands for Materiality Assessment of Section M-1

The Board of Alien Labor Certification Appeals (BALCA) recently remanded the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Baker.” In Section M-1 of Form 9089 where the employer is suppose to check whether they completed the application, the Employer…

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MVP “Immigration Q & A Forum” – This Friday, May 27th, 2011

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer…

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BALCA Affirmed Denial – Proof of Job Order Placement Required

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Maintenance and Repair Workers, General.” The Employer’s Application for Permanent Employment Certification was denied on August 28, 2007 by the CO…

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Updated Service Center Processing Times

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on May 17, 2011 with processing dates as of March 31, 2011. If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing…

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BALCA Affirmed – Must Document Employee Referral Program Recruitment Efforts

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Senior SAP Basis Technology Analyst.” In the Employer’s Application for Permanent Employment Certification, three additional recruitment steps were listed because the…

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