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Articles Posted in Employment Based Immigration

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March 2010 Visa Bulletin

The Department of State has released its latest Visa Bulletin. The March 2010 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India. Already applied in EB3, thinking about…

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BALCA reverses denial of Labor Certification – Employer Omissions on ETA Form 9089 were not material as other information provided on the Form answered the essential question posed by the Form

The Board of Alien Labor Certification Appeals (BALCA) recently reversed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Household Assistant. The employer filed a LC which was accepted for processing on June 5, 2006. On September 20th, the…

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Updated Administrative Appeals Office Processing Times

The Administrative Appeals Office (AAO) Processing Times were released on January 28, 2010 with processing dates as of January 4, 2010. If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case. Administrative Appeals Office The current processing time for…

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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 January 15, 2010 with processing dates as of November 30, 2009. 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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Reported Advance Parole Document Validity Date Error

FYI – The American Immigration Lawyers Association (AILA) has reported a glitch in the issuance of Advance Parole Documents during the first part of January 2010. The date of issuance on the documents is noted as January 1990 instead of 2010. USCIS has identified all of the cases in which…

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EAD and Advance Parole Renewal SPECIAL continued – Valid until 1/31/2010

$450 flat fee (no admin fee) for filing both EAD and Advance Parole per applicant OR $200 + $50(admin fee) if filing either EAD or Advance Parole separately Our normal legal fees are $250 + $50(admin fee) per application **If an RFE is received, an additional legal fee will be…

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UPDATE on the Federalized Process for Obtaining PWD Requests

Effective January 21, 2010, the Department of Labor’s iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will 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,…

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BALCA upholds denial of Labor Certification – Employer Failed to Timely Address Business Necessity Issue

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 “Dental Assistant.” The employer filed a LC which was accepted for processing on January 16, 2007. ETA Form 9089 indicated…

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February 2010 Visa Bulletin

The Department of State has released its latest Visa Bulletin. The February 2010 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India. Already applied in EB3, thinking about…

Updated:

Updated Administrative Appeals Office Processing Times

The Administrative Appeals Office (AAO) Processing Times were released on December 31, 2009 with processing dates as of December 2, 2009 If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case. Administrative Appeals Office The current processing time for…

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