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Articles Posted in Employment Based Immigration

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BALCA upholds denial of Labor Certification – FEIN Discrepancy

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 Electrical Helper. The employer filed a LC on behalf of an alien worker and in November of 2007, the CO…

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November 2009 Visa Bulletin

The Department of State has released its latest Visa Bulletin. The November 2009 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. Click here to view the November…

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BALCA upholds denial of Labor Certification – Application Filed Less Than 30 Days After Job Order Ended

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 “Care Provider.” The employer filed an application for LC which was accepted for processing on January 30, 2008. On February…

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USCIS Extends Information Collection for Form I-140

The United States Citizenship and Immigration Services (USCIS) has extended information collection for Form I-140, Immigrant Petition for Alien Worker until October 28, 2009. During this period, USCIS will be evaluating whether to revise Form I-140. Members of the public are encouraged to submit comments and/or suggestions to USCIS, especially…

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Updated Administrative Appeals Office Processing Times

The Administrative Appeals Office (AAO) Processing Times were released on October 1, 2009 with processing dates as of October 1, 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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BALCA upholds denial of Labor Certification – Job Order Placement Period Insufficient

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 “Financial Manager.” The employer filed an application for LC which was accepted for processing on April 12, 2007. Form 9089…

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Q&A with USCIS regarding Pending Employment Based I-485 Petitions

Do you have questions about the status of your pending Employment Based I-485 Petition? Hopefully the Q&A created by the USCIS will help ease your frustration and answer some of your questions. Following the Q&A are I-485 Employment Based Inventory Statistics, which provide an explanation as to how to interpret…

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BALCA upholds denial of Labor Certification – Notice of Posting Inadequate

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 “Specialty Cook/Italian.” The employer filed a LC which was accepted for processing on June 13, 2006. Thereafter, the CO issued…

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Updated Service Centers Processing Times

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on September 14, 2009 with processing dates as of July 31, 2009. If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time…

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