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Articles Posted in Employment Based Immigration

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October 2009 Visa Bulletin

The Department of State has released its latest Visa Bulletin. The October 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 October…

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BALCA upholds denial of Labor Certification – Employer Submitted Labor less than 30 days after end of SWA job order

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 “Office Clerk, General.” The employer filed a LC which was accepted for processing on October 16, 2006. Form ETA 9089…

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FYI – Tips for I-131 Re-entry Permits

According to a recent AILA Liaison Committee meeting, I-485, Adjustment of Status applicants who intend to file for their second or subsequent I-131 reentry permit should file with 30 days or less remaining on the previous valid I-131 document…otherwise an RFE will most likely be issued asking for the valid…

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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 August 14, 2009 with processing dates as of June 30, 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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BALCA upholds denial of Labor Certification – PERM: Failure to Prove Business Necessity

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 “Supervisor/Service Manager.” The employer filed a LC requiring seven years of experience in the job offered, and the case was…

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BALCA upholds denial of Labor Certification – PERM: Professional and nonprofessional position recruitment

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 “Assistant Director.” The employer filed a LC on behalf of an alien worker in August of 2006, where the Employer…

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BALCA upholds denial of Labor Certification – PERM: Failure to follow Recruitment time restrictions for filing

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 “Accounting/Bookkeeping Assistant.” On March 2, 2007, the employer filed a LC on behalf of an alien worker, indicating that the…

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BALCA upholds denial of Labor Certification – PERM: Failure to follow Newspaper Advertisement Regulations

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 “Food Preparation Worker.” The employer filed a LC and had checked the box on Form 9089 indicating that there was…

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BALCA upholds denial of Labor Certification – Newspaper Advertisement omitted Employer’s Name

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 “Brickmason.” The employer filed a LC on behalf of an alien worker and in October of 2007, the CO issued…

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BALCA upholds denial of Labor Certification – Failure to provide documentation requested in Audit Notification Letter

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 “Cook.” The employer filed a LC on behalf of an alien worker and in November of 2007, the CO issued…

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