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Articles Posted in Employment Based Immigration

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BALCA upholds denial of Labor Certification – AUDIT: Failure to provide Recruitment Report

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 “Beautician.” The employer filed a LC on behalf of an alien worker and in March of 2008, 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 July 15, 2009 with processing dates as of May 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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Clarification as to the FCCPT’s substantial equivalency of foreign-educated Physical Therapists (PT)

The Foreign Credentialing Commission on Physical Therapy (FCCPT) issued a letter clarifying its educational equivalency for foreign educated Physical Therapists in February of 2009. Recently, there has been much confusion over the issue. The FCCPT is the only entity authorized by the United States Citizenship and Immigration Service (USCIS) to…

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BALCA vacates CO’s denial of Labor Certification involving Employer’s FEIN

The Board of Alien Labor Certification Appeals (BALCA) recently vacated 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 in February of 2006. In November of 2007,…

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USCIS will resume Premium Processing for Form I-140, Immigrant Petition for Alien Worker beginning June 29, 2009

The United States Citizenship and Immigration Service (USCIS) has announced that effective June 29, 2009, it will resume the premium processing service for Form I-140, Immigrant Petition for Alien Worker. The following categories are eligible for premium processing: EB-1 Aliens with Extraordinary Ability EB-1 Outstanding Professors and Researchers EB-2 Member…

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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 June 15, 2009 with processing dates as of April 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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Legislation to Protect Orphans, Widows and Widowers Introduced by Senators Menendez (D-NJ), Gillibrand (D-NY), and Leahy (D-VT)

On Thursday, June 11, 2009, Senators Robert Menendez, Kirsten Gillibrand and Patrick Leahy introduced the Orphans, Widows and Widowers Protection Act (S. 1427). This legislation would provide essential immigration protections for those impacted by the death of a sponsoring relative. The legislation imposes specific requirements that must be followed for…

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USCIS Experiencing Production Delays

The United States Citizenship and Immigration Service (USCIS) has announced that they are experiencing delays in the production of permanent residence cards.The Service is in the process of updating its card production equipment. As of May 29, 2009, the Service announced that recipients may experience up to an eight (8)…

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BALCA upholds denial of Labor application – Employer failed to obtain a proper PWD

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 Marketing Consultant. In August of 2005, the Employer submitted a labor certification application on behalf of an alien worker. The…

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