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Articles Posted in Employment Based Immigration

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BALCA upholds denial of Labor application – Employer failed to comply with PERM regulations

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 Stone Carver. The Employer submitted an application and it was accepted for processing on August 17, 2006. The Employer indicated…

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BALCA upholds denial of Labor application – Employer failed to comply with Prevailing Wage Determination Instructions

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 Cook, Private Household. The Employer submitted the application by mail. The application was accepted for processing in January of 2006.…

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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 May 15, 2009 with processing dates as of March 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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June 2009 Visa Bulletin

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

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BALCA affirms denial of Labor application – Employer Failed to Comply with Notice of Filing requirements

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 Purchasing Manager. The Employer filed an ETA Form 9089, Application for Labor Certification on behalf of the beneficiary. The position…

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BALCA affirms denial of Labor application – Lack of Employer’s Name on Notice of Filing is not harmless error

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 Stone Inspector. The Employer filed an ETA Form 9089, Application for Labor Certification on behalf of the beneficiary. In February…

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BALCA vacates denial of Labor application – Lack of Kellogg Language would offend fundamental fairness and procedural due process

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 Computer Systems Analyst. Accordingly, the Board directed the CO to grant certification. This LC was filed prior to the effective…

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USCIS revises filing requirements and mailing address for Form I-90, Application to Replace Permanent Resident Card

The United States Citizenship and Immigration Service (USCIS) announced on April 27, 2009 that they have made minor changes to the process of applying for a replacement Permanent Resident card. These changes apply to all applicants applying via paper form, including those applying because their previously issued card was never…

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In Lieu of Recent BALCA Decisions, a Message from the MVP Law Group, P.A.

It has come to our attention that many Permanent Labor Certification Applications are being denied by the Department of Labor (DOL) for several reasons, some of which could be avoided by having competent counsel. It is important to have an Experienced Attorney who is familiar and thorough when completing and…

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BALCA upholds denial of Labor application – Did Not Comply with “Notice of Filing” Requirements

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 Chef. In May of 2006, the CO issued an Audit Notification letter. The CO requested that the Employer submit its…

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