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Articles Posted in Immigration News

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BALCA Finds No Business Necessity for 2-Year Experience Requirement for Cook

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Cook.” On ETA Form 9089 the Employer listed 2 years as the minimum amount of experience required for the position. Certification…

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BALCA Questions Materiality of Omissions on the PERM Form

The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Baker.” Certification was denied by the CO who cited that ETA Form 9089 was incomplete; specifically section F-4 (skill level) and…

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BALCA Assesses Feasibility of Training a U.S. Worker

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Propagation Supervisor.” An Audit Notification was issued by the CO to the Employer requesting a copy of the job order placed…

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MVP LAW GROUP – Immigration Q&A Forum, Friday, June 24th, 2011

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create…

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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 June 13th, 2011 with processing dates as of April 30, 2011. 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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BALCA Remands – Evidence of Employer’s FEIN was Sufficient

The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Animal Trainers.” The Employer’s Application was denied by the CO who found the company to be illegitimate because the Employer did…

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LATEST UPDATE: H-1B FY2012 CAP COUNTS

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap. As of June 17th, 2011, 16,300 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap. As of June 17th, 2011,…

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MVP “Immigration Q & A Forum” – This Friday, June 24th, 2011

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer…

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BALCA Vacated Denial – Issue: Alternative Job Requirements

The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Programmer Analyst.” The position advertised listed the minimum level of education required as a bachelor’s degree in computer science, information systems…

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BALCA Affirms Denial – Issue: Alternative Job Requirements

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Product Manager.” Certification was denied by the CO who cited the applicant did not meet the position’s education requirements or the…

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