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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 May 20th, 2011, 12,300 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap. As of May 20th, 2011,…

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BALCA Remands for Materiality Assessment of Section M-1

The Board of Alien Labor Certification Appeals (BALCA) recently remanded the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Baker.” In Section M-1 of Form 9089 where the employer is suppose to check whether they completed the application, the Employer…

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MVP “Immigration Q & A Forum” – This Friday, May 27th, 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 Affirmed Denial – Proof of Job Order Placement Required

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 “Maintenance and Repair Workers, General.” The Employer’s Application for Permanent Employment Certification was denied on August 28, 2007 by the CO…

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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 May 17, 2011 with processing dates as of March 31, 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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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 May 13th, 2011, 11,200 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap. As of May 13th, 2011,…

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BALCA Affirmed – Must Document Employee Referral Program Recruitment Efforts

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 “Senior SAP Basis Technology Analyst.” In the Employer’s Application for Permanent Employment Certification, three additional recruitment steps were listed because the…

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BALCA Vacates Denial in the Interest of Fundamental Fairness

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 “Practical Nurse.” After accepting the Employer’s Application for Permanent Certification on October 26, 2007, the CO issued an Audit Notification which…

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MVP LAW GROUP – Immigration Q&A Forum, Friday, May 13th, 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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BALCA Remands – Employer’s Job Search web advertisement met requirements of 20 CFR §656.17(f)

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 “Dentist.” The CO issued an Audit Notification on October 2, 2007 requesting additional documentation in regards to the Employer’s recruitment efforts.…

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