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Administrative Appeals Office Processing Times

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of February 1, 2011. If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case. Administrative Appeals Office The current processing time for an I-129 H-1B Appeal…

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BALCA Remands Finding Evidence of Job Order Placement Sufficient

The Board of Alien Labor Certification Appeals (BALCA) recently vacated and remanded the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the nonprofessional position of “Baker.” The Employer’s application was accepted for processing on May 2, 2007 but later denied by the CO…

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H-1B Visa Season Quickly Approaching – Get Your H-1B Cases Ready Now To File On April 1 for October 1, 2011 Start Date

H-1B Nonimmigrant Visa Petitions should be filed on April 1, 2011 for Fiscal Year 2012, which begins on October 1, 2011 and ends September 30, 2012. The U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B visa petitions for professionals that count against the FY2012 cap on April…

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BALCA Affirms CO’s Denial – NOF Did Not Provide “Offered Wage”

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 Immigration Paralegal.” The Employer’s Application was originally accepted by the CO on August 22, 2007 on which the Employer had…

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MVP LAW GROUP – Immigration Q&A Forum, Friday, February 4, 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 Affirms CO’s Denial – Employer Website Posting Insufficient

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 “Applications Engineer.” The Employer’s Application was accepted by the CO on October 10, 2007 and listed that the Employer had advertised…

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Congratulations on Becoming a U.S. Citizen

After taking the oath and becoming a Unites States Citizen (USC), it is important to be aware of the newfound rights and responsibilities that come along with Citizenship. All American citizens enjoy the following rights: freedom of expression and worship, right to vote in elections, right to a just and…

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BALCA Affirms CO’s Denial – NOF Contained A Wage Less Than That Offered to the Alien

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 “Production Planning/Scheduling Manager.” The Employer listed the offered wage for the position as $67,000 per year and required a Master’s degree…

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Alternatives to the H-1B Visa for Individuals who did not make the H-1B Quota

Now that all of the new H-1B visas for the 2011 Fiscal Year have been allocated, What options do Employers who are looking to hire Foreign National Professionals have? Here are some creative solutions to this problem: O-1 Visa The O-1 visa is suited for individuals of extraordinary ability or…

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UPDATE – FY2011 H-1B CAP REACHED

The United States Citizenship and Immigration Service (USCIS) has received sufficient H-1B petitions to reach the statutory cap of 65,000 for FY2010. New H-1B Petitions filed after January 26, 2011 seeking an employment start date in FY2011 will be rejected by USCIS. Stay posted to MVP Law Group for H-1B…

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