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Articles Posted in Immigration News

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Colombians Sentenced to Alien Smuggling and Visa Fraud

Heilber Toro Mejia, Humberto Toro Mejia, and Luz Elena Acuna Rios of Bogota were found guilty of conspiracy to smuggle aliens and conspiracy to commit visa fraud. They were sentenced to 23 months in prison following an investigation by US Immigration and Customs Enforcement (ICE) Office of Homeland Security (HSI)…

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Nigerian Man Stripped of U.S. Citizenship

After an investigation led by U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigation (HSI) Ibraheem Adeneye, a Nigerian native, was stripped of his US citizenship on December 6. His citizenship was revoked after being convicted of marriage fraud, naturalization fraud, and giving false statements to a federal…

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BALCA Affirms Final Determination of CO – Computer Software Engineer

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 “Computer Software Engineer.” The Employer’s Labor Application was accepted by the CO on July 26, 2007, where the prevailing wage was…

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The New Export Control Attestation Requirement on the New Form I-129

Please note that USCIS now requires employers filing Form I-129 for H, L, and O visa status on behalf of foreign nationals to certify that they have (1) reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), and (2) have made a determination as to…

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BALCA Vacated CO determination – Violation of Due Process

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 “Pharmacist.” The CO accepted the Employer’s Application for Permanent Employment Certification which stated the job required a bachelor’s degree in Pharmacy…

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Third Conspirator Sentenced in 55 Million Dollar Visa Fraud Scheme

Following an investigation by the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI) Florida resident, Eduardo Dozzi Barbugli, was convicted of visa fraud, alien smuggling, and conspiracy. ICE HSI sentenced Barbugli to 20 months in federal prison on December 1 and he was also ordered to…

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LATEST UPDATE: H-1B FY2011 CAP COUNT

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 December 17th, 2010, 53,900 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap. As of December 17th, 2010,…

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Monthly Determination of Employment Preference Cut-Off Dates

Each month, annual preferences and foreign state limitations are subdivided by the Visa Office into monthly portions based on the applicants reported at consular posts and CIS Offices. If there is a sufficient amount of visas in a category to supply the demand then that category is considered “current” but…

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BALCA Grants Reconsideration – CO Abused Discretion

The Board of Alien Labor Certification Appeals (BALCA) recently granted an Employer reconsideration for a case in which the CO originally denied labor certification (LC) for an alien worker for the position of “Care Taker-Ranch Hand.” After the Employer filed an LC on June 5, 2009 on behalf of an…

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Green Card Lottery: 15 Million Entries for ONLY 50,000 Green Cards

This year a record number of 15 million foreign applicants entered the green card lottery system which only hands out 50,000 green cards each year. The lottery program was established by the State Department back in 1990. Participation in the lottery has grown steadily as people in the developing word…

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