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 “Assistant Manager.” The Employer originally stated on the ETA Form 9098 that the position required a high school education and 24…
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 September 17, 2010, 38,300 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap. As of September 17, 2010,…
Senate Majority Leader Harry Reid (D-NV) proposed the DREAM Act as an amendment to the Defense Authorization Bill which would allow students living in the US for at least five years before reaching age 16 to obtain a green card after college or service in the military. Senator Reid wrote…
The Fourteenth Amendment to the Constitution guarantees the right that any person born in the United States is a citizen no matter the status of their parents. Over the years the Supreme Court has upheld birthright citizenship in cases like Plyler v. Doe and Unites States v. Wong Kim Ark.…
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on September 15, 2010 with processing dates as of July 31, 2010. If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing…
Question #1 – Employment Based Immigration – Green Card – EAD Renewal I filed for my EAD renewal back in August 2010 and it is still pending. My current EAD expires next week. What are my options moving forward – can I expedite the EAD since my card is expiring?…
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 September 10, 2010, 37,400 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap. As of September 10, 2010,…
MVP “Q & A Forum” – This Friday, September 17, 2010 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…
The Department of State has released its latest Visa Bulletin. Click here to view the October 2010 Visa Bulletin. The October 2010 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…
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification for an alien worker for the position of “Programmer.” An Audit Notification was issued on September 11, 2007 for the purpose…