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Articles Posted in Immigration News

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BALCA upholds denial of Labor application – Did Not Comply with “Notice of Filing” Requirements

The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Chef. In May of 2006, the CO issued an Audit Notification letter. The CO requested that the Employer submit its…

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Updated Service Centers Processing Times

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on April 16, 2009 with processing dates as of February 28, 2009. If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time…

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REMINDER to all U.S. Employers – Use Updated Form I-9

As of April 3, 2009, the United States Citizenship and Immigration Services (USCIS) indicated that U.S. employers should no longer be using outdated versions of Form I-9. The updated Form I-9 has been available in English and Spanish via the USCIS website since it was revised in February. Instructions for…

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H-1B Visa Program and TARP recipients – Ongoing Issues

According to the American Immigration Lawyers Association (AILA), several United States Citizenship and Immigration Service (USCIS) service centers have begun to issue Requests for Additional Evidence (RFEs) for all H-1B petitioning employers who did not include the TARP recipient funding page of Form I-129, Data Collection with their H-1B FY…

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H-1B Demand for FY 2010 – Updates

Regular Petitions Subject to Cap As of April 9, 2009, the United States Citizenship and Immigration Services (USCIS) have received approximately 42, 000 H-1B nonimmigrant petitions counting toward the congressionally mandated 65,000 cap. The USCIS has indicated that they will continue to accept H-1B petitions subject to the cap. Advanced…

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Administrative Appeals Office Processing Times

The Administrative Appeals Office (AAO) released its time report on April 1, 2009 with updated processing times for all types of cases accepted by its Office. If you filed an appeal, please review the link below to determine the applicable processing time associated with your case. Administrative Appeals Office If…

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Illinois Act deemed invalid by U.S. District Court

E-Verify is a federal program in which employers may voluntarily sign up electronically to be able to identify the employment eligibility of new hires against federal databases in a matter of minutes. How it works: An employer requests that a new hire complete Form I-9, and with the information provided…

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GAO Report unveils significant vulnerabilities in the Department of State’s Passport Issuance Process

The United States Government Accountability Office (GAO) conducted an investigation from May 2008 through March 2009 which showed that terrorists or criminals could steal an American citizen’s identity, use basic counterfeiting skills to create fraudulent documentation for that identity, and obtain a genuine U.S. passport from the Department of State…

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USCIS released UPDATED Form I-9 EMPLOYER HANDBOOK

The United States Citizenship and Immigration Service (USCIS) recently released the updated version of the Form I-9 Employer Handbook. The handbook provides the basic steps involved with a new hire, including the forms that must be completed, what documents are acceptable and step-by-step directions on how to correctly complete Form…

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