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Articles Posted in nonimmigrant visas

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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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Administrative Appeals Office Processing Times

The Administrative Appeals Office (AAO) released its time report on March 18, 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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EAWA and its effect upon H-1B petitions (TARP RECIPENTS)

The United States Citizenship and Immigration Service (USCIS) recently released some guidance regarding the Stimulus Bill, which contains the “Employ American Worker Act” (EAWA) and its effect upon the H-1B visa petition. If the company was a recipient of the funds distributed through the Trouble Asset Relief Program (TARP), EAWA…

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Labor Department To Implement New Online Application System

The Department of Labor will soon implement a new integrated online system – known as the iCert Portal – through which employers will submit applications for permanent labor certification, labor condition applications (LCAs) and other applications for immigration-related DOL programs. In addition, the agency will introduce new editions of Form…

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2009 – The Year of Immigration Compliance

Tighter government oversight over the H-1B visa program and permanent employment-based immigration expected. On October 8, 2008, the U.S. Citizenship & Immigration Service (USCIS) released a report that 13% of all H-1B petitions filed on behalf of U.S. employers are fraudulent. The same report also stated that another 7% of…

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ALJ Finds H-1B Employer liable for Back Wages and Retaliatory Discharge

An Administrative Law Judge (ALJ) of the Department of Labor (DOL) recently ordered the employer of an IT company to pay the alien beneficiary’s unpaid salary for the full term of the H-1B visa with interest, an amount for his monthly health, dental and vision insurance benefits, an amount for…

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All H-1B Cap EXEMPT visa petitions should be filed with the California Service Center

Employers who are filing H-1B cap exempt visa petitions including extension petitions must file those petitions with the California Service Center (CSC). Additionally, please note that any H-1B cap exempt and extension petitions mistakenly sent to the Vermont Service Center (VSC) will be REJECTED. H-1B “Cap EXEMPT” petitions include petitions…

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Accepted Documentation to Demonstrate H-1B Beneficiary has Completed Degree Requirements

The California Service Center (CSC) has issued a statement regarding what type of documentation is sufficient proof that an H-1B beneficiary has completed the requisite degree requirements for the specialty occupation. The documentation that may be submitted to satisfy the degree requirements includes: (1) a final transcript; (2) a letter…

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Award of Payment of Back Wages to VA Aliens Hired under the H-1B Program is BARRED by U.S. Federal Government’s Sovereign Immunity

The Department of Labor (DOL) determined that the Department of Veteran’s Affairs (VA) failed to pay the prevailing wage to eleven alien physicians employed by VA hospitals pursuant to the H-1B visa program. The H-1B is an employment based nonimmigrant visa that enables United States employers to seek highly skilled…

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