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H1B Visa Lawyer Blog

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BALCA Says Attempts to Explain NOF Deficiencies Are Almost Certainly Destined to Fail

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Director of Sales.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification of the application for multiple reasons. Most…

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Reminder – Alternatives to the H-1B Visa for Individuals who did not make the FY2020 H-1B Quota

Now that all of the new H-1B visas for the 2020 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: OPT – STEM Extension If the company is registered for E-Verify, the database…

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AAO Processing Times – FY 2019 2nd Quarter – Rel. 4/15/19

The Administrative Appeals Office (AAO) provides an updated ‘processing times’ in table form, with information on FY2019 second quarterly completions; January 2019 to March 2019. These figures indicate the time that it takes from the date the case is received at AAO coming from the Service Center or District Office…

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BALCA Reverses Denial Where CO Failed to Timely Rule on Motion

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Electrical Helper.” Procedural Case History – Case was originally accepted by DOL on December 3, 2007. June 11, 2008 CO denied certification. Appeal File was…

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