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H1B Visa Lawyer Blog

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BALCA Finds CO’s Claim that ETA 9089 was Incomplete Untenable

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 “Computer Software Engineer.” The CO denied the application stating that the Labor application is incomplete and inconsistent with the submitted information from the employer and…

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Memorial Day

“This weekend, folks across the country are opening up the pool, firing up the grill, and taking a well-earned moment to relax. But Memorial Day is more than a three-day weekend. In town squares and national cemeteries, in public services and moments of quiet reflection, we will honor those who…

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BALCA Indicates that ETA 9089 Errors Might Be Addressed in Audit

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 “R & D Manager/Chemist.” After receiving and reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. The Employer responded with…

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Administrative Appeals Office (AAO) Processing Times – 5/1/14

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of 5/1/14. If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case. Administrative Appeals Office The processing time for an I-129 H-1B Appeal is current; for an…

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BALCA Finds Omission of Notarized Statement in Audit Response Immaterial

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 “Indian Vegetarian Cook.” After receiving and reviewing the Employer’s Application for Permanent Labor Certification, the CO issued an Audit. He directed the Employer to present…

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DHS Proposes Reforms to Attract and Retain Highly Skilled Immigrants

The Department of Homeland Security (DHS) issued an announcement proposing two new rules aimed at attracting and retaining highly skilled workers. Comments on the proposed rules are due by July 11, 2014. Rule #1 (Extend employment authorization to spouses of certain H-1B workers) The first rule would grant employment authorization…

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