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H1B Visa Lawyer Blog

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Issue: Where an Employer receives two different PWDs based on its primary and alternative minimum requirements, which PWD must the employer use?

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 “Programmer Analyst.” The Employer listed the minimum requirements as a Bachelors degree plus 5 years of experience in the position offered,…

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MVP LAW GROUP – Immigration Q&A Forum, Friday, August 5th, 2011

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create…

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LATEST UPDATE: H-1B FY2012 CAP COUNTS

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 July 29, 2011, 22,700 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap. As of July 29, 2011,…

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Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the “Employee-Employer Relationship” in H-1B Petitions

Introduction U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. The…

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MythBuster: Did the Obama Administration grant amnesty on June 17?

On June 17, Immigration and Customs Enforcement (ICE) issued a new policy entitled “Exercising Prosecutorial Discretion…” clarifying how immigration officials should focus on the agency’s key priorities to pursue criminal immigrants who pose real threats to public safety and national security. Commentators, including a member of Congress and the union…

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MVP “Immigration Q & A Forum” – This Friday, August 5th, 2011

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 those questions and provide the Q&A on our H-1B Visa Lawyer…

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Changing Your Address with USCIS/DOS/EOIR/BIA

Changing an address with the various Federal immigration agencies can be confusing, and failure to properly make an address change can lead to denials and other adverse immigration consequences. The Ombudsman’s Office encourages immigration benefits applicants and petitioners to promptly notify U.S. Citizenship and Immigration Services (USCIS), the Executive Office…

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LATEST UPDATE: H-1B FY2012 CAP COUNTS

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 July 22, 2011, 21,600 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap. As of July 22, 2011,…

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DOL Experiencing Delays in Processing Prevailing Wage Determinations

AILA members have reported receiving the following e-mail message from the DOL National Prevailing Wage Center (NPWC) in response to inquiries into the status of prevailing wage requests: Thank you for your inquiry. The NPWC is currently experiencing delays in processing prevailing wage determinations as it is working to reissue…

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MVP LAW GROUP – Immigration Q&A Forum, Friday, July 22nd, 2011

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create…

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