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H1B Visa Lawyer Blog

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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 June 17th, 2011, 16,300 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap. As of June 17th, 2011,…

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MVP “Immigration Q & A Forum” – This Friday, June 24th, 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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BALCA Vacated Denial – Issue: Alternative Job Requirements

The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Programmer Analyst.” The position advertised listed the minimum level of education required as a bachelor’s degree in computer science, information systems…

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BALCA Affirms Denial – Issue: Alternative Job Requirements

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 “Product Manager.” Certification was denied by the CO who cited the applicant did not meet the position’s education requirements or the…

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BALCA Affirms Denial – Lack of Evidence of Ability to Pay

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 “Software Engineer.” The Employer was issued an Audit Notification by the CO who requested additional documentation of recruitment as well as…

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MVP LAW GROUP – Immigration Q&A Forum, Friday, June 10th, 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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July 2011 Visa Bulletin

The Department of State has released its latest Visa Bulletin. Click here to view the July 2011 Visa Bulletin. The July 2011 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for…

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BALCA Affirms Denial – NOF with Wage Equal to 99.51% of Prevailing Wage is Insufficient

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 “Purchasing Manager.” On Form ETA 9089 the Employer listed the offered wage and prevailing wage at $67,787.00 per year. An Audit…

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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 June 1st, 2011, 13,600 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap. As of June 1st, 2011,…

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BALCA Reverses CO Decision – Employee Referral Program Sufficiently Documented

The Board of Alien Labor Certification Appeals (BALCA) recently reversed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Junior Trading Systems Developer.” On the Application for Permanent Employment Certification accepted by the CO on September 14, 2007, the Employer…

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