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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 May 13th, 2011, 11,200 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap. As of May 13th, 2011,…

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BALCA Affirmed – Must Document Employee Referral Program Recruitment Efforts

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 “Senior SAP Basis Technology Analyst.” In the Employer’s Application for Permanent Employment Certification, three additional recruitment steps were listed because the…

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BALCA Vacates Denial in the Interest of Fundamental Fairness

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 “Practical Nurse.” After accepting the Employer’s Application for Permanent Certification on October 26, 2007, the CO issued an Audit Notification which…

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June 2011 Visa Bulletin

The Department of State has released its latest Visa Bulletin. Click here to view the June 2011 Visa Bulletin. The June 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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MVP LAW GROUP – Immigration Q&A Forum, Friday, May 13th, 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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BALCA Remands – Employer’s Job Search web advertisement met requirements of 20 CFR §656.17(f)

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 “Dentist.” The CO issued an Audit Notification on October 2, 2007 requesting additional documentation in regards to the Employer’s recruitment efforts.…

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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 May 6th, 2011, 10,200 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap. As of May 6th, 2011,…

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BALCA Finds SWA Job Order Must Comply with §656.17(f)

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 “High School Science Teacher.” After the Employer neglected to respond to an Audit Notification, the CO denied certification on February 27,…

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MVP “Immigration Q & A Forum” – This Friday, May 13th, 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 Affirmed Denial – Evidence of Recruitment with Private Employment Firms

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 “Senior Software Engineer.” On the Employer’s Application for Permanent Employment Certification, three additional types of recruitment were listed because the job…

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