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H1B Visa Lawyer Blog

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April 2010 Visa Bulletin

The Department of State has released its latest Visa Bulletin. The April 2010 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 China and India. Already applied in EB3, thinking about…

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H-1B Visa Season Quickly Approaching – Get Your H-1B Cases Ready Now To File On April 1 for October 1, 2010 Start Date

H-1B Nonimmigrant Visa Petitions should be filed on April 1, 2010 for Fiscal Year 2011, which begins on October 1, 2010 and ends September 30, 2011. The U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B visa petitions for professionals that count against the FY2010 cap on April…

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BALCA upholds denial of Labor Certification – Employer Failed to Post Job Order for the Mandatory 30 day period

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Mixing and Blending Machine Setters, Operators & Tenders.” The employer filed a LC which was accepted for processing on May…

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The Natural State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Arkansas

The Natural State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Arkansas As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, we thought that it would be an appropriate time to provide some statistics on the…

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The Grand Canyon State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Arizona

The Grand Canyon State – Immigrants, Latinos and Asians are a Growing Economic and Political Force in Arizona As the American Immigration Lawyers Association (AILA) National Day of Action is swiftly approaching on March 25, 2010, we thought that it would be an appropriate time to provide some statistics on…

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BALCA upholds denial of Labor Certification – Employer Failed to Submit Proper Documentation to satisfy the Business Necessity Requirement

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Truck Driver.” The employer filed a LC which was accepted for processing on June 1, 2007. ETA Form 9089 indicated…

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ICE Serves Form I-9 Audit Notices to 180 Businesses in 5 States

U.S. Immigration and Customs Enforcement (ICE) launched a bold new audit initiative in 2009 to combat the problem of hiring of an illegal workforce. On March 2, 2010, 180 businesses in Louisiana, Mississippi, Alabama, Arkansas, and Tennessee were served with Notice of Inspections (NOIs) indicating that ICE would inspect their…

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Updated Administrative Appeals Office Processing Times

The Administrative Appeals Office (AAO) Processing Times were released on March 2, 2010 with processing dates as of March 1, 2010. If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case. Administrative Appeals Office The current processing time for…

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RECENT UPDATE on the Federalized Process for Obtaining PWD Requests

Effective January 21, 2010, the Department of Labor’s iCERT online system was updated to allow the submission of electronic prevailing wage determination requests. This electronic process was intended to allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore),…

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