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H1B Visa Lawyer Blog

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BALCA reverses denial of Labor Certification – Employer Omissions on ETA Form 9089 were not material as other information provided on the Form answered the essential question posed by the Form

The Board of Alien Labor Certification Appeals (BALCA) recently reversed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Household Assistant. The employer filed a LC which was accepted for processing on June 5, 2006. On September 20th, the…

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Attorney General Cuomo Filed Suit Against Two Immigration Services Organizations for Providing Fraudulent Services

On January 14, 2010, Attorney General Andrew M. Cuomo obtained a temporary restraining order against the International Immigrants Foundation, Inc. (“IIF”), International Professional Association, Inc. (“IPA”), and their President Edward Juarez. As a result of the order, the organizations must refrain from providing immigration services and from soliciting new clients.…

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USCIS Director issues a Response to Recommendation 43, Temporary Acceptance of Filed Labor Condition Applications for Certain H-1B Filings

The Director of the United States Citizenship and Immigration Service (USCIS), Alejandro Mayorkas has recently issued a response to the recommendations of the Citizenship and Immigration Services Ombudsman regarding the temporary acceptance of Labor Condition Applications (LCAs) for certain H-1B filings. Until March 9, 2010, the USCIS Service Centers will…

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Updated Administrative Appeals Office Processing Times

The Administrative Appeals Office (AAO) Processing Times were released on January 28, 2010 with processing dates as of January 4, 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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Filing an H-1B nonimmigrant cap/transfer/extension/amended visa petition after the release of the “MEMO”

In support of an H-1B petition, a petitioner must not only establish that the beneficiary is coming to the United States temporarily to work in a specialty occupation but the petitioner must also satisfy the requirement of being a U.S. employer by establishing that a valid employer-employee relationship exists between…

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Updated Service Center Processing Times

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on January 15, 2010 with processing dates as of November 30, 2009. If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing…

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Reported Advance Parole Document Validity Date Error

FYI – The American Immigration Lawyers Association (AILA) has reported a glitch in the issuance of Advance Parole Documents during the first part of January 2010. The date of issuance on the documents is noted as January 1990 instead of 2010. USCIS has identified all of the cases in which…

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EAD and Advance Parole Renewal SPECIAL continued – Valid until 1/31/2010

$450 flat fee (no admin fee) for filing both EAD and Advance Parole per applicant OR $200 + $50(admin fee) if filing either EAD or Advance Parole separately Our normal legal fees are $250 + $50(admin fee) per application **If an RFE is received, an additional legal fee will be…

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UPDATE on the Federalized Process for Obtaining PWD Requests

Effective January 21, 2010, the Department of Labor’s iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will 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), H-1C,…

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Updated List: SEVP Approved Schools

The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools . The schools listed have all been certified to participate in the program. The program allows foreign students interested in obtaining an education in the United States to complete…

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