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H1B Visa Lawyer Blog

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ICE Investigation results in fine of $450,000 for hiring illegal aliens

After an investigation conducted by U.S. Immigration and Customs Enforcement (ICE), the Social Security Administration’s Office of Inspector General, the Missouri State Highway Patrol, the U.S. Marshals Service and the U.S. Department of Agriculture, a Missouri poultry processing plant paid $450,000 in fines as part of a settlement agreement for…

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Updated Service Centers Processing Times

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on September 14, 2009 with processing dates as of July 31, 2009. If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time…

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October 2009 Visa Bulletin

The Department of State has released its latest Visa Bulletin. The October 2009 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. Click here to view the October…

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Expiration Date for Form I-9 will remain valid until 8/31/2012

The United States Citizenship and Immigration Service (USCIS) recently announced that the 8/7/2009 revision of Form I-9, which is currently located on the USCIS website will remain valid until 8/31/2012. U.S. employers should no longer be using outdated versions of Form I-9. However, the Service has indicated that employers may…

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Federal Contractors & Subcontractors MUST use E-Verify beginning TODAY!

Beginning September 8, 2009, all Federal Contractors and Subcontractors who enter into contracts on and after September 8, 2009 must be enrolled in the online E-Verify work authorization program. The E-Verify program is a free optional web based employment verification program that verify’s employee’s employment eligibility by submitting key information…

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LATEST UPDATE – FY 2010 H-1B Cap Count

On September 4, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap. As of August 28, 2009, 45,100 H-1B cap subject nonimmigrant visa petitions have been accepted by USCIS. The Service has advised that they will continue…

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H-1B Employee Questionnaire issued by the DOL Wage and Hour Division

The Department of Labor (DOL) Wage and Hour Division has recently issued an H-1B Employee Questionnaire that covers issues dealing with H-1B employment such as wages and deductions, working conditions, termination, and more… This questionnaire has been sent via email by the DOL to an H-1B Employee, and provides that…

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BALCA upholds denial of Labor Certification – Employer Submitted Labor less than 30 days after end of SWA job order

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 “Office Clerk, General.” The employer filed a LC which was accepted for processing on October 16, 2006. Form ETA 9089…

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BALCA upholds denial of Labor Certification – Notice of Filing failed to provide “Rate of Pay”

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 “Computer Software Engineer, Applications.” The employer filed a LC on behalf of an alien worker and in June of 2007,…

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FYI – Tips for I-131 Re-entry Permits

According to a recent AILA Liaison Committee meeting, I-485, Adjustment of Status applicants who intend to file for their second or subsequent I-131 reentry permit should file with 30 days or less remaining on the previous valid I-131 document…otherwise an RFE will most likely be issued asking for the valid…

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