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H1B Visa Lawyer Blog

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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 August 14, 2009 with processing dates as of June 30, 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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BALCA upholds denial of Labor Certification – PERM: Recruitment not conducted in accordance with Regulations

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 “Dietitian and Nutritionist.” The employer filed a LC on behalf of an alien worker in December of 2006, where the…

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LATEST UPDATE – FY 2010 H-1B Cap Count

On July 31, 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 July 24th, 2009, 44,900 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions…

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BALCA upholds denial of Labor Certification – PERM: Failure to Prove Business Necessity

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 “Supervisor/Service Manager.” The employer filed a LC requiring seven years of experience in the job offered, and the case was…

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BALCA upholds denial of Labor Certification – PERM: Professional and nonprofessional position recruitment

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 “Assistant Director.” The employer filed a LC on behalf of an alien worker in August of 2006, where the Employer…

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BALCA upholds denial of Labor Certification – PERM: Failure to follow Recruitment time restrictions for filing

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 “Accounting/Bookkeeping Assistant.” On March 2, 2007, the employer filed a LC on behalf of an alien worker, indicating that the…

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BALCA upholds denial of Labor Certification – PERM: Failure to follow Newspaper Advertisement Regulations

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 “Food Preparation Worker.” The employer filed a LC and had checked the box on Form 9089 indicating that there was…

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BALCA upholds denial of Labor Certification – Newspaper Advertisement omitted Employer’s Name

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 “Brickmason.” The employer filed a LC on behalf of an alien worker and in October of 2007, the CO issued…

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