On August 19, 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 14, 2009, 45,000 H-1B cap subject nonimmigrant visa petitions have been accepted by USCIS. USCIS has advised that they will continue to…
H1B Visa Lawyer Blog
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…
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…
September 2009 Visa Bulletin
The Department of State has released its latest Visa Bulletin. The September 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 September…
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…
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…
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…
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…
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…
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…