The Office of Special Counsel for Immigration-Related Unfair Employment Practices has recently comprised a list of various DO’S and DON’TS for Employers when utilizing the E-Verify program. DO…use E-Verify on all NEW employees, after they have completed Form I-9 DO…post required notices of the Employer’s participation in E-Verify DO…secure the…
H1B Visa Lawyer Blog
BALCA upholds denial of Labor Certification – Failure to provide documentation requested in Audit Notification Letter
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 “Cook.” The employer filed a LC on behalf of an alien worker and in November of 2007, the CO issued…
BALCA upholds denial of Labor Certification – AUDIT: Failure to provide Recruitment Report
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 “Beautician.” The employer filed a LC on behalf of an alien worker and in March of 2008, the CO issued…
Updated Service Centers Processing Times
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on July 15, 2009 with processing dates as of May 31, 2009. If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time…
August 2009 Visa Bulletin
The Department of State has released its latest Visa Bulletin. The August 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 August…
LATEST UPDATE – FY 2010 H-1B Cap Count
On July 8, 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 3rd, 2009, 45,000 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions…
Form I-9 Remains Valid beyond 6/30/09 expiration date
The United States Citizenship and Immigration Service (USCIS) recently announced that the 2/2/09 revision of Form I-9, which is currently located on the USCIS website will remain valid until futher notice. The version of the form currently on the website was set to expire on June 30, 2009. If you…
Clarification as to the FCCPT’s substantial equivalency of foreign-educated Physical Therapists (PT)
The Foreign Credentialing Commission on Physical Therapy (FCCPT) issued a letter clarifying its educational equivalency for foreign educated Physical Therapists in February of 2009. Recently, there has been much confusion over the issue. The FCCPT is the only entity authorized by the United States Citizenship and Immigration Service (USCIS) to…
BALCA vacates CO’s denial of Labor Certification involving Employer’s FEIN
The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Cook.” The employer filed a LC on behalf of an alien worker in February of 2006. In November of 2007,…
LATEST UPDATE – FY 2010 H-1B Cap Count
On June 30, 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 June 26, 2009, 44,800 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions…