On Wednesday, May 20, 2009, Senators Edward Kennedy, Robert Menendez, Charles Schumer, and Kirsten Gillibrand introduced the Reuniting Families Act (S. 1085). This legislation would amend the Immigration and Nationality Act/Family Based Immigration System by promoting family unity among other important purposes. The legislation is intended to help families unite…
H1B Visa Lawyer Blog
BALCA upholds denial of Labor application – Employer failed to comply with Notice of Filing requirements
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Slitting Supervisor. The labor certification application was accepted by the CO in October of 2005. A few months later, the…
UPDATE – FY 2010 H-1B Cap Count
On May 26, 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 May 22, 2009, USCIS has received 45,700 H-1B cap subject nonimmigrant visa petitions. USCIS has advised that they will continue to accept petitions…
BALCA upholds denial of Labor application – Employer failed to obtain a proper PWD
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Marketing Consultant. In August of 2005, the Employer submitted a labor certification application on behalf of an alien worker. The…
BALCA upholds denial of Labor application – Employer failed to comply with PERM regulations
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Stone Carver. The Employer submitted an application and it was accepted for processing on August 17, 2006. The Employer indicated…
BALCA upholds denial of Labor application – Employer failed to comply with Prevailing Wage Determination Instructions
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Cook, Private Household. The Employer submitted the application by mail. The application was accepted for processing in January of 2006.…
Updated Service Centers Processing Times
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on May 15, 2009 with processing dates as of March 31, 2009. If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time…
UPDATE – DOL will keep old LCA System operational through June 30, 2009
The Department of Labor (DOL) has informed a liaison of the American Immigration Lawyers Association (AILA) that they will continue to keep the old Labor Condition Application (LCA) system operable for a specified time. The reasons behind allowing the old LCA system to remain operational through June 30, 2009 are…
June 2009 Visa Bulletin
The Department of State has released its latest Visa Bulletin. The June 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 June…
Administrative Appeals Office Processing Times
The Administrative Appeals Office (AAO) released its time report on May 1, 2009 with updated processing times for all types of cases accepted by its Office. If you filed an appeal, please review the link below to determine the applicable processing time associated with your case. Administrative Appeals Office If…