On May 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. USCIS has received 45,000 H-1B nonimmigrant visa petitions. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS…
H1B Visa Lawyer Blog
BALCA affirms denial of Labor application – Employer Failed to Comply with Notice of Filing requirements
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 Purchasing Manager. The Employer filed an ETA Form 9089, Application for Labor Certification on behalf of the beneficiary. The position…
BALCA affirms denial of Labor application – Lack of Employer’s Name on Notice of Filing is not harmless error
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 Stone Inspector. The Employer filed an ETA Form 9089, Application for Labor Certification on behalf of the beneficiary. In February…
BALCA vacates denial of Labor application – Lack of Kellogg Language would offend fundamental fairness and procedural due process
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 Computer Systems Analyst. Accordingly, the Board directed the CO to grant certification. This LC was filed prior to the effective…
USCIS revises filing requirements and mailing address for Form I-90, Application to Replace Permanent Resident Card
The United States Citizenship and Immigration Service (USCIS) announced on April 27, 2009 that they have made minor changes to the process of applying for a replacement Permanent Resident card. These changes apply to all applicants applying via paper form, including those applying because their previously issued card was never…
Not finding your case available Online?
The United States Citizenship and Immigration Service (USCIS) National Benefits Center (NBC) Liaison Committee has identified that there is a problem with the interface tool for the “Case Status Online.” Not only has this problem caused much delay in the recording of new receipt numbers in the system, it has…
Legislation to Reform the H-1B Visa Program Introduced by Senators Durbin (D-IL) and Grassley (R-IA)
On Thursday, April 23, 2009, Assistant Senate Majority Leader Dick Durbin and Senator Chuck Grassley introduced the H-1B and L-1 Visa Reform Act. This bipartisan legislation would reform the current H-1B and L-1 guest worker programs to prevent abuse and fraud, and to protect American workers. This legislation calls for…
UPDATE – FY 2010 H-1B Cap Count
On April 20, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap. USCIS has received 44,000 H-1B nonimmigrant visa petitions. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS…
In Lieu of Recent BALCA Decisions, a Message from the MVP Law Group, P.A.
It has come to our attention that many Permanent Labor Certification Applications are being denied by the Department of Labor (DOL) for several reasons, some of which could be avoided by having competent counsel. It is important to have an Experienced Attorney who is familiar and thorough when completing and…
BALCA upholds denial of Labor application – Did Not 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 Chef. In May of 2006, the CO issued an Audit Notification letter. The CO requested that the Employer submit its…