The Board of Alien Labor Certification Appeals (BALCA) recently reversed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Plumber Helper. The employer, a plumbing services company filed a LC on behalf of an alien worker in April of…
Many employers have been questioning whether the regulation governing the “lottery” system will apply to this year’s H-1B cap. The United States Citizenship and Immigration Service (USCIS) has provided that the lottery will apply this year. In accordance with the regulation, the USCIS randomly selects the number of petition’s necessary…
The Administrative Appeals Office (AAO) recently considered the merits of the petitioner’s appeal on a de novo basis. Accordingly, the appeal was rejected, subsequent motions were rejected and the petition will remain denied. There were several procedural errors made in the adjudication of this petition. The employment based immigrant visa…
The United States Government Accountability Office (GAO) conducted an investigation from May 2008 through March 2009 which showed that terrorists or criminals could steal an American citizen’s identity, use basic counterfeiting skills to create fraudulent documentation for that identity, and obtain a genuine U.S. passport from the Department of State…
The United States Citizenship and Immigration Service (USCIS) recently released the updated version of the Form I-9 Employer Handbook. The handbook provides the basic steps involved with a new hire, including the forms that must be completed, what documents are acceptable and step-by-step directions on how to correctly complete Form…
The Administrative Appeals Office (AAO) released its time report on March 18, 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…
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on March 17, 2009 with processing dates as of January 31, 2009. If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time…
The United States Citizenship and Immigration Service (USCIS) recently released some guidance regarding the Stimulus Bill, which contains the “Employ American Worker Act” (EAWA) and its effect upon the H-1B visa petition. If the company was a recipient of the funds distributed through the Trouble Asset Relief Program (TARP), EAWA…
When a citizen of another country wishes to travel to the United States for business or pleasure, there are specific visas that are available for those individuals. The B-1, Business visa is for those interested in traveling to the U.S. to consult with business associates, to attend conventions/conferences, and to…
The H-1B nonimmigrant visa program is designed to allow alien beneficiaries to enter the country and begin working for a U.S. employer for a period of three years. The sponsoring employer or a new employer may renew the H-1B visa for another period of three years. In other words, the…