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H1B Visa Lawyer Blog

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Get Your H-1B Cases Ready Now To File On April 1 for October 1, 2009 Start Date

The U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B visa petitions for professionals that count against the FY2010 cap on April 1, 2009. These professionals will be eligible to begin H-1B employment on October 1, 2009. Employers looking to hire new H-1B professionals are urged to begin…

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BALCA upholds denial of Labor application – Excessive requirement

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 Manager/Video Technician. This LC was filed prior to the effective date of the “PERM” regulations. The employer, a video parlor…

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USCIS Revises Employment Eligibility Form (I-9)

U.S. Citizenship and Immigration Services (USCIS) submitted to the Federal Register an interim final rule that will streamline the Employment Eligibility Verification process. The interim final rule narrows the list of acceptable identity documents and further specifies that expired documents are not considered acceptable forms of identification. Specifically, the interim…

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Improving the Processing of “Schedule A” Nurse Visas

The nursing shortage in the United States is becoming increasingly problematic and may adversely affect the health care industry. The Citizenship and Immigration (CIS) Ombudsman has been fully informed by nursing organizations and stakeholders about the period of time it takes for a foreign nurse to be admitted to the…

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USCIS Published Religious Workers Final Rule

The United States Citizenship and Immigration Services (USCIS) recently issued a final rule in the Federal Register amending various aspects of the religious workers program. The final rule amends the regulations to improve the Department of Homeland Security’s (DHS’s) ability to detect and deter fraud and other abuses in the…

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BALCA upholds denial of Labor application – Unduly restrictive job 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 Dispatcher. This LC was filed prior to the effective date of the “PERM” regulations. The employer, a limousine company filed…

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BALCA upholds denial of Labor application – not good faith recruitment

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 Accountant. This LC was filed prior to the effective date of the “PERM” regulations. The employer filed a LC on…

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