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H1B Visa Lawyer Blog

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N-400 Naturalization Application Expired October 31,2008, but Remains Valid Until Revised Version is Released

The prior edition of the N-400 Application for Naturalization expired on October 31, 2008. A new edition of the form has yet to be posted to the USCIS website. Until further notice, the USCIS has informed the American Immigration Lawyers Association (AILA) that applicants may continue to submit their applications…

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BALCA upholds denial of LC because Employer failed to establish lawful-job related reasons for rejecting otherwise qualified U.S. workers

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 “Heavy Equipment Operator.” This LC was filed prior to the effective date of the “PERM” regulations. In the aforementioned case,…

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BALCA upholds denial of LC based on suspension of counsel

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 “tailor – textile, apparel & furnishing worker.” This LC was filed prior to the effective date of the “PERM” regulations.…

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DHS Issues Supplemental Final Rule with Guidance For Employers Who Receive Social Security ‘No-Match’ Letters

The Department of Homeland Security (DHS) recently issued a Supplemental Final Rule that provides additional background and analysis for the department’s No-Match Rule. The regulation clarifies what steps reasonable employers can take to resolve discrepancies identified in ‘no-match’ letters issued by the Social Security Administration (SSA). Additionally, it provides guidance…

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BALCA upholds denial of LC because proffered position not full-time as required by 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 “Ethnic Singer/Entertainer.” This LC was filed prior to the effective date of the “PERM” regulations. In the aforementioned case, the…

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BALCA upholds Final Determination finding lack of good faith in 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 “Operations Foreman.” This LC was filed prior to the effective date of the “PERM” regulations. In the aforementioned case, the…

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BALCA vacates Final Determination and remands for proper procedures to re-advertise

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 “Fabric and Apparel Patternmaker.” This LC was filed prior to the effective date of the “PERM” regulations. In the aforementioned…

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John McCain and Barack Obama on IMMIGRATION

Republican Presidential candidate John McCain and Democratic Presidential candidate Barack Obama may not see eye-to-eye on a majority of the issues; however, on the issue of immigration, they share more similarities than differences. Securing our borders is the first priority in both a McCain and Obama administration. Senator Obama and…

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BALCA upholds denial of LC for failure to obtain Federal Employer Identification Number (FEIN)

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 “Maid.” In the aforementioned case, the employer, a private household filed a LC on behalf of an alien worker. The…

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