Today, the USCIS announced new procedures for re-scheduling biometric appointments. They reminded everyone that if you do not attend your scheduled appointment or re-schedule in advance by proving good cause, that your underlying application will be considered abandoned. For I-485 applicants, we do not recommend traveling internationally until after your biometrics have been taken to… Continue reading Update on Biometric Appts
Category: Green Cards
Canadian Border News
The Canadian government announced that it will re-open its border on Aug 9th to fully vaccinated US citizens and permanent residents and if conditions remain favorable, on Sept. 7th, to others. For employers operating in both the US and Canada, this is welcome news. For those looking to obtain new or extend TN visas and… Continue reading Canadian Border News
August Visa Bulletin
Earlier this week, the Department of State (DOS) released the August Visa Bulletin. After seeing such positive forward movement in June and July, it was disappointing as India EB2 and China EB3 did not move or only moved a week. However, China EB2 and India EB3 both moved forward several months. All other categories remained… Continue reading August Visa Bulletin
Company Fined $627,000 for I-9 Anti-Discrimination Provision Violations
The Department of Justice (DOJ) finalized a settlement agreement with Fleetlogix Inc. (Fleetlogix) regarding claims that they discriminated again non-US citizens who were work authorized. Fleetlogix is based in San Diego, California and operates offices nationwide that provide cleaning and transportation services to rental car companies. Specifically, the DOJ alleged that Fleetlogix required these non-US… Continue reading Company Fined $627,000 for I-9 Anti-Discrimination Provision Violations
Presidential Proclamation RE: H-1B, H-2B, J-1, and L-1 Visas
As everyone is aware, late on June 22, the President issued a new proclamation suspending the entry for certain foreign nationals seeking to enter the U.S. on H-1B, H-2B, J-1, and L-1 visas (and applicable dependents such as H-4 and L-2). While we do not believe that this proclamation will have the intended effect of… Continue reading Presidential Proclamation RE: H-1B, H-2B, J-1, and L-1 Visas
H-1b Cap Lottery Update
The USCIS announced earlier this week that almost 275,000 registrations were submitted by U.S. employers for the 85,000 available lottery spots. This number was an increase of over 33% when compared to last years 201,000 filings. This increase is attributed to the new electronic registration process as well as the robust economy (remember that time… Continue reading H-1b Cap Lottery Update
Federal Court Victory for Staffing Firms
A Federal Court in DC has handed the USCIS a stinging defeat saying that its employer-employee definition and practice of issuing shortened approval notices is illegal. Congrats to attorney Jonathan Wasden for his fighting this battle. Read a copy of the decision here. If you have an H-1b petition that was illegally shortened by the… Continue reading Federal Court Victory for Staffing Firms
BALCA Clarifies How Employers May Use One Advertisement to Support Multiple Labor Certification Applications
In a recent case, the Board of Alien Labor Certification Appeals (“BALCA”) revealed the potential problems of using one advertisement to support multiple applications and how employers may avoid these potential issues. In Capgemini America Inc., 2013-PER-02219 (May 29, 2019) the employer submitted an Application for Permanent Employment Certification (“Form 9098”) for the position of… Continue reading BALCA Clarifies How Employers May Use One Advertisement to Support Multiple Labor Certification Applications
BALCA Clarifies How an Employer Can Satisfy its Obligation Regarding Possible On-the-Job Training
The Board of Alien Labor Certification Appeals (“BALCA”) recently suggested how an employer may demonstrate that on-the-job training is necessary for a position. In Microsoft Corp, 2014-PER-00615 (February 25, 2019) the employer rejected an applicant after an interview, finding the applicant was not sufficiently familiar with Scripting, C++, HTML, and Window as required. The Board… Continue reading BALCA Clarifies How an Employer Can Satisfy its Obligation Regarding Possible On-the-Job Training
TechServe Webinar
Senior partner, Mike Hammond will be a speaker at the TechServe Alliance webinar discussing H-1b visas. The webinar will focus on issues facing IT and Engineering staffing/solutions firms.
BALCA Upholds Denial where Employer Failed to Interview a Potentially Qualifying U.S. Applicant
The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether an employer should interview an applicant during the recruitment process in The Bank of Tokyo-Mitsubishi UFJ, LTD. In this case, the Employer filed an Application for Permanent Employment Certification (“ETA From 9089”) for the role of “Analyst/Systems Specialist-Systems Office for the Americas.” The case… Continue reading BALCA Upholds Denial where Employer Failed to Interview a Potentially Qualifying U.S. Applicant