Latest on Trump’s Immigration Reform

On Wednesday, August 2, 2017, President Trump endorsed a new bill in the Senate aimed at slashing legal immigration levels, the Reforming American Immigration for a Strong Economy (RAISE) Act. This bill is a modified version of a bill senators Tom Cotton (Ark.) and David Perdue (Ga.) first introduced in April to cut immigration by… Continue reading Latest on Trump’s Immigration Reform

Calculating Your EB Experience Time

On April 17, 2017 an immigration policy memorandum was issued by the Service adopting “Matter of O-A- Inc.,” a copy of the memo can be found here, as a guidepost for USCIS decisions going forward. This case was focused on whether, at the time a provisional certificate is issued, a beneficiary has completed all substantive… Continue reading Calculating Your EB Experience Time

Notice of Filing Is Not Required to List Every Job Duty and Requirement

The Board of Alien Labor Certification Appeals (“BALCA”) recently determined that the notice of filing that must be posted before a labor certification is eligible to be filed is not required to list every job duty and requirement of a position that is being sponsored. In Matter of Eteam, Inc., the employer sponsored the position… Continue reading Notice of Filing Is Not Required to List Every Job Duty and Requirement

Same or Similar Memo

On November 20, 2015, the USCIS released its draft memo on Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability for comment. A copy can be found here. The memo details how Officers should evaluate two different sets of job duties as they… Continue reading Same or Similar Memo

BALCA Upholds Denial of Labor Certifications Where Employer Failed to Provide a Signed Recruitment Report

In Matter of New York City Department of Education, the Board of Alien Labor Certification Appeals (“BALCA”) considered whether a typewritten name could represent an electronic signature. The employer submitted labor certifications for the positions of “Students with Disabilities (Special Education) Teacher.” The cases were audited and the employer provided a recruitment report with the… Continue reading BALCA Upholds Denial of Labor Certifications Where Employer Failed to Provide a Signed Recruitment Report

BALCA Discusses What Terms and Conditions of Employment Must be Listed in Recruitment Materials

At the end of 2014, the Board of Alien Labor Certification Appeals (“BALCA”) considered what employee benefits might be considered a “term and condition” of employment that should be listed in an advertisement that is placed as part of a recruitment effort. In Matter of Needham-Betz Thoroughbreds, Inc., the employer submitted a labor certification for… Continue reading BALCA Discusses What Terms and Conditions of Employment Must be Listed in Recruitment Materials

AAO Determines that Beneficiary Cannot Use Experience Gained with the Petitioner to Qualify for a Sponsored Role

In an unpublished decision, the Administrative Appeals Office (“AAO”) considered whether the Beneficiary of a filed I-140 Immigrant Petition for Alien Worker could use experience gained at the sponsoring employer to demonstrate that he met the requirements of the role. In this case, the sponsoring employer filed a labor certification for the position of repairman… Continue reading AAO Determines that Beneficiary Cannot Use Experience Gained with the Petitioner to Qualify for a Sponsored Role

A Sign of Things to Come?

United States Citizenship and Immigration Service (USCIS) has issued a procurement request for over 34 million work permits and green cards. This would be well above their normal levels.  This has caused Republicans to speculate that President Obama is readying a sprawling executive order to drastically change the immigration laws. Don’t hold your breath. USCIS… Continue reading A Sign of Things to Come?

New Immigration Bills May Provide Greater Opportunities for STEM Graduates to Obtain Green Cards

During this past month, members of the U.S. Senate have introduced a number of bills that would allow STEM graduates to more easily receive green cards once they are employed in a relevant field. On May 15, 2012, Senator John Cornyn (R-TX) presented Securing the Talent America Requires for the 21st Century (“STAR Act”). This… Continue reading New Immigration Bills May Provide Greater Opportunities for STEM Graduates to Obtain Green Cards