The Board of Alien Labor Certification Appeals (BALCA) upheld a Certifying Officer’s denial of an Employer’s Application for Permanent Certification due to the fact that the beneficiary and her husband each had a 50% ownership interest in the sponsoring entity.…
Blog Archives
BALCA Affirms CO’s Denial Where Beneficiary Has an Ownership Interest in Closely Held Company
Tagged with: BALCA, Company ownership, Employer's Application for Permanent Certification
Posted in In The News
Posted in In The News
USCIS’ Draft of Policy Manual Guidance on Extreme Hardship Available for Comment
USCIS has released a draft of the USCIS policy manual guidance on extreme hardship. This manual includes guidance on several different topics including: General considerations, interpretations, and adjudication steps Establishing a qualifying relative Extreme hardship factors Extreme hardship determinations Discretion…
Tagged with: Extreme Hardship, Policy Manual Draft, USCIS
Posted in In The News, USCIS New Policies/Procedures
Posted in In The News, USCIS New Policies/Procedures
Public Law 111-230 H-1B, L-1 Additional Fees Expire
H-1B and L-1 petitions filed on or after Oct. 1, 2015, should not include the additional fee that was previously required by Section 402 of Public Law 111-230, as amended by Public Law 111-347, for certain H-1B and L-1 petitions.…
District Court Denies TRO Against State Department in October Visa Bulletin Suit
On September 28, 2015, several beneficiaries of approved employment-based visa petitions for highly skilled workers filed a class action complaint seeking declaratory and injunctive relief. Plaintiffs asked the court to strike down the revised 9/25/15 version of the October Visa…
All Embassies and Consulates Will Be Closed 10/9/15 Due to Systems Upgrade
The Department of State has announced that all embassies and consulates will be closed to the public on Friday, October 9, 2015 due to a consular systems upgrade. People who have an appointment scheduled for that day will be contacted…
Tagged with: Application Service Centers, Appointments, Consulate Closure, Embassy Closure, Systems Upgrade
Posted in Consular Issues, In The News
Posted in Consular Issues, In The News
USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status
USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for…
Tagged with: Adjustment of Status, Revised Procedures, USCIS, Visa Availability
Posted in In The News, USCIS New Policies/Procedures
Posted in In The News, USCIS New Policies/Procedures
Delays Between I-765/I-485 Approvals and EAD Receipts due to Facility Maintenance
Delays have been reported between the approval of a client’s I-765 or I-485 and the client’s receipt of the employment authorization document (EAD) or lawful permanent resident card. USCIS confirmed that the card production facility in Corbin, Kentucky is undergoing…
Tagged with: Delays, EAD, I-765 or I-485, Lawful Permanent Resident card, USCIS
Posted in Green Card, In The News
Posted in Green Card, In The News
Court Determines that Stepchild Does Not Fall Under Definition of Child
The Ninth Circuit upheld the Board of Immigration Appeals’ denial of the petitioner’s claim that he derived citizenship under INA §320(a) from his U.S. citizen stepfather, who married his non-citizen mother after he was born and never adopted him. This…
Tagged with: Board of Immigration Appeals, Citizenship, Definition of Child, Immigration and Nationality Act, Stepchild
Posted in In The News
Posted in In The News
USCIS Revises Preparer’s Declaration on Form I-129
USCIS recently published a new Form I-129, Petition for a Nonimmigrant Worker. The new Form I-129 contains a revised “Petitioner’s Declaration” and revised “Preparer’s Declaration,” which now states, “The petitioner has reviewed this completed petition as prepared by me and…
Tagged with: Petition for Nonimmigrant Worker, Petitioner's Declaration, Preparer's Declaration, Revised Form I-129
Posted in In The News
Posted in In The News
USCIS Resumes Premium Processing for Extension of Stay H-1B Petitions
USCIS announced today that it will resume accepting Form I-907, Request for Premium Processing Service for all H-1B extension of stay petitions. However, all premium processing requests received by USCIS before July 13, 2015 will be rejected. Premium processing for…
Tagged with: H-1B Extension of Stay Petitions, Request for Premium Processing Service, USCIS
Posted in H-1B Visa Petitions, In The News
Posted in H-1B Visa Petitions, In The News
