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BALCA Appeal Leads to Voluntary PERM Certification by CO

15 years ago By Rajiv S. Khanna

In a case decided yesterday, we had filed an appeal to BALCA against a PERM denial by the Certifying Officer (“CO”).  The ground for denial was that the Job Order did not provide the exact salary offered to the foreign worker.  We showed in our appeal that the fault lay with the Job Order form of the State Workforce Agency.  The form did not permit us to enter the higher end of the wage range for our job, where we had offered a wage range instead of an exact figure.  The CO appears to have agreed with us and has withdrawn denial and certified our case. 

Agency

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U.S. Embassy Mexico Announces New Visa Procedures

14 years ago By Editor

New Visa Procedures

Beginning January 10, 2011, the U.S. Embassy and Consulates will process visas differently.     Under the new procedures, most applicants will go to Applicant Service Centers (ASCs) prior to their consular section interview.  The ASC staff will collect the applicant’s biometric information that will be reviewed by the consular section prior to the applicant’s interview.   ASCs will be located in buildings separate from the U.S. Embassy and Consulates. 

USCIS Reminds Haitians to Register for Temporary Protected Status

14 years ago By Editor

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) reminds Haitian nationals that the registration deadline for Temporary Protected Status (TPS) is Jan. 18, 2011.

Haitian nationals who have continuously resided in the United States since Jan. 12, 2010, and who meet other TPS eligibility requirements, must file their applications for TPS no later than Jan. 18, 2011. The TPS designation for Haiti will remain in effect through July 22, 2011.

FY 2011 H-1B Cap Count (as of December 17, 2010)

14 years ago By Editor

 

The H-1B Program

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models.

How USCIS Determines if an H-1B Petition is Subject to the FY 2011 Cap

Rajiv's Comments in the News - Could US visa process get tougher amid H1B fraud? Expert has the answer

2 years ago By Chief Editor

Published by: Live Mint: May 04, 2023

https://www.livemint.com/news/world/us-visa-process-to-tighten-up-amid-…

Quotes and Excerpts from Rajiv in the article:

What is H-1B visa fraud? 

The fraud in the H1B lottery is attempting to increase an individual's chances of selection illegally, opines Rajiv S. Khanna, managing attorney at Immigration.com, the Law Offices of Rajiv S. Khanna, PC. 

Recording for May 04, 2023 Conference Call with Rajiv S. Khanna

2 years ago By Chief Editor

Nonimmigrant Visas

Immigration Law

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FAQs

- Switching employers while one's spouse is on an H-4 visa and the steps to ensure a smooth return to the U.S.

- H-1B or green card misrepresentation: Legal options and consequences for fighting back against USCIS

- Options for extending stay in the U.S. after layoff as an international student pursuing a Master's in IT

- Potential visa complications for an H-1B visa holder due to past employment with a blacklisted company and alternatives for obtaining an H-1B stamp

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Office of Foreign Labor Certification Postpones Date for Submitting Revised PERM and CW-1 Forms in the Foreign Labor Application Gateway to June 1, 2023

2 years ago By Chief Editor

Following up on the announcements of April 21, April 27, May 1, and May 8, 2023, the Office of Foreign Labor Certification (OFLC) is postponing the date for filers to begin submitting the new, revised applications for permanent employment certification and CW-1 applications for temporary employment certification in the Foreign Labor Application Gateway (FLAG) from May 16, 2023, to June 1, 2023. Applicants should continue to use the current PERM and CW-1 forms until such time.

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