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BALCA Applies Recent Legal Decision to PERM Case Denied Five Years Ago

The permanent labor certification process (PERM) allows employers to hire foreign nationals to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the U.S. Department of Labor...more

Supreme Court Decides Mata v. Lynch

On June 15, 2015, the United States Supreme Court decided Mata v. Lynch, No. 14-185, holding that federal courts of appeals have jurisdiction to review the Board of Immigration Appeals’ (Board) rejection of an alien’s motion...more

USCIS on Amended H-1B Petitions for Change in Work Location

As previously reported, on April 9, 2015, the Administrative Appeals Office (AAO), which is responsible for the review of certain decisions rendered by U.S. Citizenship and Immigration Services (USCIS), issued a published...more

DHS Asks Court to Dismiss Lawsuit Challenging H-4 Work Authorization

While the lawsuit challenging President Obama’s executive action continues to garner headlines, an additional lawsuit has been filed contesting another part of the executive actions that DHS is attempting to implement. This...more

USCIS Now Formally Requiring Amended Petitions When H-1B Worksite Changes

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a binding, precedential ruling that all U.S. employers must file an amended petition with the agency...more

AAO Decision Clarifies Requirement to File Amended H-1B Petitions for Worksite Changes

On April 9, 2015, U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision concerning an employer’s obligation to file an amended H-1B petition in certain scenarios involving a change in worksite. The...more

Is Your H-1B Worker Moving Elsewhere? You May Have To File An Amended H-1B Petition

The Administrative Appeals Office of the U.S. Citizenship and Immigration Services issued a significant decision last week that overruled prior USCIS practice....more

USCIS Proposes: L-1B Adjudications Policy

The Key – Applying the “Preponderance of the Evidence” standard”? Immigration practitioners are trying to figure out what to make of the proposed Policy Memorandum on L-1B Adjudications Policy (hereinafter “Guidance”)...more

DHS and DOL to Issue Joint Interim Final Rule on H-2B Petitions

As previously-reported, on March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor’s (DOL) 2008 H-2B regulations on the ground that DOL lacks authority under the...more

Federal Judge Enjoins President’s Immigration Action

On Monday, February 16th, a federal judge in Texas ruled in favor of the state of Texas and 25 other states to halt President Obama’s executive action on immigration, which was announced in November 2014. HRLegalist...more

PERM Denial Upheld for Failure to Include Free Housing Benefit in Advertisement

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced in the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

Appeals Court Vacates DOL Rule Authorizing Use of Skill-Based Private Wage Surveys in H-2B Temporary Labor Certification...

On December 5, 2014, a panel of the U.S. Court of Appeals for the Third Circuit issued an opinion vacating the Department of Labor (DOL) regulation and related guidance memorandum authorizing DOL, at the request of the...more

Supreme Court to Decide Whether Courts Can Review the Consular Denial of a Visa Based on Marriage to a U.S. Citizen

On October 2, 2014, the Supreme Court of the United States granted certiorari in the case of Kerry v. Din. The case involved a U.S. citizen who claimed that her liberty interest in marriage has been violated by the denial of...more

Court: USCIS should consider ‘life experience’ for specialized knowledge L-1B visa

In holding that cultural traditions and life experience can be considered “specialized knowledge” for purposes of obtaining an L-1B intracompany transferee visa, a United States appeals court rejected the proposition that a...more

DC Circuit Reverses Decision that Fogo de Chao Chef Lacks “Specialized Knowledge”

On October 21, 2014, the United States Court of Appeals for the District of Columbia Circuit held that it was reversible error for the U.S. Citizenship and Immigration Service ("USCIS"), an agency of the Department of...more

Immigration Law Does Not Preempt State Wage and Hour Claims, Says Court

In case there was any question, an Indiana staffing company, Access Therapies, learned late last month that the Immigration and Nationality Act (INA) does not absolve employers of their responsibilities under state wage and...more

BALCA Holds Additional Recruitment Steps Need Not Comply With Detailed Content Requirement

On July 30, 2014, the Board of Alien Labor Certification Appeals (BALCA), in Matter of Symantec, decided the issue of whether a Certifying Officer may deny an Application for Permanent Employment Certification (ETA Form 9089)...more

Florida DMV: Driver’s Licenses to Individuals with Cases Closed Pursuant to Prosecutorial Discretion

The Florida Department of Highway Safety and Motor Vehicles (“FLHSMV”) regularly publishes an updated list of documents that it will accept as proof of immigration status in connection with an application for a Florida...more

Supreme Court Decides Scialabba v. Cuellar de Osoroio et al.

On June 9, 2014, the U.S. Supreme Court held that Section 1153(h) of the Child Status Protection Act (CSPA), which automatically converts a minor alien's petition to immigrate as a derivative beneficiary to another...more

For H-1B Employers: How Even a Single Employee’s H-1B Complaint Could Incite a Comprehensive DOL Investigation of Your H-1B...

In Greater Missouri Medical Pro-Care Providers, Inc., ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), a divided U.S. Department of Labor (“DOL”) Administrative Review Board (the “Board”) partially reversed the decision...more

BIA Holds Pending Application for H-1B Extension Does Not Confer Lawful Status

On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more

OCAHO Holds That Backdating Alone Is Not Evidence of a Lack of Good Faith

The Office of the Chief Administrative Hearing Officer (OCAHO) has jurisdiction to review penalties imposed by the U.S. Immigration and Customs Enforcement (ICE) for I-9 compliance violations. In calculating the amount of...more

Holding the DOL Accountable in PERM Labor Certification Adjudications

We applaud Microsoft Corporation and the numerous parties, including the American Immigration Council and the Chamber of Commerce, who filed amicus briefs last week in a consolidated Board of Alien Labor Certification (BALCA)...more

The Administrative Appeal Office (AAO) Sustains An Appeal Related To An EB-1 (C) Multinational Executive Or Manager Application

In a decision dated June 13, 2013 the Administrative Appeal Office (AAO) found that USCIS’ Nebraska Service Center’s denial of an EB-1 (C) Multinational Executive/Manager application was deficient as it was based upon...more

Can You Appeal a “Deferred Action” Decision?

A cursory Internet search reveals that many people are curious about whether individuals can appeal a denial of a request to the government for “deferred action” status. While there is no process for formal appeal, there is a...more

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