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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

Beware of H-1B Wage Law Violations: Company to be Debarred, Ordered to Pay Over $120,000 in Penalties and Back Pay for H-1B/LCA...

A recent case before the Office of Administrative Law Judges (ALJ) is a compelling reminder that violations of H-1B wage requirements can result in significant financial penalties and fines. Moreover, violations of H-1B...more

OCAHO Reduces I-9 Fine from $90K to $25K

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On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more

Unpublished BIA Decision: E-2 Spouses Not Required to Obtain EAD

On November 5, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision reversing the denial of an adjustment application and holding that the respondent was not required to obtain an employment...more

BALCA Finds That H-2B Employers Have No Obligation to Comply With a PWD Issued After Certification

On December 3, 2013, the Board of Alien Labor Certification Appeals (BALCA) issued a decision, in the Matter of Island Holdings LLC, vacating supplemental prevailing wage determinations (PWDs) and increased wages imposed on...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

Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - U.S. and Canadian Immigration and Nationality Newsletter and Update. (9.15.2013)

Dear Readers: The U.S. has a well-established innovation economy, similar to other developed nations. But certain challenges exist for countries to attract talent to fuel these industries. Our current immigration system,...more

DS-260 Immigrant Visa Electronic Application- Frequently Asked Questions 2013

Important Notice: Only immigrant visa applicants applying at certain U.S. embassies and consulates where NVC requested fees or documents in October 2010 or later may use the DS-260, Online Immigrant Visa Application. Review...more

HOUSE IMMIGRATION REFORM PART II 2013

This is continuation of serious of articles providing AILA’s (American Immigration Lawyers Association) on various tops as contained in Senate Bill S. 744 passed by the Senate, action or inaction in the House and AILA’s...more

HOUSE IMMIGRATION REFORM PART I 2013

AILA (American Immigration Lawyers Association) has provided its Take on “House Immigration Reform” which covers various topics including Legalization of undocumented aliens, provisions in Senate Bill S.744 passed by the...more

VISA BULLETIN FOR SEPTEMBER 2013

The following information is provided by the Visa Office regarding the cut-off dates for the month of September 2013....more

Judge Dismisses Suit to End Deportation Deferrals

Kris W. Kobach, Kansas Secretary of State has filed lawsuit in Federal Court seeking Curb Illegal Immigration. President Obama had issued policy memorandum to defer deportation of young undocumented immigrants and as of...more

Immigration Reform will decrease the federal deficit by $197 billion

Congressional budget analysts said that legislation to overhaul the nation's immigration laws would cut hundreds of billions from the federal deficit over the next two decades....more

U.S. Canada Begin Phase II of Entry/Exit Project 2013

The Department of Homeland Security (DHS) announced the implementation of Phase II of the Entry/Exit information system, a commitment of the Beyond the Border Action Plan....more

SAME SEX MARRIAGE ? IMMIGRATION BENEFITS 2013

The Supreme Court struck down a key part of the Federal Defense of Marriage Act (DOMA) last Wednesday and declared that same-sex couples, who are legally married deserve equal rights to the benefits under federal law that go...more

IMMIGRATION REFORM BILL 2013

Now that the Senate has passed the bipartisan bill in the Senate, we await to see what happens in the House. Will the House take up the Senate Bill and pass it or produce its own bill that includes a core piece of senate...more

The Changing Corporate Immigration Landscape

David began: "Clearly the most interesting trend in U.S. Business Immigration Law is President Obama's commitment to Comprehensive Immigration Reform ("CIR"). "The recent initiatives under the Deferred Action and Childhood...more

Visa Bulletin for August 2013 + Article

The following information is provided by the Visa Office regarding the cut-off dates for the month of August 2013....more

Visa Bulletin for August 2013

It came out last night. F2A is now current. India EB2 moved up to January 2008. See below. http://www.travel.state.gov/visa/bulletin/bulletin_6028.html...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

SAME SEX MARRIAGE CASES AND SAME SEX PARTNER CASES ARE NOW A U.S. IMMIGRATION REALITY: Implementation of the Supreme Court Ruling...

The Supreme Court struck down a key part of the Federal Defense of Marriage Act (DOMA) last Wednesday and declared that same-sex couples who are legally married deserve equal rights to the benefits under federal law that go...more

H-1B Audits and Investigations

DON'T GET CAUGHT WITH YOUR LCA PANTS DOWN: U.S. Department of Labor (DOL), Wage and Hour Division, Continues to Conduct H-1B Audits and Investigations. Employers who hire H-1B professional and specialty occupation...more

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