The Board of Alien Labor Certification Appeals (BALCA) issued a decision on August 17, 2015 addressing whether an incorrect heading in an online advertisement was a valid reason for denying the PERM labor certification. In Matter of SDG Post Oak, BALCA held that an advertisement...
On August 17, 2015, the U.S. Citizenship and Immigration Services (USCIS) issued final guidance on its updated L1B adjudications policy. This USCIS policy memorandum, which went into effect August 31st, is substantially similar to the draft guidance released on March 24, 2015. Change to L1B Trend? The...
In a recent Board of Alien Labor Certification Appeals (BALCA) decision, BALCA agreed with the employer that a handwritten date noted on a printout of an advertisement for a job satisfies the employer's requirement for documenting dates of the ads on the company's website. As...
On August 10, 2015, the U.S. Citizenship and Immigration Services (USCIS) released a draft memorandum regarding certain legal requirements for the employment-based, fifth preference (EB5) immigrant investor category. The memo specifically addresses two key EB5 requirements: job creation and sustaining the EB5 investment over the two-year...
On August 12, 2015, the decision was issued by a U.S. district court that will serve to terminate the 17-month optional practical training (OPT) extension program for F-1 STEM students unless the U.S. Department of Homeland Security (DHS) addresses the matter within the next 6...
You say your status expired months or years ago and you want to know whether there is any way to go back in time to fix it? This recording from the Murthy Law Firm discusses a special part of the law that allows for nonimmigrant...
On August 12, 2015, the U.S. District Court for the District of Columbia ruled that the Department of Homeland Security (DHS) did not follow proper procedures when they created the STEM OPT extension regulation. Thus, the Court vacated or struck down the regulation, effective February...
The U.S. Department of Labor (DOL) is responsible for the PERM labor certification (PERM LC) process. The PERM LC process is the first of three stages in most employment-based permanent residence (commonly, "green card") cases. Each quarter, the DOL summarizes key PERM-related data that provides...
The U.S. Citizenship and Immigration Services (USCIS) has confirmed that the Vermont Service Center (VSC) is experiencing delays in issuing J-1 waiver approval notices. This is creating problems for J-1 physicians who need these notices from the VSC in order to proceed with the waiver...
After a PERM labor certification (LC) case is filed, the U.S. Department of Labor (DOL) is permitted to audit the case. The purpose of these audits is to verify that the petitioning employer is complying with the applicable legal requirements. These audits can either be targeted...
