Category: DOL, BALCA, DOL ARB

Although section 204(j) of the Immigration and Nationality Act, 8 U.S.C. § 1154(j) (2000), provides that an employment-based immigrant visa petition shall remain valid with respect to a new job if the beneficiary’s application for adjustment of status has been filed and remained unadjudicated for 180 days, the petition must have been “valid” to begin with if it is to […]

Why the higher and not the lower?  Was not that clearly explained in holding below: TAKE SOLUTIONS v PAWAR SANDESH 2010PER00907 (APR 28 2011) 083332 CADEC SD Ricky Malik, Esq. www.rmlegal.com

United States Citizenship & Immigration Services (USCIS) released the following Q& A guidance. USCIS – Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21)

The Administrative Appeals Office published a postive case that addressed burden of proof. Hopefully, USCIS adjudicators will use this case as their guide when deciding cases.  In Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010) it was held that: “In most administrative immigration proceedings, the applicant must prove by a preponderance of evidence that he or she is eligible for the […]

The Board of Alien Labor Certification Appeals (BALCA) finds that a screenshot from the State Workforce Agency (SWA) is sufficient to demonstrate job posting. Ricky Malik, Esq. www.rmlegal.com

The U.S. Department of Labor (DOL) published Round 12 of their Frequently Asked Questions (posted below). It was short and appears intended to disallow attorneys or agents to be the point of contact for Employers. It’s odd since anytime a person or party is represented by an attorney in all areas of American jurisprudence, the attorney is the point of […]

The Board of Alien Labor Certification Appeals (BALCA) agreed with the certifying officer that the labor certification application for the CEO of a closely held company should be denied, handing down another blow to the concept of the immigrant entrepreneur (Immipreneur). BALCA relied heavily on its previous decision in Modular Container Systems to affirm the CO’s finding that “Where the employer […]

The Department of Labor (DOL) released the 11th round of Frequently asked questions for the PERM/Labor Certification Process.  A Labor Certification is the first step in the Employment based greencard process. FAQ below:

The Department of Labor’s Administrative Review Board held an employer liable pursuant to the employer’s obligations under the Labor Condition Application (LCA) and the H-1B provisions under the Immigration & Nationality Act (INA). The employer failed to pay the H-1B beneficiary, even though the employer was obligated pursuant to the LCA. Conclusion: H-1B Employers must be careful to carefully fulfill […]