H-1b Regular Cap
65000 of 65000
H-1b Master's Cap
20000 of 20000
Posted by Cadence Moore on May 21, 2013 in Green Cards
The Board of Alien Labor Certification Appeals (“BALCA”) recently issued a decision that discussed the information that must be included in notice of filings. In Matter of MT Heating, Inc., BALCA considered whether a case could be denied on the basis that the notice of filing did not include the posting location. In this case, the employer submitted a labor certification for the position of “Traditional Heating & AC Systems Installer.” The case was audited and the employer submitted the requested information. The Certifying Officer (“CO”) denied the case on the basis that the notice of filing did not indicate the location where it was posted. The regulations under 20 C.F.R. § 656.10(d)(1)(ii) state that the an employer can demonstrate that it properly posted the notice of filing by “providing a copy of the posted notice and stating where it was posted.” In reviewing this case, BALCA noted that the content of the notice of filing was fine. However, it stated that the employer did not provide any information demonstrating that the notice of filing was posted in a proper location. BALCA noted that “it is not administratively feasible for the CO to investigate the circumstances of each applicant’s business,” and denied the case on the basis that the employer failed to establish the location that the notice of filing was posted as required by the regulations. BALCA did state that “there may be other ways to satisfy the requirements besides stating where the notice of filing was posted,” but observed that the employer in this case did not present any evidence that it had fulfilled this requirement in other ways. This case stands for the proposition that notice of filings must be carefully drafted to ensure that they meet the requirements as specified by the Department of Labor.
related topics: BALCAPosted by MikeHammond on May 18, 2013 in US Immigration Policy
The Senate Judiciary Committee spent several days last week discussing the almost 300 amendments proposed by committee members. Many of the more anti-business and anti-H-1b amendments proposed by Sens. Grassley and Durbin were defeated however, several measures did pass. TechServe Alliance has posted a brief summary. Advocacy, education, and lobbying continues to be needed to protect the utilization of H-1b visas by staffing and consulting firms.
related topics: h-1b, Senate CIR, staffing, TechServe AlliancePosted by admin on May 13, 2013 in Green Cards
The Department of State (DOS) has released the June Visa Bulletin and just like last month, there were huge gains for EB3 for the “All other countries” category, Mexico, and China. For people born in those countries, the priority dates jumped 9 months forward to Sept 1, 2008. There remained little to no movement for persons from India or the Philippines. The DOS also announced that similar forward movement in future months for EB3 is not likely. The need for retrogression relief from Congress remains critical.
related topics: EB3, June Visa Bulletin 2013, retrogressionPosted by MikeHammond on May 11, 2013 in US Immigration Policy,Visas - H-1b, L-1, E, O, TN
In a report released earlier this week, the NFAP claimed that the Senate’s proposals to restrict the usage of H-1b’s were not based on sound evidence and represented poor economic policy. This report was issued before Sen. Grassley and others introduced amendments which would create even further restrictions on the H-1b. Whether or not the Senate will allow uncontroverted facts and sound economic policy to get in the way of imposing restrictionist policies is yet to be seen.
related topics: H-1b visa, NFAP, Senate CIR, Senator GrassleyPosted by admin on in Green Cards
Earlier this week, the DOS released its report which shows the Annual Numerical Limits for FY 2013 that it will utilize in the allocation of immigrant visas.
related topics: annual numerical limits, dos, FY2013, immigrant visasPosted by MikeHammond on May 8, 2013 in US Immigration Policy,Visas - H-1b, L-1, E, O, TN
Senators on the Judiciary Committee have proposed almost 300 amendments to the Senate CIR bill. Many of these amendments would have disastrous effects on IT staffing cos. Senator Grassley, a long-time opponent of the H-1b program and its use by IT staffing cos. proposed 77 himself. A listing of the amendments can be found here at ILW.com.
related topics: IT staffing, Senate CIR, Senator GrassleyPosted by Cadence Moore on April 30, 2013 in Green Cards
The Board of Alien Labor Certification Appeals (“BALCA”) issued a decision on April 12, 2013 that discussed recruitment activities that involve multiple positions. In Matter of Microsoft Corporation, BALCA reviewed a case that was filed for the position of “Support Engineer” and that listed a requirement on the ETA 9089 of a Bachelor’s degree. The case was audited and the employer submitted a notice of filing that stated that the position “requires a BA / BS or MA / MS degree or equivalent,” and that “Team Manager positions are available.” The employer also provided a copy of the job order that the employer placed with the Washington State Workforce Agency that stated that “qualifications may include a MA / MS or equivalent or BA / BS degree or equivalent . . . multiple positions available.” The Certifying Officer (“CO”) denied the case on the basis that the ETA 9089 did not state that a master’s degree was necessary, but the notice of filing and job order both listed this degree as a requirement. BALCA reviewed an earlier decision from February 29, 2012 (also titled Matter of Microsoft Corporation) which discussed multiple position advertisements. In this previous case, BALCA found that when a multiple position advertisement lists requirements in the plural and alternative, the reader would understand that not all requirements applied to every position. Similarly, in this case, BALCA found that the notice of filing and job order “make clear that several . . . positions are available.” Furthermore, the degree requirements are listed as alternatives and the recruitment listed Team Manager as an available position. Consequently, BALCA found that the reader would understand that “there are multiple Support Engineer positions open that apply to various stages in the technical support process depending on the applicant’s level of education.” We applaud BALCA for remaining consistent with its earlier decision and providing welcome guidance on multiple position recruitment efforts.
related topics: BALCAPosted by Cadence Moore on April 24, 2013 in Green Cards
On March 19, 2013, the Board of Alien Labor Certification Appeals (“BALCA”) issued a decision that established that employers that are conducting recruitment for labor certification cases should consider the circulation numbers of the newspaper as a more critical factor than the address of the newspaper. In Matter of Wal-Mart Stores, Inc., the employer sponsored a candidate for labor certification for a position in Bentonville, AR. As part of its recruitment, the employer ran two Sunday advertisements in the Arkansas Democrat Gazette, which is located in Little Rock. AR and is over 200 miles away from Bentonville. The Certifying Officer denied the case on the basis that this newspaper is not located Bentonville and could not be considered a “newspaper of general circulation in the area of intended employment most likely to bring responses from available U.S. workers.” as required by the federal regulations. The employer submitted a substantial amount of evidence, including information from a number of organizations that confirmed that the Arkansas Democrat Gazette had the highest circulation of all newspapers in Bentonville, and argued that circulation numbers were the relevant factor in determining an appropriate newspaper to use as a form of recruitment. BALCA agreed with this position and stated that the regulations do not “state that the newspaper used in support of a PERM application has to have a business address within commuting distance of the area of intended employment.” It found that the circulation numbers of the Arkansas Democrat Gazette demonstrated that this newspaper was the most likely to “bring responses from able, willing, qualified, and available U.S. workers.” This decision provides important guidance to employers who are sponsoring positions located in smaller towns where a large local newspaper may not be available and confirms that circulation numbers should be the most relevant factor.
related topics: BALCAPosted by admin on April 23, 2013 in Events
If you are a member of TechServe Alliance, we encourage you to attend the webinar scheduled for April 23rd. Mike Hammond will be a panelist discussing the Senate CIR bill recently introduced and its potential impact on IT cos.
related topics: Mike Hammond, Senate CIR bill, TechServe AlliancePosted by MikeHammond on April 18, 2013 in Visas - H-1b, L-1, E, O, TN
The joy that a receipt notice brings ! A receipt notice means that your H-1b cap case was accepted in the lottery and the USCIS will now process your case. Receipt notices for regular and premium processing cases are being received in our office however, the USCIS has announced that it may take several weeks before all receipt notices are issued and rejected cases are mailed back. We will update employers and foreign nationals as soon as a receipt notice has been received.
related topics: H-1b cap case receipts, H-1b cap FY 2014, USCIS