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Articles Posted in Work Visas

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H2B Visa Update – US Labor Department issues proposed rule revising H-2B program

This was expected and here is the latest update. The U.S. Department of Labor’s Employment and Training Administration and its Wage and Hour Division today announced the publication of a proposed rule that seeks to improve the H-2B temporary nonagricultural worker program. The proposed rule, to be published in the…

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H1B Visa Attorney – H-1B Cap Exemptions Based on Relation or Affiliation

As we are gearing up towards H1B filing season, recent update from USCIS. U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution…

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Let police catch criminals, not immigrants – what do you think?

According to the LA Times, California reached a milestone late last month when federal immigration officials quietly announced that all 58 counties in the state are now participating in Secure Communities, a controversial program created to track and deport dangerous criminals. Unveiled in late 2008, Secure Communities is billed as…

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H1B Visa Denials – ? – Filing a motion to re-open might be an option for you

Our office has extensive experience assisting the clients in filing H-1B petitions. We also help the clients consider their options if the case is denied. Below is an example of the H-1B case that got approved even after the denial was issued. The employer/petitioner was a large luxury hotel. The…

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L1A Visas:Procedures for Handling Deficient or Deniable L Petitions for Canadians

If an L petition presented by a Canadian citizen in conjunction with an application for admission is lacking necessary supporting documentation or is otherwise deficient, the inspecting CBP officer shall return it to the applicant for admission. The officer should instruct the applicant for admission to obtain the necessary documentation…

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L1A Visa Update – New Petitioner Certification Required to Confirm Export Control Compliance

As of February 20, 2011, the U.S. Citizenship and Immigration Services (USCIS) will require that all employers filing Form I-129 petitions seeking employment of H-1B, H-1B1, L-1 and O-1A workers certify that they have reviewed Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) to ascertain whether or…

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H1B Visa Attorney – USCIS to Begin Verifying Petitioner Data through External Business Information Service (VIBE), more RFE’s?

A few days ago we received a Request for Evidence (RFE) for one of our H1B transfer cases as well for a new H3 visa Petition. The Request was stating that the employer can not be verified in the Validation Instrument for Business Enterprises (VIBE) Program, and the employer must…