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26 May 2015, 6:00 am
Recent Published AAO Decisions: Matter of Leacheng International, INC., 26 I&N Dec. 532 (AAO 2015); In the context of an I-140 Petition for a multinational manager or executive, there is no requirement that the beneficiary has been “doing business” with an outside third party pursuant to 8 C.F.R. [read post]
19 Oct 2015, 8:46 pm by Cynthia Marcotte Stamer
Streamlined Filing Requirements  The Final Rule also streamlines the H-2A VISA application process by allowing employers to file H-2A applications directly with the Chicago National Processing Center (NPC) simultaneously with the H-2A Application for Temporary Employment Certification, Form ETA-9142A. [read post]
22 Oct 2013, 7:50 am by Joy Waltemath
A federal district court in New Jersey granted a technology staffing company’s motion to set aside a DOL Administrative Review Board determination that the company willfully failed to comply with H-1B notice-posting requirements at required work sites (CAMO Technologies, Inc v Solis, October 18, 2013, Martini, W). [read post]
24 Aug 2012, 1:16 pm by E. David Krulewicz
The proposed rule also sparked lawsuits by industry groups that argued that the DOL lacks congressional authority to promulgate rules on the H-2B program because (i) final decision making authority lies with the DHS, and (ii) the DHS’ rulemaking authority is non-delegable and/or DHS never delegated it to the DOL. [read post]
22 Jun 2015, 2:30 am by Tulio Suarez
On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), holding that a transfer of an H-1B employee to a worksite location within a geographical area which would require the posting and certification of a new LCA, may affect the employee’s eligibility for H-1B status; and is therefore a material change in the terms and conditions of employment requiring the… [read post]