Insights

U.S. Mission in India Expands Interview Waiver Program

In 2011, consular officers processed about 700,000 nonimmigrant visa applications, an increase of about 11% from the previous year. In its initiative to process visa applications expeditiously, the U.S. Embassy in New Delhi released a press release (November 19, 2012) announcing the expansion of the Interview Waiver Program (IWP). Under an expanded Interview Waiver Program the following visa categories will be covered: Business/Tourism (B1 and/or B2); Dependent (J2, H4, L2) Transit (C) and/or Crew Member

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BALCA Upholds Denial Where Attorney Failed to Sign ETA 9089 in Audit Response

In the Matter of TLH Construction, 8/19/10, BALCA affirmed a denial where the attorney did not sign the ETA 9089 that was submitted with the audit response. BALCA noted that the instructions provided clear notice to the employer that the 9089  must be signed the attorney or representative agent. In light of the recent increase in PERM audits, practitioners should take note and make proper preparations for their PERM audit file.  

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Don’t forget to list addresses in the Recruitment Report!

A very popular common law legal concept and strategy is the act of incorporation by reference. Through this act one document or clause is incorporated into another document or clause by simply mentioning the other document. For example, a Master Services Agreement may state “Section 9 of the Statement of Work applies to the schedule of deliverables”. This means that Section 9 is now part of the Master Services Agreement. During the labor certification process,

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DOL Updates FAQ: SWA Job Orders

When an employer places a job order with a State Workforce Agency (SWA), is it required to indicate its name on the job order posting? If so, what should the employer do if the SWA’s procedures do not allow for the employer’s name to be visible to job seekers? In accordance with PERM regulations at 20 CFR §656.17(f)(1) and the preamble (69 FR 77326, 77348 (Dec. 27, 2004)), as with any advertisement, the employer’s name

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UPDATE: H-1B Quota as of 04/09/12

As of April 9, 2012 there have been approximately 17400 H-1B cap-subject petitions that were receipted. USCIS has receipted 8200 H-1B petitions for those beneficiaries  with advanced degrees.

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