Insights

UPDATES: BALCA’s Recent PERM Advertisement Findings

The following three matters establish one clear principle when filing PERMs and advertising: Maintain Consistency! Too many employers are inconsistent when filing ETA 9089. Central question seems to be whether qualified applicants would apply for the position had they been specifically apprised of the job opportunity (otherwise stated, would individuals still apply if they read the wording of the advertisement as the employer stated in the ETA 9089 versus the actual wording the employer used.)

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April 4, 2012

DHS relaxes employment authorization requirements for F-1s whose country of citizenship is Syria

According to Department of Homeland Security Docket No. ICEB-2012-0002, F-1 Students whose country of citizenship is Syria “…may obtain employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 status.” DHS has recognized that the “crisis in Syria and economic sanctions imposed by the international community have negatively affected the whole of the Syrian economy”, thereby leaving these F-1s in a

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April 4, 2012

Who receives the I-797 Approval Notice?

Recently, some of our clients have asked whether they would receive the approval notice. For some time now, USCIS sent approval notices to just the applicant. However, on March 5, 2012 USCIS stated that it has resumed mailing I-797 receipt and approval notices to attorneys or accredited representatives. USCIS will send the original receipt and approval notices to the attorney’s address as listed on the Form G-28.

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March 9, 2012