Monthly Archives: October 2016

Applying for PERM Labor Certification for a relative

The regulation at 20 C.F.R. § 656.10(c)(8) provides that an employer must attest that “[t]he job opportunity has been and is clearly open to any U.S. worker.” If an employer is a closely held corporation, partnership, or sole proprietorship, a presumption arises that the job is not clearly open to U.S. workers when the sponsored alien has a familial relationship with the owners, stockholders, partners, corporate officers, or incorporators of the employer. See Transmark Real Estate, 2011-PER-00475 (June 8, 2012); see also 20 C.F.R. § 656.17(l). The regulation at 20 C.F.R. § 656.17(l)…Read More Breaking News

AAO Adopted Decision: Matter of R-C-C-S-D- (Language Immersion School; Q-1 Program)

  • Posted on October 27, 2016
  • /Under AAO
Matter of R-C-C-S-D-, Adopted Decision 2016-04 (AAO Oct. 24, 2016) - (1) The Department of Homeland Security (DHS) may designate a language immersion school as an international cultural exchange program, such that the school may petition for teachers to serve as Q-1 exchange visitors, if the school satisfies three regulatory requirements: (1) public access; (2) a cultural component; and (3) a work component tied to the cultural component. See section 101(a)(15)(Q) of the Immigration and Nationality Act (the Act); 8 C.F.R. § 214.2(q)(3). (2) The school must demonstrate in the record the duration of…Read More Breaking News

BALCA Update: Filing a Second PERM for the Same Employee

This is an alert from AILA by the AILA DOL Liaison Committee On September 16, 2016, in Matter of Allianz-9-22-16, BALCA upheld the Certifying Officer’s (CO) denial where the employer had filed two PERM applications for the same employee with “substantially comparable job duties,” noting that in accordance with 20 CFR §656.24(e)(6), an employer is not permitted to have more than one labor certification actively in process for the same foreign worker in the same job opportunity.1 In this case, the employer submitted a PERM application for a “Paralegal and Legal Assistant.” The…Read More Breaking News

Two VAWA Win and One U Visa Victory last week!

October 24 2016 - The Shah Peerally Law Group PC is proud to congratulate its team especially Shabana for two amazing VAWA victories and one difficult U visa certification victory. Both of the VAWA cases were men who suffered in their relationships and the U visa certification for a woman who was constantly being abused by her boyfriend. We received the approval notices on Friday. Thank you and congratulations again to our team for a job well done! For those who want to know more about VAWA or U Visas, feel free to…Read More Breaking News

U.S. Citizenship and Immigration Services New Fee Schedule

The Department of Homeland Security (DHS) is adjusting the fee schedule for immigration and naturalization benefit requests processed by U.S. Citizenship and Immigration Services (USCIS). The fee schedule was last adjusted on November 23, 2010. USCIS conducted a comprehensive fee review for the fiscal year (FY) 2016/2017 biennial period and determined that current fees do not recover the full cost of services provided. DHS has determined that adjusting the fee schedule is necessary to fully recover costs and maintain adequate service. DHS published a proposed fee schedule on May 4, 2016. Under this…Read More Breaking News

More Visa Appointments Available for India through December 2016

Important Notice: U.S. Embassy and Consulates Increase Number of Available Visa Appointments through December The U.S. Embassy and the four U.S. Consulates in India have made thousands of extra visa appointments available from now through December 2016. Visa applicants and their family members are welcome to book appointments to take advantage of this time-limited opportunity. The increased availability of appointments has been made possible through a temporary increase in staffing to help eliminate wait times for travelers from India. Applicants may reschedule previously-made appointments and encourage their family members and friends who may…Read More Breaking News

Possible Options for H4 Children Dependents Turning 21.

  • Posted on October 19, 2016
  • /Under H1B
Immigration For those from India and China on EB2 and EB3 visas, the waiting time is far too long (see petition for reduction Of EB2 and EB3 time). This causes much concern for those who have children that are about to turn 21. H4 visas are attached to spouses and children that are dependents or are immediate family of H1 B visa holders. The H4 Visa has no limitations for spouses as long as the H1B is valid. Children who turn 21 unfortunately lose the H4 Visa, thus causing great problems for families…Read More Breaking News

Herguan University SEVP is being terminated

Based on federal regulation, Student and Exchange Visitor Program (SEVP)-certified schools are subject to a review of their certification at any time. On Oct. 6, 2016, SEVP informed officials at Herguan University that the school’s Student and Exchange Visitor Information System (SEVIS) access will terminate as of Jan. 11, 2017. As of Oct. 6, Herguan University will no longer be able to issue any new Forms I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” but will retain SEVIS access until the aforementioned date to manage any current student records. Herguan University nonimmigrant students…Read More Breaking News

Successful Outcome in a DOL case

October 10 2016 - One year ago, a client called us for consultation in a "panic mode" because his employer was refusing to pay him on his contract as an H1B employee. We recommended his case to the Department of Labor. The latter ruled in his favor. He was able to recover his full six months salary with penalties but also he was able to transfer his H1B based on the situation without a pay check stub. Now we are looking into a U visa for him. We wish him all the best!Read More Breaking News

USCIS Increases Validity of Work Permits to Two Years for Asylum Applicants

Effective October 5, 2016, USCIS has increased the validity period for initial or renewal Employment Authorization Documents for asylum applicants from one year to two years. Applicants with pending asylum claims file Form I-765, Application for Employment Authorization, under category (c)(8). This change applies to all (c)(8)-based applications that are pending as of October 5, 2016 and all such applications filed on or after October 5, 2016.Read More Breaking News

Shah Peerally Law Group PC (SPLG) launches Washington DC office!!!

Washington DC October 6 2016 - By popular demand the Shah Peerally Law Group PC has launched its Washington DC office three months ahead of schedule. The office - located at 1020 16th Street NW - is stationed in the heart of Washington DC two blocks away from the White House and in the vicinity of the United States’ most important institutions including the headquarters of the United States Customs and Immigration Service (USCIS). The office will provide legal services focusing on employment and investment based immigration law and will engage in advocacy…Read More Breaking News

Only around 66,000 out of the 179,000 expected H4 EAD applied

According to an article on Bloomberg BNA by Laura.D Francis, only 37% of those eligible to file for an H4 EAD, did file. "The DHS estimated that as many as 179,600 H-4 spouses would be eligible to apply for work permits during the first year. To date, however, only 66,571 applications have been filed and 58,232 approved, according to figures provided to Bloomberg BNA Sept. 30 by U.S. Citizenship and Immigration Services, the DHS agency that handles the applications. That’s about 37 percent of the eligible population." Unfortunately, this is not surprising based…Read More Breaking News

BALCA Reverses 372 Denials of Labor Certifications

This is a good example how some labor certifications are wrongfully denied. We are very happy that BALCA did reverse those decisions. Matter of Cognizant Technology, Sept. 29-30, 2016- "For the reasons stated below, we find that: (1) the Employer‟s COLA is a wage adjustment and not merely a per diem payment; (2) because the wage is not required to be stated in newspaper advertisements and in additional professional recruitment steps, a denial for failure to state a locality pay adjustment based on § 656.17(f)(3) or § 656.24(b)(2) is not supported by the…Read More Breaking News