The Department of Labor’s Board of Alien Labor Certification Appeals (BALCA) ruled in April 2010 a case concerning advertisement requirements in Perm application. In the Matter of Xpedite Technologies, Inc., a case consolidating other cases with similar situations, the employer filed Perm applications for the purpose of employment-based immigration petitions. The Department of Labor (DOL) issued notices to audit the Perm application.
The Board of Immigration Appeals in a 2010 asylum application case opined on the situation of change of circumstances.
In the Matter of T-M-H, the asylum applicants were husband and wife from China. Their asylum application was filed based on China’s one-child policy after their second child was born, but the application was not filed within one year from their entry to the United States. Per the regulations, they should be barred to file their asylum application because of not filing timely under the 1-year rule. Notwithstanding the delayed filing, the Immigration Court granted the asylum application on the ground that there was a “changed circumstance,” which was the born of a second child. The Immigration Judge determined that the asylum applicants satisfied an exception to the1-year asylum filing deadline because their applications were filed within 1 year of “changed circumstances” that materially affect their eligibility for asylum.
H-1B is the most commonly used working visa for U.S. employers to hire qualified foreign works. There are many requirements involved in hiring H-1B workers. In addition to those requirements, there are certain special obligations apply to a class of H-1B dependant employers.
The Administrative Appeals Office (“AAO”) of the U.S. Citizenship and Immigration Services (“USCIS”) on April 15, 2010 made a decision on an appeal case in a matter of whether the position of a Market Research Analyst is a professional job.
OPT Unemployment Period
In 2008 the Department of Homeland Security changed certain rules on the implementations of Optional Practical Training (OPT). The OPT rules are particularly important to many F-1 students as they may need the period of time to stay in OPT before they can apply for change of status to other nonimmigrant status such as H-1B or other statuses in order to stay legally in the US after graduation.
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