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Friday, 12 March 2010 |
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Due to several changes at the Department of Labor, the processing time for Labor Condition Applications (LCAs) has increased from immediate approval upon electronic submission to several months. The causes of the delay are twofold; one is that the DOL is spending time on "employer existence verification" and is frequently denying LCAs if they cannot verify the existence of an employer and the second is that on January 1, 2010, the prevailing wage determination function was removed from the states and centralized in DOL headquarters in Washington. The centralization of the prevailing wage determination has caused serious delays and attorneys report that many published prevailing wages on the DOL website have been removed so that a guess has to be made in submitting indepedent authoritative wage surveys as to whether the alternate wage data will be accepted. This nightmare now requires many months advance planning. |
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Thursday, 11 March 2010 |
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H-1B Filing Opens on April 1, 2010 for employment to begin on October 1, 2010 and all non-exempt H-1B petitions should be filed that day. There will be 65,000 H-1B numbers available as of April 1, 2010, for employment to commence no earlier than October 1, 2010. Unlike in prior years, USCIS informally advises that it does not anticipate receiving 65,000 qualified H-1B petitions on opening day. This is due to a number of factors, including the economy which has decreased the demand of H-1B workers; the increase in practical training from one year to 29 months for STEM occupations; and the crushing blow to H-1B employers by the Neufeld Memo on January 2010 which attempts to prohibit many staffing companies from filing as H-1B petitioners. As demand is unknown, we urge you to contact us at
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immediately for information on meeting the filing deadline. |
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Tuesday, 16 March 2010 |
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Pederson Immigration Law Group were the lawyers in a successful hardship waiver case for an Iraqi physician who received Fulbright funding. The case was initially denied by the Department of State, which reversed its decision on the presentation of additional persuasive evidence presented by Jan Pederson and Jessica Marks. Overcoming the Fulbright funding was the biggest challenge in the case. |
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