USCIS, July 16, 2024 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the new provisions added to the Immigration and Nationality...
DOS, July 15, 2024 " On June 18, 2024, the Biden-Harris Administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college...
Cyrus D. Mehta and Jessica Paszko, July 13, 2024 "Portability under Section 204(j) of the Immigration and Nationality Act (INA) allows certain employment-based green card applicants to change jobs...
This document is scheduled to be published in the Federal Register on 07/12/2024 "The Department of State (the Department) publishes a final rule revising the Code of Federal Regulations to amend...
Visa Bulletin for August 2024
Matter of DNP America, BALCA, Oct. 6, 2015 - "Employer correctly answered the question in Section H6 because it was not requiring experience in the job offered. Instead, Employer accurately listed the primary experiential requirement in Section H10, H10-A, and H10-B as two years in a similar accounting position, which is consistent with the experiential requirement listed in the advertisement.
The Board has declared that the “deficient format of the form” which can give the appearance that an “employer was not in compliant” with the regulations, is not a sufficient basis for a denial. Federal Insurance, 2008-PER-00037, at 13 (Feb. 20, 2009). The format of ETA’s Form, specifically the CO’s broad interpretation of the question posed in Section H6, is largely responsible for the difficulty in the instant case.
Accordingly, we vacate the CO’s denial based on the inconsistencies in experiential requirements of the Form and the newspaper advertisement and order that the CO grant certification. Based on the foregoing, IT IS ORDERED that the denial of labor certification in this matter is hereby VACATED and that the Certifying Officer is directed to GRANT CERTIFICATION."
[Hats off to Deborah J. Notkin!]