Green Card

By Editorial Team , 25 September 2007

DOL still accepts some Reduction in Recruitment (RIR) Conversions for traditional LABOR CERTIFICATION cases.

As of October 27, 2006, the Labor Department (DOL) is still accepting conversions of traditional Labor Certification cases (non-PERM) to Reduction in Recruitment (RIR), PROVIDED that the job order has NOT yet been placed for the traditional case. If an RIR conversion is received by DOL with a postmark or express courier shipping date that is prior the date DOL places the job order, DOL will accpet the RIR conversion and cancel the job order.

Of course, petitioners may wish to consider converting the case to PERM instead.

By Editorial Team , 2 July 2007

USCIS "is rejecting applications to adjust status (Form I-485)" for all non-current categories under the NEW July Visa Bulletin

As a result of the State Department updating its July 2007 Visa Bulletin on July 2, 2007, declaring all Employment-based preference categories to be unavailable, the USCIS has now announced that it "is rejecting applications to adjust status (Form I-485) filed by aliens whose priority dates are not current under the revised July Visa Bulletin."  The USCIS Press Release is as follows:

By Editorial Team , 3 January 2007

BALCA rules close relationship between labor certification sponsor and prior employer may disqualify prior experience.

The Board of Alien Labor Certification Appeals (BALCA) ruled (on or about December 7, 2006) that experience gained by the employee, beneficiary, with a prior employer may be disqualified if the sponsoring employer and the prior employer have a close relationship.  The general rule is that experience gained with the sponsoring employer can not be considered, absent special circumstances, as experience to qualify the beneficiary for the job offered in the labor certification.  In this ruling, BALCA has effectively held that experi

The message on my Corrections List states, "Failed Existence Check: Employer's address/phone number does not reference back...

The message on my Corrections List states, "Failed Existence Check: Employer's address/phone number does not reference back to employer's name." What should I do to resolve this problem?

According to the Labor Department:

You must submit a copy of the employer's articles of incorporation, business license, state registration, or other official documents that establish the employer as a bona fide business entity at a specific address to the appropriate Backlog Processing Center.