LexisNexis® Legal Newsroom
The Supervised Recruitment Rollercoaster - The Ride Thus Far

"You filed a spotless labor certification. It was a perfect case, a perfect employer and a perfect employee with the perfect qualifications. Yet, one day, there it was in the mail. The dreaded Notification of Supervised Recruitment ("NSR")." - Cora-Ann V. Pestaina, Feb. 27, 2012...

My I-94 Just Expired...Help!

"Remaining in the U.S. beyond the period of authorized stay as granted on the I-94 may cause the foreign national to be out of status and unlawfully present in the U.S. Staying beyond the period authorized is a violation of U.S. immigration laws and may result in the foreign national being barred...

BALCA, What Have You Been Up To So Far in 2015? - Cora-Ann V. Pestaina

"I’m sure all PERM practitioners would agree that it’s always good (in fact necessary!) to check in with the Board of Alien Labor Certification Appeals (BALCA). One never knows what issues BALCA will comment on next and as we navigate those often treacherous PERM waters, we need all...

Are We Truly Welcoming Foreign Entrepreneurs to America?

Cora-Ann V. Pestaina, Oct. 20, 2015 - "Unfortunately, too often a benefit conferred on one hand is taken away by the other hand. USCIS has created these seemingly great avenues for entrepreneurs but other USCIS initiatives and other agencies such as the Department of Labor (DOL) make it harder for...

How a Single Complaint Can Lead to an H-1B Investigation - Cora-Ann V. Pestaina

Cora-Ann V. Pestaina, Dec. 31, 2015 - " A recent U.S. Court of Appeals decision in Greater Missouri Medical Pro-Care Providers, Inc. ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), is worth noting as it addressed the issue of how much latitude the DOL has to investigate an H-1B employer’s...

A Closer Look At The Form I-983 Training Plan for STEM OPT Students - Cora-Ann V. Pestaina

Cora-Ann V. Pestaina, Apr. 27, 2016 - "In order to obtain this new 24-month STEM OPT, the employer must have an Employer Identification Number (EIN) and be enrolled in and using the E-Verify program at the STEM OPT worksite. The employment opportunity must be directly related to the student’s...

Can a STEM OPT Student Be Employed At A Third Party Client Site? - Cora-Ann V. Pestaina

Cora-Ann V. Pestaina, June 13, 2016 - " The most frequently asked question in response to my recent blog entitled, “A Closer Look At The Form I-983 – Training Plan for STEM OPT Students” , is whether a STEM OPT student can be employed at a third party client site or at multiple...

BALCA Holds That Failure To Disclose A ‘Wage Adjustment’ Is Not A Valid Denial Ground - Cora-Ann V. Pestaina

Cora-Ann V. Pestaina, Oct. 18, 2016 - " Recently, in the representative case, Matter of Cognizant Technology Solutions US Corp , 2013-PER-01488 (BALCA, September 29, 2016), the Board of Alien Labor Certifications Appeals (BALCA) reversed 382 PERM denials finding, most significantly, that the employer’s...

BALCA Update: Recent Notable Cases - Cora-Ann Pestaina

Cora-Ann Pestaina, Dec. 14, 2016 - "While we have no idea what the labor certification process will look like under the Trump administration, it still behooves all PERM practitioners to keep up with the Board of Alien Labor Certification Appeals (BALCA) decisions as they continue to directly affect...

Matter of Dhanasar: The New National Interest Waiver Standard - Cora-Ann Pestaina

Cora-Ann Pestaina, Jan. 10, 2017 - "Overturning nearly two decades of precedent on how an individual qualifies for the National Interest Waiver (NIW), the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) recently issued a precedent decision, Matter of...

Is There A Hidden Agenda? Suspension of Premium Processing for All H-1B Petitions - Cora-Ann Pestaina

Cora-Ann Pestaina, Mar. 8, 2017 - "In one move that we did not see coming, USCIS has announced that, starting April 3, 2017, it will temporarily suspend premium processing service for all H-1B petitions. Petitioners will not be able to file Form I-907, Request for Premium Processing Service, for...

7 Points To Remember Regarding Resume Review In The PERM Process - Cora-Ann Pestaina

Cora-Ann Pestaina, Apr. 24, 2017 - "The employer’s review of resumes received from applicants continues to be one of the trickiest issues in the PERM labor certification process. The process might seem straightforward enough because, after all, employers filing PERM applications are likely...