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By David Carson

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Last Entry: September 16, 2008 at 14:00:39

BALCA :: ?Good-faith? Recruitment Effort

Posted on January 19, 2007
Outback Steakhouse, 2005-INA-00096. Although the Employer’s efforts were not vigorous, they were reasonable and constitute good faith efforts under the Act.

H-1B :: AC 21 Guidance :: Sec. 106 :: +1 Yr

Posted on January 05, 2007
Sec. 106. Special Provisions in Cases of Lengthy Adjudications.

H-1B :: AC 21 Guidance

Posted on January 04, 2007
(more…)

H-1B :: Aytes Memo Dec. 5, 2006 :: H4 Admission and Remainder Option

Posted on December 05, 2006
Aytes Memo Dec. 5, 2006. Guidance on Determining Periods of Admission for Aliens Previously in H-4 or L-2 Status; Aliens Applying for Additional Periods of Admission beyond the H-1B Six Year Maximum; and Aliens Who Have Not Exhausted the Six-Year Maximum But Who Have Been Absent from the United States for Over One Year...

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H-1Bs and Yale :: Foreign alums cope with visa troubles :: Yale Daily News

Posted on October 05, 2006
“At least 11 of the 113 international students in the Class of 2006 were affected by the H-1B shortage, according to an e-mail survey conducted by OISS Assistant Director Monica Weeks. But that figure is probably an underestimate, as some affected graduates may not have received the e-mail or chosen to respond, she said...

PERM :: Kellogg Language

Posted on September 25, 2006
Francis Kellogg, 1994-INA-465 and 544, 1995-INA 68 (Feb. 2, 1998) (en banc), “where the alien does not meet the primary job requirements, but only potentially qualifies for the job because the employer has chosen to list alternative job requirements, the employer?s alternative requirements are unlawfully tailored to the alien?s qualifications, in violation of [the pre-PERM regulation [...

EB-1 :: ?Permanent Offer of Employment? :: Aytes Memo

Posted on June 07, 2006
Aytes Memo :: June 6, 2006. Guidance on the Requirement of a “Permanent Offer of Employment” for Outstanding Researchers and Researchers.

H-1B :: US Masters Exemption :: Aytes Memo

Posted on May 03, 2006
Aytes Memo :: May 2, 2006 :: US Masters Exemption. H-1B Cap Exemption for Aliens Holding a Master’s or Higher Degree from a U.S. Institution.

AC 21 Guidance :: I-140, I-485 and H-1B :: Aytes Memo

Posted on December 27, 2005
Aytes Memo :: May/December 2005. Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).

Interview :: Reschedule / Failure to Appear :: Aytes Memo

Posted on November 23, 2005
Aytes Memo :: November 23, 2005. Guidance on Evaluating a Request for the Rescheduling of an Interview and Handling the Failure of an Applicant, a Petitioner, a Sponsor, a Beneficiary, or other Individual to Appear for a Scheduled Interview.

INA 214(b) :: Basis of Refusal Not Equivalent to Inadmissibility or Immigrant Intent

Posted on March 25, 2005
State Department Wire :: March 24, 2005 INA 214(b), Basis of Refusal Not Equivalent to Inadmissibility or Immigrant Intent

245(i) :: Approvable When Filed

Posted on March 09, 2005
Yates Memo :: March 9, 2005 :: Approvable When Filed Clarification of Certain Eligibility Requirements Pertaining to an Application to Adjust Status under Section 245(i) of the Immigration and Nationality Act.

Adjudication of Form I-539 for V-2 and V-3 extension

Posted on January 10, 2005
O?Reilly Memo :: January 10, 2005 IF the only reason for potentially denying an I-539 filed for V-2 or V-3 extension is that the alien has tuned 21, the application shall be approved and the period of admission shall be in accordance with 8 CFR 214.15(g)(1) (granted a period of admission not to exceed two [...

Adjudication of Benefit Applications Involving NSEERS Registrants

Posted on April 02, 2004
Yates Memo :: April 2, 2004 Adjudication of Benefit Applications Involving NSEERS Registrants.

BALCA :: Layoffs :: Compaq

Posted on September 03, 2003
Compaq Decision. “We find that a CO may decline to grant an RIR when an employer which has laid off numerous U.S. workers, limits its consideration of qualified workers to those in a localized facility, and does not address the potential availability of workers from other locations...

H-1B :: AC 21 Guidance :: Yates Memo

Posted on April 24, 2003
Guidance for Processing H-1B Petitions as Affected by the Twenty-First Century Department of Justice Appropriations Authorization Act (Public Law 107-273); Adjudicator’s Field Manual Update AD 03-09 -Yates Memo :: April 24, 2003 (.pdf)

EOS/COS Bridge :: Authorized Stay :: Cook Memo

Posted on March 27, 2003
Interpretation of “Period of Stay Authorized by the Attorney General” in determining “unlawful presence” under INA section 212(a)(9)(B)(ii). -Authorized Stay :: Cook Memo :: March 27, 2003 (.pdf)

Utilization of ?Dormant? H-1B Approvals

Posted on April 24, 2002
Approved H-1B petitions remain valid until they either expire or are revoked by the Immigration and Naturalization Service. -Hernandez Letter (to Sheela Murthy) :: Apr. 24, 2002 (.pdf, 4 pgs)

Social Security Cards and the Adjudication of H-1B Petitions

Posted on November 20, 2001
The Purpose of this memorandum is to provide field offices with guidance on the adjudication of H-1B petitions where the beneficiary is unable to obtain a state license because he or she is not in possession of a social security card. -Cook Memo :: November 20, 2001(...

H-1B AC21 Guidance :: Pearson Memo :: June 19, 2001

Posted on June 19, 2001
H-1B AC21 Guidance :: Pearson Memo :: June 19, 2001. Initial Guidance for Processing H-1B Petitions as Affected by the “American Competitiveness in the Twenty-First Century Act” (Public Law 106-313) and Related Legislation (Public Law 106-311) and (Public Law 106-396).

Revision of March 14, 2000 Dual Intent Memorandum

Posted on May 25, 2000
Revision of March 14, 2000 Dual Intent Memorandum -Cronin Memo :: May 25, 2000 (.pdf)

Period of Stay :: 120-day tolling :: Pearson Memo

Posted on March 03, 2000
Period of stay authorized by the Attorney General after 120-day tolling period for purposes of section 212(a)(9)(B) of the Immigration and Nationality Act. -Period of Stay :: 120-day tolling :: Pearson Memo :: March 3, 2000 (.pdf)

Waiver of Foreign Residency Requirement and Adjustment of Status for J-Nonimmigrants :: Virtue Memo

Posted on February 17, 1998
To: District Directors Service Center Directors Officers-in-Charge Regional Directors From: Office of Programs Effective immediately, the Service will accept adjustment of status applications from aliens who are subject to the 2-year foreign residence requirement of section 212(e) of the INA provided that the United States Information Agency (USIA) has recommended a waiver of such foreign residence...

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