26 August 2014

BALCA is Fair, Who Knew?!

Those employers who have filed a Labor Certification on behalf of a foreign worker understand the tediousness involved in this process. The system is relentless and unforgiving and Certifying Officers (CO) have very broad discretion in the decision-making process. Recently, the Board of Alien Labor Certification Appeals (BALCA) has been issuing very logical and fair decisions, which of course is beneficial to Employers. This can especially be seen in a recent en banc BALCA decision.  Continue reading

13 August 2014

Recapture PLUS 7th Year H-1B Extension? YES, YOU CAN!

Hi ALL! Welcome back!

A question was recently posed to me concerning an H-1B, 7th year extension, but there was a little twist involved:

What if I still have time left before the end of my 6th year on H-1B, can my employer request the 7th year extension in anticipation that the filed Labor Certification will still be pending at that time?

 The answer is YES. Continue reading

28 July 2014


Hi ALL! Welcome to my blog. The first thing I would like to discuss today is the PERM Labor Certification process and the importance of getting it started when the opportunity presents itself.  Continue reading