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  1. BALCA Determines that Online Header in Advertisement Was Not Controlled by Employer

    The Board of Alien Labor Certification Appeals (“BALCA”) recently considered Matter of SDG Post Oak, LP. In this case, the employer sponsored the position of a “Line Cook.” The case was selected for supervised recruitment and the Department of Labor (“DOL”) instructed the employer to post the position through the Beaumont Enterprise’s Hotjobs / monster.com site. In drafting the labor certification, the employer stated that the minimum requirements were six months of experience as a line cook or six months of related experience in restaurant food preparation. However, in the caption above the text advertisement on the monster.com site, the experience requirements were listed as one to two years. The DOL denied the case on the basis that the advertisement failed to list the employer’s true minimum requirements. In response, the employer submitted documentation from the Beaumont Enterprise that “it selected the advertisement header without the employer’s or legal counsel’s knowledge and consent.” The employer stated that any candidate could have read the full description of the position provided below the advertisement header to learn the requirements of the position. In reviewing the case, BALCA determined that the employer had followed the recruitment instructions provided by the DOL, and the “header added to the advertisement by the publisher was not part of that advertisement.” Furthermore, BALCA stated that “the possibility that the header materially impacted the supervised recruitment results is unlikely.” Consequently, the denial was overturned. This case establishes that employers should not receive denials in cases where the advertisement publisher inserted information into a header or other drop box. This post originally appeared on HLG's Views blog by Cadence Moore. http://www.hammondlawgroup.com/blog/

  2. Jewish Singer Helps Syrian Refugees In Memory of Holocaust Victims. By Roger Algase

    As anti-immigrant feeling sweeps through America, targeting Syrian refugees among others, it is easy for many Americans to forget that this country was founded by immigrants seeing to escape oppression and persecution, and that so many of our own families came here for the same reason. In many respects, the story of the Syrian refugees who are fleeing war, dictatorship and religious persecution in their country is our story too.

    But while this point may be lost on many Americans who have been exposed to right wing propaganda demonizing these refugees as potential "terrorists" or "burdens" on our social services, an Austrian Jewish folk singer whose father was a refugee from the Nazis who killed half of his family, is now helping Syrian refugees to reach safety in Germany in memory of Holocaust victims.

    See: Huffington Post: For A Jewish Austrian Folk Singer, Helping Refugees Is Personal. (September 25)

    http://www.huffingtonpost.com/entry/...ees-hungary-au...

    Huffington Post quotes Hans Breuer, who also works as a shepherd, as describing why he wants to help the Syrian refugees"

    "'My father was a refugee and half of his family was killed in the Nazi time, so how can I resist helping these people?"

    The story continues:

    "His [Breuer's] father escaped to London just as the borders were closing. After the war, he returned to his native Austria, where he met Breuer's mother, a non-Jewish anti-fascist activist who had been tortured by the Gestapo for resisting the Nazis...

    The novelty of a Jewish Austrian man helping mostly Arab refugees is not without its poetic moments. Earlier this month, Breuer picked up a family of Syrian-Palestinian refugees who had fled the Yarmouk refugee camp in Damascus, Syria.

    Breuer and the family can be seen singing the chorus of the Yiddish song: 'Oyfn Veg Shteyt A Boym' ('By The Road Stands A Tree')..."

    Huffpost quotes Breuer as describing another encounter with Syrian-Palestinian refugees in one of Hungary's notorious refugee camps:

    "They said they came from Syria, and then the mother said from Palestine too - and I said I am a Jew, and we make a Jewish-Palestinian handshake...This was a moment where humanity was breaking through."​

    This might also be a good time for humanity to break through with regard to letting many more Syrian refugees into the United States, instead of trying to stigmatize them as "terrorists" and "welfare takers" for purely political motives.
    ______________________
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 30 years, he has been helping mainly business and professional immigrants obtain work visas, green cards and US citizenship.

    Roger's email address is algaselex@gmail.com



    Updated 09-26-2015 at 10:37 AM by ImmigrationLawBlogs

  3. DHS Suddenly Moves Back India, China EB-2 Filing Dates. Why? By Roger Algase

    The presumed immigration restrictionist moles inside the DHS whom Immigration Daily's September 25 editorial predicted would try to change the October 2015 visa bulletin in order to force many immigrants, especially from India and China, to wait longer in order to file for adjustment of status have apparently won out.

    On the same day, September 25, DHS issued a revised October visa bulletin which significantly moves back I-485 filing acceptance priority dates in certain popular categories. This will come as bad news to many applicants from India, China and the Philippines.

    Employment 2nd preference immigrants from China, who would have been able to file for adjustment of status next month without regard to their priority date, according to the earlier version of the October 2015 visa bulletin, have now had their the filing acceptance priority date moved back to January 1, 2013.

    For India, the news is even worse, as the filing acceptance date priority for the EB-2 category has been moved back all the way to July 1, 2009. For the Philippines the I-485 filing acceptance dates for the EB-3 and Other Workers categories have been moved back to January 1, 2010.

    What benefit the United States could imaginably gain by forcing legal immigrants from certain Asian countries, who in most cases have already been or are waiting to be certified by the US Department of Labor as applicants who will not deprive US workers of a job opportunity, to wait several years longer to apply for work and travel permits, was not explained in the revised Visa Bulletin.

    See:

    http://travel.state.gov/content/visa...ober-2015.html
    _______________________
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 30 years, he has been helping mainly skilled and professional immigrants obtain work visas, green cards and US citizenship.

    Roger's email address is algaselex@gmail.com

    Updated 09-26-2015 at 10:46 AM by ImmigrationLawBlogs

  4. Germany Has The Most Enlightened Attitudes Toward Immigrants. By Roger Algase


    A Pew Research Center Report dated September 24 and entitled: What Americans, Europeans, think of Immigrants compares attitudes toward immigrants in Europe and America by country.

    Germany leads the way in positive attitudes toward immigrants, according to the report, with 66 percent agreeing with the statement that immigrants Make our country stronger because of their hard work and talents.

    In contrast, only 29 per cent of Germans surveyed agreed with the statement that immigrants Are a burden on our country because they take our jobs and social benefits.

    By comparison, in the US, 51 percent agreed with the first, positive view of immigrants and 41 percent agreed with the second, negative view.

    In the UK, the percentages were 52 per cent for the positive view and 37 per cent for the negative.

    Greece and Italy, perhaps because they have born the brunt of the refugee crisis from the Middle East and North Africa, have the lowest positive attitude toward immigrants, 19 per cent each, and the highest negative one, 70 per cent and 69 per cent, respectively.

    Germany was one of the leading countries of the Age of Enlightenment. When it comes to enlightened attitudes toward immigrants, Germany is now at the forefront.

    For the full Pew report, see:

    http://www.pewresearch.org/fact-tank...of-immigrants/

    I wish to thank my colleague and distinguished immigration law scholar, Nolan Rappaport, for bringing this study to my attention.
    ________________________
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 30 years, he has been helping mainly skilled and professional immigrants obtain work visas, green cards and US citizenship.

    Roger's email address is algaselex@gmail.com

    Updated 09-25-2015 at 02:13 PM by ImmigrationLawBlogs

  5. BALCA Determines that Employee Referral Program Begins When Employees are Alerted to

    The Board of Alien Labor Certification Appeals (“BALCA”) recently considered when the validity period of an ongoing employee referral program begins. In Matter of Mphasis Corporation (successor in interest to AIG Systems Solutions Private Limited), BALCA reviewed a case that was denied on the basis that the recruitment conducted by the employer for the position of “Senior Programmer Analyst” did not occur within the validity period of the prevailing wage determination. Specifically, the employer stated on the Form ETA 9089 that it conducted an employee referral program starting on July 1, 2007. However, the prevailing wage determination validity period was from July 9, 2007 until October 10, 2007. The case was not filed until October 19, 2007. In response to the denial, the employer provided evidence that its employee referral program is ongoing and had been in existence since 2003. Consequently, BALCA determined that the “precise question for determining when the recruitment on the [employee referral program] commenced is when the company employees know a vacancy exists for which they can make a referral.” In reviewing the evidence, BALCA found that the employees were not alerted to this position until it was promoted internally on September 20, 2007. As a result, BALCA determined that the employee referral program did occur within the prevailing wage determination validity period and the denial was overturned. This case provides critical information about when an ongoing employee referral program is considered to have begun. This post originally appeared on HLG's Views blog by Cadence Moore. http://www.hammondlawgroup.com/blog/

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