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Greg Siskind on Immigration Law and Policy

OMBUDSMAN RECOMMENDS USCIS SHOW COMMONSENSE WHEN HANDLING H-1B CASES WITH LCA PROBLEMS

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The last few months have been extremely challenging for H-1B applicants as the Department of Labor iCert program for filing Labor Condition Applications has proven to be deeply flawed. Gone are the days of instant LCA approvals. Now, applications routinely take at least a week to approve and a high percentage of applications are being rejected because of problems with the DOL software.

Frequently, applicants need to file an application immediately to remain in status, but USCIS requires an approved Labor Condition Application be included with the application. The USCIS' Ombudsman has weighed in recommending USCIS revisit that policy. Instead, they are suggesting that USCIS

(1) Reinstate USCIS' previous practice of temporarily accepting an H-1B petition (Form I-129) supported by proof of timely filing of an LCA application with DOL, and issue a Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified LCA; and

(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly rejected.

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  1. George Chell's Avatar
    Asian hiring frenzy as unemployment goes up in the US and UK clearly tells us that it is not in the interest of rival countries such as Australia and Singapore to retaliate and restrict foreign hiring...

    http://abcnews.go.com/Business/wireStory?id=8886886

    http://www.zdnetasia.com/news/business/0,39044229,62058810,00.htm
    http://news.idg.no/cw/art.cfm?id=7CC7A6AB-1A64-6A71-CE60FC9AD1486811

    Countries such as Australia and Singapore which did not put their own restrictions on migration like others did, are seeing a rebound in employment as investment leaves the shores of the US along with the rejected migrants. So if you think protecting jobs for Americans will help you, think again! The Looser's Guild says that one less foreigner means one more American hired in IT jobs. But guess what? Where do you think those jobs are going?

    http://www.infoworld.com/d/adventures-in-it/appetite-it-manpower-grow-in-asia-hudson-340


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