USA, Fakhoury Global Immigration updates

Immigration

Contributed by Fakhoury Global Immigration
PERM: all about FLAG
  • USA
  • 29 November 2019

The Department of Labour has introduced its electronic review officers and launched its new online portal: the Foreign Labour Application Gateway (FLAG). The FLAG portal is not yet up and running for Programme Electronic Review Management applications, but is available for all labour condition, temporary H-2A and H-2B and prevailing wage applications.

Update on implementation of H-1B registration rule for employers filing H-1B cap-subject petitions for FY 2021
  • USA
  • 15 November 2019

In January 2019 the US Department of Homeland Security passed a rule that amended the regulations governing the H-1B cap-subject selection process. One of the biggest changes requires employers seeking to file an H-1B cap-subject petition to register the foreign national with the US Citizenship and Immigration Services online electronic registration system. This article sets out some of the items to be aware of with respect to the online electronic registration system for the upcoming H-1B cap season.

New presidential border security and immigration memorandum
  • USA
  • 17 May 2019

President Donald Trump has issued a memorandum to the attorney general and secretary of homeland security as a follow-up measure to a recent proclamation which declared a national emergency in order to address the security and humanitarian crisis at the US-Mexico border. The memorandum confirms that further steps should be proposed to enhance the integrity and efficiency of the existing asylum system.

BALCA approval of equivalency language is double-edged sword
  • USA
  • 10 May 2019

The Board of Alien Labour Certification (BALCA) recently reversed a decision where a certifying officer had denied a Programme Electronic Review Management labour application because the employer had not specified the exact combination of education, training and experience equivalent to a bachelor's degree that would be acceptable. BALCA held that the language used by the employer had been acceptable.

BALCA disregards Form 9089 Section K licence instruction
  • USA
  • 03 May 2019

The Board of Alien Labour Certification recently ruled that there is a lack of clarification about licensing on Form 9089 and that a Programme Electronic Review Management application should not be denied for failure to state the alien's acquisition of a licence. However, the fly in the ointment is that while Form 9089 does not itself clarify this point, the separate instructions to the form do require employers to include licence acquisition.


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