Shortcuts for BALCA appeal


Motion to Remand
A motion to remand may be appropriate when the sole issue in a pending opinion has already been settled in one or more BALCA cases. Before filing the motion, 29 C.F.R. section 18.33(c)(3) requires
A written motion before hearing must state that counsel conferred, or attempted to confer, with opposing counsel in a good faith effort to resolve the motion’s subject matter, and whether the motion is opposed or unopposed.

Motion to Expedite
In limited circumstances, BALCA will process cases out of order for humanitarian reasons or other compelling circumstances. An employer can request a Motion to Expedite after completing the confer/notify requirement to OFLC as cited above.10 Matter of Sunnyvale School District provides a good example of factors considered by BALCA in considering a Motion to Expedite.

Motions for En Banc Review
While not related to the speed of adjudication, another motion to consider is a Motion for En Banc Review. BALCA en banc decisions are binding on OFLC. BALCA is currently considering changes to the procedure by which it grants requests for en banc review. The current procedures are outlined in a memo dated July 19, 2017.12 Either the employer or OFLC can request en banc review. When a request is made, BALCA informs OFLC and the PERM is reopened for the brief period of time it takes BALCA to grant or deny review. Generally, en banc review is considered to ensure uniformity in decisions or if the proceeding involves a question of exceptional importance. Presently, BALCA tends to grant en banc review in a very small number of cases

Recent Memo's that severely impacts employment based Immigration



03/22/2018: AAO Decision of 03/19/2018 Affecting EB-1C Immigrant Seekers Leaving the Foreign Employers for Their Non-immigrant Stay in the United States for Two Years

Courtesy - OH LAW
  • Matter of S-P-, Inc., Adopted Decision 2018-01 (AAO Mar. 19, 2018) clarifies that a beneficiary who worked abroad for a qualifying multinational organization for at least one year, but left its employ for a period of more than two years after being admitted to the United States as a nonimmigrant, does not satisfy the one-in-three foreign employment requirement for EB-1C immigrant classification as a multinational manager or executive. On the same day of March 19, 2018, the USCIS issued a Policy Memorandum adopting this decision as "precedent" binding decision for any future cases. Read on.
  • For the last few years, the number of immigrants using this EB-1C classification has steadily increased, affecting EB-1 immigrant visa numbers backlog for Indians and Chinese. This precedent and binding decision will somehow affect some of them who stay here for two years after their leaving from their employers in their home countries.

Scrivener Error

Below is the extract from USCIS/SCOPS teleconference Agenda dated July 27, 2016 related to Scrivener Error

Although a petitioner may ask USCIS to correct a clerical error, whether the correction will actually be made is based on the totality of the record. (If the request to change the category is denied, note that an amended I-140 can be filed even if the Labor Certification has expired, as long as the original I-140 had been filed during the Labor Certification’s validity period.) Such requests cannot be granted for petitions that have already been adjudicated. For more information, read the USCIS website on “Petition Filing and Processing Procedures for FormI-140.”

Provisional Degree cert. is enough



ACCRAO EDGE (Electronic Database for Global Education) recommends that the Provisional Degree Certificate, offered in India, Pakistan, and Bangladesh, can be accepted as evidence of completing all requirements for the degree in question, the name of the degree, and the date upon which it was approved by the responsible university governing body. 

See the letter here

PARENTAL I-130 & I-485Document Checklist



Note: This list is for U.S. citizens who are petitioning for their foreign parent/s.
q Proof of Petitioner’s Status
o   Birth Certificate (U.S.)
o   Passport (U.S.)
o   Naturalization certificate
q G-325A Biographic Information
o   Petitioner
o   Beneficiary
q Appropriate Photographs (Permanent Residence or “Green Card” style)
o   Two photographs of the USC
o   Two photographs of the foreign parent
o   Photograph instructions at
q Evidence of Parental relationship
o   A copy of your birth certificate showing your name and your parents name
o   A copy of your parents’ civil marriage certificate
o   Copy of your marks card indicating any of your parents name.
o   Copy of your previous passport indicating your parents name.
o   Any other proof showing establishing your parents.

q For Financial support

o   Form I-864 Affidavit of Support
o   US federal tax return for the most recent filing year with copies of any Form 1099 or W-2.
o   US federal tax returns for an additional two years. (if any)
o   Pay stubs for the previous three months.
o   Employment verification letter: The letter must include your full name, salary, job title, and start date. It should be printed on company letterhead, include the address and telephone number of the company, and be signed by an authorized company representative.
q Others

o   Copy of the PARENTS valid passport and any expired passports.
o   Medical exam in a sealed envelope
o   Copies of current and previously issued US visas and other related immigration documentation (e.g., Forms I-797 Approval Notices, Forms I-20 or DS-2019, Employment Authorization Documents, and Forms I-94) or automated Forms I-94 obtained online here.

GOOD NEWS !!! EMPLOYMENT AUTHORIZATION (EAD) FOR CERTAIN H-4 DEPENDENT SPOUSES

Friends - USCIS has released announcement that certain H-4 dependent spouses will be eligible to work beginning from May 26, 2015. Those eligible H-4 dependent spouses are:
Who is eligible
·         The principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
·         The H-4 dependents of H-1B nonimmigrant who have extended their H-1B status beyond the usual six-year limit based on an approved I-140 or based on 365 days or more have elapsed since the filing of a labor certification under AC21 guidelines.
How to file for Employment Authorization

  • The above indicated H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required $380 fee starting from on May 26, 2015 in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD) to begin working.