BALCA found that the U.S. worker's lack of special skills was a lawful, job-related reason for rejection, and that the employer's failure to identify the requirements for the U.S. worker's previous position did not warrant denial. (Matter of Cisco Systems, 4/26/13) [Courtesy - AILA]
BALCA found that where an employer attestation in the recruitment report is submitted as evidence of recruitment on the employer's website in lieu of dated screenshots, the attestation must be in affidavit form. (Matter of DGN Technologies, 4/29/13) [Courtesy - AILA]
USCIS has started the data entry process for H-1B petitions selected in the lottery. Premium processing cases are being handled first and data entry for those cases should be completed by April 15. USCIS announced on March 15, 2013, that the 15-day premium processing clock will start on April 15. At the AILA Spring CLE conference on April 12, 2013, Donald Neufeld, Associate Director of the Service Center Operations (SCOPS) Directorate, informed the audience that data entry for non-premium processing cases will begin after the premium processing cases are entered. Data entry for non-premium cases will likely not be completed until sometime in May, and rejection notices for petitions not selected in the lottery will be sent out after that. Please note that when the cap was reached on the first day in 2008, USCIS did not complete data entry and issue receipt notices until late in May. Non-premium processing cases can only be converted to premium processing
after a receipt notice is issued.
Courtesy - AILA.