Most of appeal cases are directed to AAO (Administrative Appeals Office). All denials of nonimmigrant visas or immigrant visas are eligible to file for an appeal or motion to reconsider or reopen within 30 days of the decision.

I-9 E-Verify Requirement

 U.S. Employer must review an employee’s documents to verify employment eligibility and attest under penalty of perjury on Form I-9. The Employer is required to retain the form for three years after the date of hire or one year after employment gets terminated. If the employer knowingly continues to hire an unauthorizaed worker, the employer can be subject to sanctions and penalties under the law.

LCA Audit & Filings

LCA (Labor Condition Application) must be filed electronically on ETA 9035E containing the number of # of workers, sought, the occupational classification, the prevailing wage and method used to determine, the wage rate and the working condition; and it is valid for the period of employment up to maximum of three years. The Employer must maintain ‘public access file’ including certified LCA accessible to any one at employer’s place of business or worksite. Failure to comply with all LCA requirements may result in a fine and debarment from approvals of any H1B, E3 visas or IVs for at least one year.

Labor Certification Audit

Labor Certification processing (LC) is to test the labor market is applicable to EB2 and EB3 categories of immigrant petition (Permanent residency). An audit may be issued for LC if there is need to review an individual LC application or due to a random request for quality control by the Department of Labor. Once audit is issued, it must be responded within 30 days and the employer has the burden of proof that the company has complied with the regulation.