BALCA Upholds Denial Where Attorney Failed to Sign ETA 9089 in Audit Response

In the Matter of TLH Construction, 8/19/10, BALCA affirmed a denial where the attorney did not sign the ETA 9089 that was submitted with the audit response. BALCA noted that the instructions provided clear notice to the employer that the 9089  must be signed the attorney or representative agent.

In light of the recent increase in PERM audits, practitioners should take note and make proper preparations for their PERM audit file.

 

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EB2 to EB3 Conversion and Filing I-485 Concurrently

With Employment Based Third Category (EB3) priority dates moving faster for India, we are frequently asked if a Beneficiary in EB-2 can downgrade and convert their immigrant petition to an EB-3 classification, so that they would be able to file their I-485 and EAD for their entire family sooner (and maybe even concurrently). The answer is YES, it is possible to do so. Here are some Frequently Asked Questions!

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