Kathryn Karam on Shortage of Workers in Hotel Industry

Posted on April 02, 2014 by Kathryn N. Karam

Kathryn Karam is quoted in an article in the Houston Business Journal on the rapidly rising number of hotels in Houston and the lack of available workers to fill these positions.

Sixth Circuit Court of Appeals Finds I-140 Beneficiary has Standing to Sue over Denial of Employment-Based Visa Petition

Posted on October 15, 2013 by Kathryn N. Karam

In Patel v. USCIS, the Sixth Circuit Court of Appeals held that the Beneficiary of an I-140 (Employment-Based) visa petition had standing to sue under the Administrative Procedures Act. This decision is particularly interesting because the Petitioning Employer who filed the I-140 petition failed to obtain a labor certification for the Beneficiary before filing the I-140, which is a requirement for filing the I-140. Instead, the Petitioner included a Labor Certification obtained by a different employer for the Beneficiary several years ago with the I-140 petition. The Court appears to believe that the I-140 was approvable as filed and that USCIS was arbitrary and capricious in denying the I-140. It will be interesting to see what happens in this case!

Exciting PERM decisions issued!

Posted on July 30, 2013 by Kathryn N. Karam

In Matter of Chabad Lubavitch Center (2011-PER-02614), the Board of Alien Labor Certifications (BALCA) held that requirements for the content of newspaper ads placed as part of the recruitment process for PERM Labor Certifications are applicable to State Workforce Agency (SWA) Job Orders. A PERM denial was overturned where the Job Order did not state the exact same requirements as the newspaper ads placed for the recruitment.

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