We
filed an application with the Department Of Labor
regional office in Atlanta GA for 40 housekeepers
from the Philippines on behalf of a local hotel. At
first the application was denied on the grounds that
the employer had not established a temporary need
for the 40 unknown aliens. We contacted the labor
department and provided additional evidence. After
another denial, we submitted our case to the USCIS
by including a rebuttal and countervailing evidence.
The USCIS overturned the DOL decision. The director
of USCIS had determined that sufficient countervailing
evidence had been submitted by us to show that qualified
persons in the United States are not available, that
the employment policies of the Department of Labor
had been observed and that the need for the services
to be performed was peak load and temporary. In approximately
five days, we received an approved I-129 for 40 unnamed
aliens. But when they went for their interview at
the Manila consulate, they were all denied their visas.
We then contacted the USCIS officer in Mesquite Texas
and he transferred the I-129 from Manila to Kingston
Jamaica where all 40 passed their interviews and the
visas were issued in one day!!
"The
race is on. Best time to file is April as the next
fiscal year begins October 1, 2008"
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