On June 20, 2012, the US Embassy in Mexico City announced changes to E nonimmigrant visa processing procedures at the US Embassy and other consular posts throughout Mexico. The changes centralize E visa applications and the review of application packages, allowing the consular staff to coordinate E visa expertise, resulting in more consistent decisions on the applications. Beginning July 1, 2012, all E-1 or E-2 visa applications must be both:

For more information on nonimmigrant visa statuses, including the E visa category, see Key Nonimmigrant Visa Classifications Chart. For more information on visa applications, see Practice Note, Applying for a Nonimmigrant Visa to the US.

On June 14, 2012, the Board of Alien Labor Certification Appeals (BALCA) issued its decision in Matter of Kohler Co. (2011-PER-00722 (Dep't of Labor June 14, 2012)). Kohler Co. adopted the test outlined in Matter of Sanmina-Sci Corp. (2010-PER-697 (Dep't of Labor Jan. 19, 2011)) to show that an employer has met the regulatory requirements regarding an employee referral program. Sanmina-Sci's three-part test requires an employer to show that its:

BALCA noted that the employer's notice of filing could satisfy the third prong of the test.

For more information on PERM labor certifications, see Practice Notes, PERM Labor Certification: Overview and The PERM Labor Certification Process.

The Department of State's Bureau of Consular Affairs issued the July 2012 Visa Bulletin on June 8, 2012, containing a significant regression in the availability of employment-based second preference (EB2) immigrant visas for all nationalities. This regression will delay the issuance of lawful permanent resident (LPR) status (green card holder) to foreign workers sponsored under the EB2 category. For more information on the EB2 category and the significance of immigrant visa backlogs, see Key Immigrant Visa Classifications Chart: Employment-based Second Preference Category (EB2) and Box, Immigrant Visa Backlogs.

A June 1, 2012, United States Citizenship and Immigration Services (USCIS) policy memorandum eliminates the requirement that applicants requesting an extension or change of F, M or J nonimmigrant status submit their original signed eligibility certificates, Form I-20 (for F and M students) and Form DS-2019 (for J exchange visitors). USCIS will now accept either a photocopy or, if the application is submitted electronically, a scanned copy of the supporting documents. Once the I-539 application to change or extend F, M or J status has been granted, an applicant requiring an original USCIS endorsement on her Form I-20 or DS-2019 must make an in-person appointment at her local USCIS office through the agency's InfoPass system.

For more information on electronic filing of immigration applications, see the related announcement in Legal Update, May 2012: Immigration Law Updates.

For more information on nonimmigrant statuses, see Key Nonimmigrant Visa Classifications Chart.

On May 30, 2012, USCIS released a report of its 2011 E-Verify Customer Satisfaction Survey results. The report showed generally positive response from current E-Verify users, and a trend of improvement over the prior year's survey results. Principal user complaints consisted of:

For more information, see Practice Notes, E-Verify for Employers: Best Practices and Demonstrating the Right to Work in the United States.

In Matter of Aero Parts Management, LLC, BALCA explained that an employer's failure on the PERM notice of filing required by Section 656.10(d) of Title 20 of the Code of Federal Reulgations is unlikely to ever be overcome on appeal (2011-PER-00704 (Dep't of Labor May 25, 2012)).

For more information on PERM labor certifications, see Practice Notes, PERM Labor Certification: Overview and The PERM Labor Certification Process.