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In re Simeio Solutions, LLC

Interim Decision #3832 (B.I.A. 2015)
In re Simeio Solutions, LLC

19 Cited authorities

  1. Venkatraman v. REI Systems, Inc.

    417 F.3d 418 (4th Cir. 2005)   Cited 503 times   2 Legal Analyses
    Holding that a miscarriage of justice had not occurred, so as to require appellate review, when the district court failed to consider a cause of action not presented to it

  2. Dor v. District Director, Immigration & Naturalization Service

    891 F.2d 997 (2d Cir. 1989)   Cited 62 times
    Holding that no procedural due process violation existed where petitioner was detained for 60 months because "his sustained detention" resulted from "the simple fact that—at his urgent request and by stay—[the court] allowed his application to be exhaustively adjudicated" by the government"

  3. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,365 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  4. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,718 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  5. Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

    8 U.S.C. § 1103   Cited 819 times   4 Legal Analyses
    Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"

  6. Section 1361 - Burden of proof upon alien

    8 U.S.C. § 1361   Cited 318 times
    Providing that the burden of proof to show time, place, and manner of entry into the United States shifts to the alien once alienage is established

  7. Section 557 - Reference

    6 U.S.C. § 557   Cited 216 times
    Transferring authority to designate TPS from the Attorney General to the Secretary

  8. Section 542 - Reorganization plan

    6 U.S.C. § 542   Cited 45 times
    Setting forth the transfer of functions in the accompanying Reorganization Plan

  9. Section 3504 - Authority and functions of Director

    44 U.S.C. § 3504   Cited 20 times   1 Legal Analyses
    Requiring agency so proposing to forward a copy to the Director of OMB

  10. Section 1104 - Budget and appropriations authority of the President

    31 U.S.C. § 1104   Cited 13 times   1 Legal Analyses

    (a) The President shall prepare budgets of the United States Government under section 1105 of this title and proposed deficiency and supplemental appropriations under section 1107 of this title. To the extent practicable, the President shall use uniform terms in stating the purposes and conditions of appropriations. (b) Except as provided in this chapter, the President shall prescribe the contents and order of statements in the budget on expenditures and estimated expenditures and statements on proposed

  11. Section 1551 - Immigration and Naturalization Service

    8 U.S.C. § 1551   Cited 12 times
    Placing the INS under the Department of Justice

  12. Section 103.2 - [Effective until 4/1/2024] Submission and adjudication of benefit requests

    8 C.F.R. § 103.2   Cited 474 times   7 Legal Analyses
    Explaining process for requesting evidence or notifying of intent to deny petition

  13. Section 214.2 - Special requirements for admission, extension, and maintenance of status

    8 C.F.R. § 214.2   Cited 462 times   44 Legal Analyses
    Restating cap in 8 U.S.C. § 1184(g)(l)

  14. Section 655.731 - What is the first LCA requirement, regarding wages?

    20 C.F.R. § 655.731   Cited 45 times   15 Legal Analyses
    Providing that an H-1B visa beneficiary should be paid "beginning on the date when [she] 'enters into employment' with the employer," meaning when she first makes herself "available for work or otherwise comes under the control of the employer"

  15. Section 655.700 - What statutory provisions govern the employment of H-1B, H-1B1, and E-3 nonimmigrants and how do employers apply for H-1B, H-1B1, and E-3 visas?

    20 C.F.R. § 655.700   Cited 21 times

    Under the E-3 visa program, the Immigration and Nationality Act (INA), as amended, permits certain nonimmigrant treaty aliens to be admitted to the United States solely to perform services in a specialty occupation (INA section 101(a)(15)(E)(iii)). Under the H-1B1 visa program, the INA permits nonimmigrant professionals in specialty occupations from countries with which the United States has entered into certain agreements that are identified in section 214(g)(8)(A) of the INA to temporarily enter

  16. Section 655.715 - Definitions

    20 C.F.R. § 655.715   Cited 14 times   6 Legal Analyses

    For the purposes of subparts H and I of this part: Actual wage means the wage rate paid by the employer to all individuals with experience and qualifications similar to the H-1B nonimmigant's experience and qualifications for the specific employment in question at the place of employment. The actual wage established by the employer is not an average of the wage rates paid to all workers employed in the occupation. Administrative Law Judge (ALJ) means an official appointed pursuant to 5 U.S.C. 3105

  17. Section 655.705 - What Federal agencies are involved in the H-1B and H-1B1 programs, and what are the responsibilities of those agencies and of employers?

    20 C.F.R. § 655.705   Cited 13 times   1 Legal Analyses
    Stating that "DHS determines whether the petition is supported by an LCA which corresponds with the petition . . ."

  18. Section 655.734 - What is the fourth LCA requirement, regarding notice?

    20 C.F.R. § 655.734   Cited 2 times   6 Legal Analyses

    An employer seeking to employ H-1B nonimmigrants shall state on Form ETA 9035 or 9035E that the employer has provided notice of the filing of the labor condition application to the bargaining representative of the employer's employees in the occupational classification in which the H-1B nonimmigrants will be employed or are intended to be employed in the area of intended employment, or, if there is no such bargaining representative, has posted notice of filing in conspicuous locations in the employer's

  19. Section 655.735 - What are the special provisions for short-term placement of H-1B nonimmigrants at place(s) of employment outside the area(s) of intended employment listed on the LCA?

    20 C.F.R. § 655.735   Cited 1 times   8 Legal Analyses

    This section does not apply to E-3 and H-1B1 nonimmigrants. (a) Subject to the conditions specified in this section, an employer may make short-term placements or assignments of H-1B nonimmigrant(s) at worksite(s) (place(s) of employment) in areas not listed on the employer's approved LCA(s) without filing new labor condition application(s) for such area(s). (b) The following conditions must be fully satisfied by an employer during all short-term placement(s) or assignment(s) of H-1B nonimmigrant(s)