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ImmIGRATION                                                                   JULY 30, 2021  |    The Indian Eye                          41



















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        however, it may trigger  there is significantly less  these changes on peti- the implementation of  (FLAG), OWL, and in
                                                                                                Simply go to your App Store or Play Store
        a Request for Evidence.  detailed          information tions  filed  by  employers  the  2018 SOCs to July  the PERM portal.
        Even if there is an RFE,     on  the  OWL  for  each  for immigrant and non- 1, 2022. While O*NET                          (This blog is for
        it could be overcome by  SOC code than O*NET.  immigrant visa classifica- has  updated  its  system                    informational purposes
        explaining  that  15-1132  While the O*NET pro- tions are not formally ad- to the 2018 SOCs, the                      and should not be viewed
        (Software     Developers, vides detailed explana- dressed, and therefore,  2010 SOCs are archived                      as a substitute for legal
        Applications) has re- tions for each SOC code  require us to connect the  in O*NET. Stakehold-
                                                                                                                                       advice).
        placed 15-1031 (Com- based on the 2018 SOC  SOC code dots.                              From SmartTV  Download ZingoTV App
                                                                                                ers can only use the
        puter Software Engi- System, we are left us-                  Finally, it should be  2010 SOCs until July 1,           * Isabel Rajabzadeh is
        neers), which in turn has  ing the 2010 SOC system  noted  that  the  Office  2022, when the OFLC  an Associate at Cyrus D.
        most recently been re- to determine prevailing  of  Foreign  Labor  Cer- makes them go live  Mehta & Partners PLLC
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        placed by 15-1252 (Soft- wage information. In  tification  Data  Center  in the Foreign Labor  and is admitted to prac-
        ware Developers).            responding  to  specialty  (“OFLC) has delayed  Application                 Gateway        tice law in New York.
            Not only are immi- occupation RFE’s, this              _________________________________________________________________________________________________
        grant visas affected by  system  forces  individu-         Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing
        this but the H-1B sys- als to not only argue the           Partner of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s
        tem also relies heavily  specialized nature of the         Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics
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        on SOC codes. What  position, but that the                 Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
        happens when an SOC  O*NET also sees it as a               Appellate Division, First Department, New York; member of the ABA Commission on Immigra-
        code like 15-1132 is used  specialty occupation in         tion; board member of Volunteers for Legal Services and board member of New York Immigration
        on an LCA because the  order to strengthen the             Coalition.  Mr. Mehta is the former chair of the Board of Trustees of the American Immigration
        new SOC code 15-1252  argument. In some cases,             Council and former chair of the Committee on Immigration and Nationality Law of the New
        is  not  reflected  in  the  this  requires  one  to  dig   York City Bar Association. He is a frequent speaker and writer on various immigration-related
        OWL and thus, one can- into the O*NET archives             issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where
        not reference the most  to  find  the  older  2010         he teaches a course entitled Immigration and Work.  Mr. Mehta received the AILA 2018 Edith
        relevant information to  SOCs.               You can click   www.indialife.tv
                                                                   Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
        determine the position?          In an occupation  Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation
        Although usage of the  like technology it is un-           in the immigration field. He has also received two AILA Presidential Commendations in 2010
        “older” SOC codes on  derstandable that SOC  and 2016.  Mr. Mehta is ranked among the most highly regarded lawyers in North America by
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        LCAs seem to be per- codes require changes.  Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
        mitted  by the USCIS,  However, the impact of  Chambers Global 2019 in immigration law, among other rankings.


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