Department of Labor Expected to Implement Revised LCA
The Department of Labor (DOL) is expected to implement a revised Labor Condition Application (LCA) between October 24 and October 31, 2018.
The revised form will require employers to name their end-client or vendor when submitting an application for an H-1B, H-1B1, or E-3 worker who will be placed at a third-party worksite. It wil...
Federal Shutdown Averted
In light of the imminent expiration of funding for federal operations after midnight on December 7, Congress passed a short-term spending bill that will provide funding through December 21. This spending bill is now awaiting President Trump’s signature for final approval and execution.
This short-term spending bill will have an ...
iCERT Operational Again After Malfunction
On January 1, 2019, the Department of Labor’s (DOL) experienced a malfunction following an unprecedented surge in H-2B temporary labor certification filings on the first day of the program's semi-annual filing period. After being offline for several days, DOL brought the iCERT system back online on January 7, 2019.
iCERT is th...
Other Immigration Impacts of the Government Shutdown
As the federal shutdown continues, most immigration functions remain operational. In a , we noted which functions of USCIS were affected by the shutdown. Until the U.S. Congress and President Trump reach an agreement on the unresolved portions of the FY 2019 federal budget or an interim measure, the shutdown will continue to impact s...
Department of Labor Rule Expected to Raise Prevailing Wage Minimums
The Office of Management and Budget (OMB) is reviewing a Department of Labor (DOL) rule that is seeking to make a restructuring to the wage level system to establish prevailing wage minimums in the H-1B, H-1B1, and E-3 and PERM programs.
The regulation is expected to increase the prevailing wage minimum requirements for the H-1B, ...
DOL and DHS Publish Interim Rules Regarding Wage Requirements and Regulatory Criteria for H-1B
The Department of Labor (DOL) and Department of Homeland Security (DHS) have published two new interim rules, changing wage requirements for employment-based visas as well as regulatory criteria for adjudicating H-1B petitions.
The first (wage requirements) will be effective October 8, 2020 – for both new and ...
U.S. District Court Strikes Down H-1B Visa Restrictions
A federal judge threw out two rules by the Trump administration that limited the number of visas that are made available to skilled foreign workers.
The Tuesday from U.S. District Judge Jeffrey White, dismisses changes the administration announced in October 2020 to the H-1B visa program, which included salary requirements on f...
Department of Labor Issues Implementation Guidance After Prevailing Wage Interim Final Rule Blocked
Last Tuesday, U.S. District Judge Jeffrey White's dismissed changes the administration announced in October 2020 to the H-1B visa program, which included salary requirements on firms that employed skilled workers from overseas and placed new limits on specialty occupations.
As a result, the Department of Labor (DOL) on how the...
DHS Issues Final Rule Regarding H-1B Cap Lottery
On January 8, 2020, the Department of Homeland Security (DHS) that replaces the H-1B cap lottery system with a system that allocated H-1B visa numbers according to the Department of Labor's Occupational Employment Statistics (OES) four level wage system. The final rule would thereby prioritize foreign nationals whose offered salarie...