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 ...