Category Archives: Department of Labor Immigration Compliance

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“Immigration Strategies for Employers During Layoffs” by Greenberg Traurig’s Kate Kalmykov Featured in The New Jersey Law Journal

Kate Kalmykov, shareholder at Greenberg Traurig, recently authored an article in the New Jersey Law Journal (NJLJ) discussing immigration strategies during layoffs and reductions in force.  The article highlights proper protocol for employers to follow when terminating a foreign national population in compliance with federal regulatory requirements.  Likewise, it identifies specific strategies to utilize based … Continue Reading

Act Now: The Department of Labor may experience a shutdown on 10/1/2015

Although Congress continues to discuss the Fiscal Year 2016 budget, if an agreement is not reached or continuing resolution passed, the Department of Labor (DOL) will experience a shut down as of October 1, 2015. Should this happen, both the iCERT and PERM online filing systems will not accept applications and users will no longer … Continue Reading

DOL Glitch Prevents PERM Filings

A programming glitch, which occurred during a software update implemented by the Department of Labor (DOL) on September 1, 2015, prevented some employers from being able to file their PERM applications, the DOL announced today on its website. The DOL explained that the malfunction precluded employers from completing some of the ETA Form 9089 online. … Continue Reading

Department of Labor Provides Guidance on Prevailing Wage Surveys for H-1B, H-1B1, and E-3 Programs

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) recently issued Round 3 of Frequently Asked Questions (FAQs) regarding prevailing wages.  The newly released FAQs, provide guidance on how to complete the underlying Labor Condition Application (LCA) on ETA Form 9035/9035E required for the H-1B, H-1B1, and E-3 visa petitions. In instances where … Continue Reading

U.S. Department of Labor Unveils Plans to Begin Charging User Fees

As a result of extensive deliberations spanning over the course of several years, the Department of Labor (DOL) is closing in on making major changes to the labor certification process, including charging user fees for PERM applications.  At present, the electronic PERM process – an initial step in many employment-based permanent residence cases – does … Continue Reading

Commentary on Tata Consultancy Services and Infosys H1-B Visa Probe

The U.S. Department of Labor has issued an investigation to determine if Indian third-party information technology companies -Tata Consultancy Services and Infosys – have violated American labor laws. This investigation directly relates to the use of H-1B visas, a non-immigrant visa that allows a U.S. employer to temporarily employ foreign workers in specialty occupations. Both … Continue Reading

DOL Directives on Business Necessity and Finite Employment Unearthed Through PERM FOIA Litigation

A recent Freedom of Information (FOIA) request has led to the Department of Labor (DOL) releasing  272 documents relevant to the operation of the Office of Foreign Labor Certification’s (OFLC) Program Electronic Review Management System (PERM).  These documents provide some useful insight into DOL policy.  For further information, see the Gluckman v. U.S. Dept. of Labor opinion here. … Continue Reading

Government Shutdown: How It Impacts Immigration and Global Business and Recruiting of Foreign Nationals

The most important point for recruiters to remember is not to make any promises about dates and timing – do not promise a start date, or an H-1B filing date or a date for filing a PERM application. All of those dates are contingent upon the end of the government shutdown, and that is beyond … Continue Reading

Government Shutdown Prompts E-Verify Closure, Imperils Other Immigration Services

The federal government shutdown, which began at 12 AM on Tuesday, October 1, 2013, and is ongoing at the time of this writing, is having an immediate impact on the services provided by federal immigration agencies. A summary of the shutdown's effect on various immigration-related services is below.… Continue Reading

DOJ Announces Settlement With Georgia Employer Over Immigration-Related Discriminatory Employment Practices

On March 25, 2013, the U.S. Department of Justice (DOJ) announced that it had a reached a settlement agreement with Poulan Pecan, a pecan supplier based in Poulan, Georgia, to resolve allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA). The department’s investigation, which started with a hotline referral, … Continue Reading

Federal Budget Sequester May Affect Immigration Processing

Across-the-board funding cuts, or sequestration, took effect Friday, March 1 for all government agencies, including those playing a vital role in immigration processing. Though the Departments of Homeland Security, State Department and Department of Labor have not stated how or if their immigration-related operations will be impacted, delays are possible for many immigration processes. Of particular concern to employers is the possibility of processing delays at the Department of Labor. DOL is responsible for processing labor condition applications (LCAs), a prerequisite to filing H-1B petitions, as well as prevailing wage determinations and PERM labor certifications. With the FY2014 H-1B cap season opening on April 1, delays in LCA processing could have consequences for employers planning on filing cap-subject H-1B petitions for the next fiscal year. Employers are advised to continue preparing their FY2014 H-1B petitions, including filing the necessary LCAs. The sequester might also delay DOL's processing of prevailing wage determinations, which would impact employers' ability to conduct recruitment required under Program Electronic Review Management (PERM) regulations.… Continue Reading
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