Department of Labor Immigration Compliance

KALMYKOVKKate 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…

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

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 the OFLC Online Wage Library does not provide a leveled wage for a specific geographical area and occupational code, the new FAQs provide guidance on how to complete section G of the ETA Form 9035/9035E for the Employment and Prevailing Wage Information.Continue Reading Department of Labor Provides Guidance on Prevailing Wage Surveys for H-1B, H-1B1, and E-3 Programs

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 Federal Budget Sequester May Affect Immigration Processing