Tag Archives: Department of Labor

USCIS Issues Policy Memorandum to Define “Affiliate” or “Subsidiary for Determining the H-1B ACWIA Fee

On Aug. 28, 2017, USCIS released a policy memorandum that clarified the definition of “affiliate” and “subsidiary” for purposes of determining the H-1B ACWIA fee.  The H-1B ACWIA fee is $1500 for H-1B petitioners who have 26 or more full-time equivalent (FTE) employees, and half that amount ($750) for H-1B petitioners who have 25 or … Continue Reading

Department of Labor Announces Labor Certification Enforcement Initiative

Yesterday, U.S. Secretary of Labor Jim Acosta announced an initiative aimed at addressing fraud and restoring transparency in U.S. non-immigrant visa enforcement.  As released by the Department of Labor (DOL), the key initiatives include: Directing the DOL’s Wage and Hour Division (the Division) to use all its tools in conducting civil investigations to enforce labor … Continue Reading

GT Alert – Preparing for H-1B Cap Season in Fiscal Year 2018

This year’s H-1B cap is fast approaching. USCIS will start accepting new H-1B petitions for Fiscal Year 2018 on April 1, 2017. Although the federal government annually allocates 65,000 H-1B visas to eligible foreign national employees, USCIS receives far more H-1B petitions within the first weeks or even days of April during each fiscal year … Continue Reading

Upgrade – DHS Finalizes Rules Affecting Employment-based Immigrant and Non-Immigrant Visa Programs

On Nov. 18, 2016, the Department of Homeland Security (“DHS”) published its final rule to “modernize and improve” employment-based non-immigrant and immigrant visa programs.  As stated by DHS, the primary purpose of the improvements is to enhance the ability of U.S. employers to hire and retain specific foreign national employees who are the beneficiaries of … Continue Reading

DOL Online Wage Library – Prevailing Wages will change on July 1

Every year on July 1, the U.S. Department of Labor (DOL) publishes updates to the Foreign Labor Certification Data Center Online Wage Library.  These updates typically include changes to the prevailing wages and may also include revisions to or additions of certain occupational classifications. The DOL Online Wage Library is the primary source of prevailing … 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

DOL Report on FY2014 Prevailing Wage Determinations Provides Some Surprising Data for Employers

The Department of Labor (DOL) has released its FY 2014 statistics on prevailing wage determinations for U.S. employers in connection with the sponsorship for foreign workers. This report provides interesting insight into prevailing wage requests by U.S. employers and their representatives for H-1B petitions, H-2B petitions and PERM labor certifications. It also reveals some broader … Continue Reading
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