The Department of Labor (DOL) has issued guidance regarding several immigration processes in light of employer office closures around the country due to COVID-19. Many of these issues include extending
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DOL Proposes New LCA, H-1B Complaint Form
Following through on its April 3, 2017, announcement that it was considering changes to the Labor Condition Application (LCA), the Department of Labor (DOL) published a notice in the Federal…
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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…
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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.
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