Tag Archives: OFLC

2017 AILA PERM/H-2B Practice Conference – Prevailing Wage Issues: Being Proactive Pays Off!

On August 18, 2017, Rosanna Fox, shareholder in the Immigration & Compliance Practice, spoke on a panel at the 2017 AILA PERM/H-2B Practice Conference, hosted by the American Immigration Lawyers Association, in Seattle, WA. The discussion was entitled “Prevailing Wage Issues: Being Proactive Pays Off!” In most PERM cases, obtaining the prevailing wage is the … Continue Reading

U.S. Department of Labor Extends Time for Employers to Confirm PERM Labor Certification Sponsorship

The U.S. Department of Labor Office of Foreign Labor Certification (OFLC) has recently modified the deadline by which employers must confirm sponsorship of a PERM Labor Certification Application (PERM). When an employer submits a PERM application OFLC sends an email back to the employer asking it to verify that it actually intended to file the … 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 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