DOL Delays Changes to Prevailing Wages

Last week, the DOL announced that it will delay the implementation of sweeping changes to the way prevailing wages are calculated, introduced in January as one of the last actions of the Trump Administration. The rule is now scheduled to go into effect in Nov. of 2022. This delay will allow the DOL more time… Continue reading DOL Delays Changes to Prevailing Wages

U.S. Chamber of Commerce and others File Federal Lawsuit Over H-1b and DOL Regs

Late yesterday, the U.S. Chamber of Commerce along with a host of other businesses, trade associations, universities and research labs filed a Federal lawsuit against both the DOL and the DHS challenging the recent regulations which both published last week, significantly impacting the employment of high-skilled immigrants. The lawsuit alleges procedural defects in the promulgation… Continue reading U.S. Chamber of Commerce and others File Federal Lawsuit Over H-1b and DOL Regs

DOL Processing Slows

The processing and issuance of Prevailing Wage Determinations (PWD’s) by the DOL has slowed to over 4 months with the DOL still working to complete PWD’s filed in August. PWD’s are a necessary step in PERM and some other green card cases. Often, employers will not purse costly advertisements as part of the PERM Labor… Continue reading DOL Processing Slows

DOL Finds that in Certain Circumstances You Can Deduct H-1B Visa Fees from Employee Paycheck

The U.S. Department of Labor, Office of the Administrative Law Judges (OALJ), has determined that in certain circumstances, an employer can deduct H-1B visa fees from an employee’s final paycheck. In this case, Matter of Woodmen of the World Life Insurance Society, October 26, 2016, the OALJ determined that Woodmen Life did not violate any… Continue reading DOL Finds that in Certain Circumstances You Can Deduct H-1B Visa Fees from Employee Paycheck

DOL Issues Guidance on Recruitment Reports

The Department of Labor (“DOL”) recently released a FAQ on the information that should be included in recruitment reports. Recruitment reports are required to be prepared as part of the process of preparing a labor certification to be filed. The DOL specified that a recruitment report must include: (1) the total number of U.S. applicants… Continue reading DOL Issues Guidance on Recruitment Reports

BALCA Notes Timing Inconsistency in 20 C.F.R. § 656.17(e)(2)

The Board of Alien Labor Certification Appeals (“BALCA”) recently reviewed timing inconsistencies that are listed in the federal regulations that govern the recruitment validity periods for labor certifications. The employer submitted a labor certification for a “Stonemason.” The Form 9089 was mailed to the Department of Labor on September 11, 2009 and received by this… Continue reading BALCA Notes Timing Inconsistency in 20 C.F.R. § 656.17(e)(2)

BALCA Affirms that Additional Recruitment Steps May Be ‘Broadly Worded”

The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether advertisements that constitute part of the additional recruitment steps for a labor certification case must identify the job location. In Matter of Screen Printers Resource, Inc., the employer submitted a labor certification for the position of “International Sales and Service Business Development.” The case… Continue reading BALCA Affirms that Additional Recruitment Steps May Be ‘Broadly Worded”

BALCA Provides Information About Proof of Additional Recruitment Steps

Recently, the Board of Alien Labor Certification Appeals (“BALCA”) considered whether dated screenshots and a CD with an audio recording of a radio advertisement constituted sufficient proof to establish that these additional recruitment steps occurred as part of the PERM process. In Matter of Waldorf School of Orange County, the employer submitted a labor certification… Continue reading BALCA Provides Information About Proof of Additional Recruitment Steps

Technical Problems with the iCERT System

Yesterday, the Department of Labor’s Office of Foreign Labor Certification (“OFLC”) announced that it is experiencing problems with its iCERT system. While the iCERT Systems’ application and database are working correctly, the network infrastructure that supports the system is having performance issues that are causing delays in processing cases. These delays are currently impacting H-1B,… Continue reading Technical Problems with the iCERT System

BALCA Affirms Denial Where Employer Failed to Provide Evidence of Contact with U.S. Applicants

The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether an employer failed to comply with a request by the Department of Labor (“DOL”) when it only provided evidence of emails sent to eight of seventeen applicants for a position that was sponsored through PERM. In Matter of Accent-Media Productions, Inc., the employer submitted… Continue reading BALCA Affirms Denial Where Employer Failed to Provide Evidence of Contact with U.S. Applicants

BALCA Determines Presumption of Audit Notification Delivery by the DOL is Invalid

The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether the Department of Labor (“DOL”) is entitled to a presumption that its audit notification letters are delivered to employers and their agents. In Matter of DGN Technologies, Inc., the employer submitted a labor certification case for the position of “Programmer Analyst.” The case was… Continue reading BALCA Determines Presumption of Audit Notification Delivery by the DOL is Invalid