New LCA Training

The DOL is offering training sessions to go over the new LCA ETA 9035 form which went into effect last week. For more details and to register go here. The DOL has explained that the new form is part of its fraud prevention efforts. You can view the new form and the accompanying instructions at… Continue reading New LCA Training

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

AAO changes the game for staffing employers !

In a decision released last week, the AAO declared that a work-site location change outside of the original MSA requires the filing of an amended H-1b petition. This change will have significant impact on staffing cos., many whom have followed DOL and USCIS HQ guidance which supported the conclusion that only the filing and posting… Continue reading AAO changes the game for staffing employers !

Are you sure you Terminated your H-1B employee

If your H-1B employee is not properly terminated you may be liable for the remainder of their prevailing wage.  Amtel Group of Fla., Inc. v. Yongmahapakorn, ARB No. 04-087, ALJ No. 2004-LCA-006, slip op. at 11 (ARB Sept. 29, 2006), established the requirements to effect a bona fide termination of H-1B employment and end employers’… Continue reading Are you sure you Terminated your H-1B employee

Grassley Amendment to HR 3012 a Blow to U.S. Employers

Earlier this week, Senator Grassley publicly announced that he had released his hold on HR 3012. If you recall, HR 3012 was a bill that had passed the House by a margin of 389-15 and essentially eliminated decades of national origin discrimination by eliminating the per country limits applied to the distribution of immigrant visas… Continue reading Grassley Amendment to HR 3012 a Blow to U.S. Employers

HR 3012 Lives ! Maybe ?

Several sources are reporting that Senators Grassley, Brown, and Schumer have reached a compromise that would eliminate the per country limitations for immigrant visas, create a special E3 visa for persons from Ireland, and require an annual DOL audit  of all employers with more than 100 employees and 15% H-1b holders. It would also eliminate the ability… Continue reading HR 3012 Lives ! Maybe ?