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
And you thought he was done. Not even close. When your goal is to destroy legal immigration and make it out of reach for everyone but, the richest, you keep fighting to the end and that is exactly what the Trump Administration is doing. Today, the DOL released in Final Rule format the rule they… Continue reading “New” DOL Regulations !
On Friday, the DOL, in compliance with a Federal Court order reverted back to the prior wage methodology which has been in effect for decades. When you check the FLCDataCenter now, the “old” wages will appear. The DOL also announced that it will accept a request for reconsideration of any PWD issued using the “now… Continue reading DOL Wages Back to Normal
As expected, the DOL has published its new immigration prevailing wage rules. To call the new wages “prevailing wages” is a misnomer and an utter falsehood. The new wages published are premium wages designed to discourage US employers from ever hiring an H-1b worker. The DOL has not even made any pretense of claiming that… Continue reading New Prevailing Wage Rules Go Into Effect
A new DOL rule is expected to be published tomorrow that will significantly alter the prevailing wage rates. An advance copy released by the DOL can be found here. This new rule will apply to all types of immigration cases that utilize prevailing wages including most prominently H-1bs and EB2 and EB3 immigrant petitions. The… Continue reading New DOL Rule to Change Prevailing Wages
The Board of Alien Labor Certification Appeals (BALCA) recently ordered a PERM Labor Certification application to be certified following the Certifying Officer’s denial due to a salary range mismatch between the PERM application and the Notice of Filing. In re Institute for Environmental Health, Inc., 2013-PERM-01963 (BALCA 2016) involved the classic PERM situation where a… Continue reading Don’t take a chance when filing a PERM case.
In Matter of Simona Luca Vricella, the Board of Alien Labor Certification Appeals (“BALCA”) continued its trend of upholding denials in cases where a clerical error occurred in drafting the ETA 9089. In this case, the employer submitted a labor certification on behalf of a “Houseworker, General, Live-In.” In the labor certification, the employer listed… Continue reading BALCA Affirms Denial Where the Employer Made a Clerical Error in the Prevailing Wage Validity Period
Recently, the Board of Alien Labor Certification Appeals (“BALCA”) considered whether the National Prevailing Wage Center (“NPWC”) Director has the discretion to reject an employer-provided wage survey that does not include an arithmetic mean wage. The employer submitted a prevailing wage determination for the position of “speech language pathologist” and requested that the NPWC consider… Continue reading BALCA Determines that Employer-Provided Survey is Acceptable Without Arithmetic Mean
In a recent scathing editorial/opinion piece, published in the Huffington Post, the use of H-1b visas and outsourcing were linked together. The premise of the piece was that all outsourcing is bad and that H-1b workers at lower wages are used to replace US workers. For once, it would be nice if an elected official… Continue reading Outsourcing and the H-1b visa linked ?
As we advised you in our Aug 2nd post, the DOL suspended issuing PWD’s and to date there has been no official announcement regarding a return to full service. There have been multiple reports of attorneys receiving a scattering of PWD’s last week but, it does nto appear that a full scale return to operations as normal… Continue reading PWD update 🙁
The DOL recently updated it’s FAQ’s designed to guide employers and others regarding the issuance of prevailing wage determinations.