Archives: Department of Labor

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Increased Unannounced Site Visits from USCIS Fraud Detection Arm

Historically, the U.S. Department of Labor’s Wage and Hour Division has been the primary auditor of companies using H-2B visa to hire temporary, seasonal workers. But amid debates over the cap on H-2B visas and an expressed need for more H-2B workers  the USCIS’ Fraud Detection and National Security unit (FDNS) is getting into the … Continue Reading

Labor Department To Demand More Information in H-1B Labor Condition Application

The U.S. Department of Labor (DOL) has released proposed changes to ETA Form-9035, Labor Condition Application for Nonimmigrant Workers (LCA), that would require more details about the end-user clients and potential worksites specific to the placement of H-1B workers. Current practice requires employers to list the addresses for all intended worksites. The proposed change would … Continue Reading

Government Shutdown Is Over, For Now

Congress reached agreement and voted to end the government shutdown at least until February 8, 2018. In case another impasse occurs, this is how a federal government shutdown would affect immigration. Department of Labor (DOL) The Office of Foreign Labor Certification (OFLC) will stop processing all applications, and its personnel will not be available to … Continue Reading

New Operational Directives Reflect ‘Buy American, Hire American’ Executive Order

Following the “Buy American, Hire American” Executive Order, issued in April, the Attorney General and the Secretaries of State, Labor, and Homeland Security have made operational changes that emphasize targeted investigations and individual official’s judgment in carrying out the purposes of the E.O. The E.O. directs the agencies to “propose new rules and issue new … Continue Reading

DOL, USCIS Continue Focus on H-1B Visa Abuse

With his “Buy American, Hire American” Executive Order, President Donald Trump officially announced his intention to reform the H-1B visa program and the DOL and the USCIS are taking steps accordingly. In April, the DOL announced it would be investigating violations of the H-1B visa program, “cautioning employers who petition for H-1B visas not to … Continue Reading

President’s Budget Proposes New DOL Filing Fees for Employers

Suspecting that employers seeking to hire foreign workers are not acting in the best interests of American workers, President Trump has requested the authority to establish fees for the adjudication of labor certifications and prevailing wage requests. These fees would be retained by the DOL.  By doing this, the Office of Foreign Labor Certification (OFLC), … Continue Reading
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