Posted on July 6, 2021 by sethlerner1964
DOL’s Office of Foreign Labor Certification reminds employers and other stakeholders that the three-day filing window to submit an H-2B application requesting a work start date of October 1, 2021, will open on July 3, 2021, and close on July 5, 2021. In other H-2B news, USCIS issued a reminder that if, by July 8, 2021, fewer than 6,000 beneficiaries are requested toward the H-2B visas set aside for nationals of the Northern Triangle (Honduras, El Salvador, and Guatemala), the agency will make the unused Northern Triangle country visas available to employers regardless of the beneficiary’s country of nationality, subject to the returning worker requirement. USCIS also launched an H-2B Employer Data Hub.
https://cbocalbos.wordpress.com/tag/h2b/
https://cbocalbos.wordpress.com/tag/immigration-attorney/
https://cbocalbos.wordpress.com/tag/department-of-labor-dol/
https://www.dol.gov/
Filed under: Department of Labor (DOL), H-2B, H-2B Cap Count for FY2011 | Tagged: Depar, DOL, H-2B, h2b, USCIS | Leave a comment »
Posted on February 19, 2021 by sethlerner1964
President Biden has frozen for 60 days last-minute rules from the Trump administration that would allow only higher-wage foreign workers to be employed in the United States. Under a DHS final rule issued January 8, only the highest-paid applicants to the H-1B visa program would be selected. The DHS rule was scheduled to go into effect March 9. Another rule issued on January 14 by DOL would significantly increase H-1B holders’ minimum wages. The DOL rule was scheduled to go into effect March 15. It remains to be seen whether the Biden administration will push to rescind the recent rules after the 60-day freeze. AILA and the American Immigration Council oppose the wage-prioritization rule, noting in regulatory comments that salary does not equate with value or “fully capture an individual’s contribution to society.”
https://cbocalbos.wordpress.com/tag/new-rules/
https://cbocalbos.wordpress.com/tag/eoir-has-taken-disciplinary-action-against-16-attorneys-for-violations-of-the-rules-of-professional-conduct/
https://cbocalbos.wordpress.com/tag/passport-validity-rules-for-travelers/
https://californiaimmigration.us/did-i-invest-properly-for-the-eb-5-visa-for-my-foreign-investment/
Filed under: Visa rules | Tagged: biden, DOL, executive order, trump | Leave a comment »
Posted on February 19, 2021 by sethlerner1964
The Department of Labor finalized changes to the H-2A agricultural visa program on Friday to replace prevailing wage guidelines and permit businesses to stagger the entry of workers into the U.S. The final rule’s changes include requirements that employers electronically file key documents to apply for the H-2A program and provisions allowing small businesses that offer part-time work to jointly file a single H-2A application and employ the same workers full-time. The rule also allows government officials to inspect employer-provided housing, which is mandatory under the program, for up to 24 months and order improved living conditions. The rule will go into effect 30 days after it is published in the Federal Register.
https://cbocalbos.wordpress.com/tag/business-visas/
https://cbocalbos.wordpress.com/tag/diversity-visas/
https://californiaimmigration.us/president-obamas-immigration-reform-requirements-extends-visa-processing-employment-based-visas/
https://cbocalbos.wordpress.com/tag/b1b2-visas/
Filed under: Visas | Tagged: agricultural visa, department of labor, DOL, H-2A, h2a | Leave a comment »
Posted on February 18, 2021 by sethlerner1964
the Biden administration delayed asylum restrictions and walked back rules revising aspects of the H-2A and H-1B programs, following a freeze on new regulations. On Wednesday, the Office of Foreign Labor Certification said it had pulled the final H-2A rule, and also withdrew a request for comments on a new H-1B policy as the Dept. of Labor reassesses its stance on both. The agency said it withdrew the rule prior to publication “for the purpose of reviewing issues of law, fact, and policy,” therefore not taking effect. Attorney Allen Orr, president-elect AILA, stated that he is “relieved that we are not going to have the burden of figuring out a new regulation during the heaviest season for employment immigration.”
https://cbocalbos.wordpress.com/tag/new-asylum-regulations/
https://cbocalbos.wordpress.com/tag/regulations/
https://californiaimmigration.us/temporary-agricultural-employment-h-2a-provides-answer-to-the-immigration-regulations-of-federal-procedure-to-illegal-workers-in-this-area/
https://cbocalbos.wordpress.com/tag/employment-regulations/
Filed under: Immigration regulations | Tagged: biden, DHS, DOL, H-2A, H-2B, h2a | Leave a comment »
Posted on February 12, 2021 by sethlerner1964
the Biden administration delayed asylum restrictions and walked back rules revising aspects of the H-2A and H-1B programs, following a freeze on new regulations. On Wednesday, the Office of Foreign Labor Certification said it had pulled the final H-2A rule, and also withdrew a request for comments on a new H-1B policy as the Dept. of Labor reassesses its stance on both. The agency said it withdrew the rule prior to publication “for the purpose of reviewing issues of law, fact, and policy,” therefore not taking effect. Attorney Allen Orr, president-elect AILA, stated that he is “relieved that we are not going to have the burden of figuring out a new regulation during the heaviest season for employment immigration.”
https://cbocalbos.wordpress.com/tag/new-asylum-regulations/
https://cbocalbos.wordpress.com/tag/regulations/
https://californiaimmigration.us/immigration-law-firm/
https://cbocalbos.wordpress.com/tag/employment-regulations/
Filed under: Immigration regulations | Tagged: biden, DHS, DOL, H-2A, H-2B, h2a | Leave a comment »
Posted on February 10, 2021 by sethlerner1964
The Dept. of Labor (DOL) has halted a last-minute attempt by the Trump administration to allow for the intervention of political appointees in the work-visa certification process, citing a negative response to the proposal. The DOL said in a Federal Register notice published Wednesday that a significant adverse comment was received in response to the Trump administration’s direct final rule, issued on Jan. 4. The comment from labor and employment attorney Wendel V. Hall alleged a host of procedural and substantive defects in the proposal that, in his mind, would bias the labor certification process.
https://cbocalbos.wordpress.com/tag/employment-regulations/
https://cbocalbos.wordpress.com/tag/new-asylum-regulations/
https://californiaimmigration.us/temporary-agricultural-employment-h-2a-provides-answer-to-the-immigration-regulations-of-federal-procedure-to-illegal-workers-in-this-area/
https://cbocalbos.wordpress.com/tag/regulations/
Filed under: Uncategorized | Tagged: department of labor, DOL, H-2B, Regulations, trump | Leave a comment »
Posted on January 14, 2021 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Prevailing Wage
An advance copy was made available of a new DOL final rule that adopts, with changes, the interim final rule published on October 8, 2020, making changes to the computation of prevailing wage levels. The final rule is currently pending placement on public inspection and publication in the Federal Register and is expected to take effect 60 days from the date of publication. The effective date of the rule will likely be further extended as President-Elect Biden’s transition team has indicated that his administration will issue a memorandum on January 20 delaying implementation of “midnight regulations” (i.e., regulations issued since the election but not yet effective) for 60 days. Groups that previously challenged this regulation are also expected to continue to litigate the revised final rule.
Filed under: Prevailing Wage | Tagged: DOL, Final Rule, Prevailing Wage | Leave a comment »
Posted on December 23, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Monday, in a lawsuit filed by AILA and members of AILA’s Board of Governors on behalf of 17 organizational and individual plaintiffs, a federal judge granted the plaintiffs’ motion for summary judgment against DOL’s interim final rule, issued on October 8, 2020, that changed the prevailing wage rates.
Filed under: best deportation attorney | Tagged: department of labor, DOL, Prevailing Wage | Leave a comment »
Posted on December 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Finding that defendants “failed to show there was good cause to dispense with the rational and thoughtful discourse that is provided by the APA’s notice and comment requirements,” the U.S. District Court for the Northern District of California set aside the DHS interim final rule (IFR), Strengthening the H-1B Nonimmigrant Visa Classification Program, and the DOL IFR, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.
Filed under: best deportation attorney | Tagged: DHS, djhs, DOL, H-1B, h1b, Prevailing Wage | Leave a comment »
Posted on April 10, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The DOL Office of Foreign Labor Certification (OFLC) announced that on May 1, 2020, the legacy iCERT System will be fully decommissioned and will no longer be accessible to account holders and the general public. Users will be redirected to the FLAG System. For updates from OFLC representatives on the new FLAG System
Filed under: best deportation attorney | Tagged: DOL, flag system, OFLC | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 