Department of Labor

This category covers the department of labour relates articles.

USCIS to crack down on H1B holders

Putting American Workers First: USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse Agency Creates Avenue for American Workers to Report Abuse Release Date: April 3, 2017 WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced multiple measures to further deter and detect H-1B visa fraud and abuse. The H-1B visa program should help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been…Read More Breaking News

Applying for PERM Labor Certification for a relative

The regulation at 20 C.F.R. § 656.10(c)(8) provides that an employer must attest that “[t]he job opportunity has been and is clearly open to any U.S. worker.” If an employer is a closely held corporation, partnership, or sole proprietorship, a presumption arises that the job is not clearly open to U.S. workers when the sponsored alien has a familial relationship with the owners, stockholders, partners, corporate officers, or incorporators of the employer. See Transmark Real Estate, 2011-PER-00475 (June 8, 2012); see also 20 C.F.R. § 656.17(l). The regulation at 20 C.F.R. § 656.17(l)…Read More Breaking News

BALCA Update: Filing a Second PERM for the Same Employee

This is an alert from AILA by the AILA DOL Liaison Committee On September 16, 2016, in Matter of Allianz-9-22-16, BALCA upheld the Certifying Officer’s (CO) denial where the employer had filed two PERM applications for the same employee with “substantially comparable job duties,” noting that in accordance with 20 CFR §656.24(e)(6), an employer is not permitted to have more than one labor certification actively in process for the same foreign worker in the same job opportunity.1 In this case, the employer submitted a PERM application for a “Paralegal and Legal Assistant.” The…Read More Breaking News

Successful Outcome in a DOL case

October 10 2016 - One year ago, a client called us for consultation in a "panic mode" because his employer was refusing to pay him on his contract as an H1B employee. We recommended his case to the Department of Labor. The latter ruled in his favor. He was able to recover his full six months salary with penalties but also he was able to transfer his H1B based on the situation without a pay check stub. Now we are looking into a U visa for him. We wish him all the best!Read More Breaking News

BALCA Reverses 372 Denials of Labor Certifications

This is a good example how some labor certifications are wrongfully denied. We are very happy that BALCA did reverse those decisions. Matter of Cognizant Technology, Sept. 29-30, 2016- "For the reasons stated below, we find that: (1) the Employer‟s COLA is a wage adjustment and not merely a per diem payment; (2) because the wage is not required to be stated in newspaper advertisements and in additional professional recruitment steps, a denial for failure to state a locality pay adjustment based on § 656.17(f)(3) or § 656.24(b)(2) is not supported by the…Read More Breaking News

Petition to Honor October 2015 Visa Bulletin

It is time for Action, many have already taken the move to force the government to honor the original October 2015 Visa Bulletin. It is time for those who are affected to also have a say in this move. Please sign our petition. Sep 29, 2015 — Please sign asap and pass along! Department of State, Department of Homeland Security, Barack Obama: Honor the Original October 2015 Visa Bulletin Fighting Back the October 2015 Revised Visa Bulletin - Call for action! As you all know by now the government has revised the Visa Bulletin…Read More Breaking News

Shah Peerally Immigration radio show – August 31 2015

September 1 2015 - The Shah Peerally Law Show of August 31 2015 recorded live from KlOK 1170 AM was very interesting because it covered topics such as H1B transfers, I-140 and transfer to another company, H4 visas, H4 EAD, Fiancee K1 visas, marriage petitions, adjustment of status and many other issues including choosing between H1B and H4 EAD. Listen to the recorded show and please share.Read More Breaking News

Shah Peerally Law Show August 6 2015 – H1B, H4 EAD, and Green Card.

August 6 2015 - Shah Peerally Immigration Law Show discussing H1B visa, H4 EAD, I-140 EAD, H4 visa, L1b visas, employment immigration, USCIS rules, adjustment of status, B1/B2 extension, B1 adjustment of status, family immigration, visitor visa, f1 visa, student visa and other immigration issues. Hosted by Shah Peerally Music podcasts - Audio Hosting - Immigration Law - Shah Peera...Read More Breaking News

DOL issues new FAQs on H1B, and E3 Programs

July 31 2015 - U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification Frequently Asked Questions H -1B, H-1B1, and E-3 Programs July 31, 2015. The topics covered are very interesting and should be very helpful in filing LCAs. Read the FAQs.Read More Breaking News

Department Of Labor changes signature of officer on approved labor certification

The following notice appeared on the DOL website on July 31, 2015 - the department is changing the official signature on approved labor certification applications. IMPORTANT NOTICE: Change in signature on approved labor certification applications. The Office of Foreign Labor Certification (OFLC) today has implemented a change in the official signature on approved labor certification applications. Specifically, OFLC determinations to grant permanent and temporary labor certification will no longer display the electronic signature of the OFLC Acting Administrator, William W. Thompson, II. Beginning July 31, 2015, the electronic signature on approved applications under…Read More Breaking News