As you may know, USCIS implemented new regulations on the H-1B process, and the DOL implemented new regulations on the Prevailing Wage process. While there is at least one Court Case pending seeking an injunction on both of these regulations, it is still worthwhile going through the major changed made by both these regulations Prevailing
While it is not the first time that there has been a potential, or actual, shutdown of the US Government, it still does raise many questions about what, if any, immigration services will continue during any potential shutdown. Below is a list of agencies and what they will be able to do, and what they
USCIS released a copy of a proposed rule that will be published on December 3, 2018. This proposed Rule, which will have a 30 day comment period, will set up a system that requires employers to pre-register in order to file an H-1B against the H-1B cap and would also change the way that USCIS
Recently, an Administrative Law Judge ruled against the Department of Labor (DOL) in a very interesting case allowing the employer to recoup fees from an employee for the H-1B visa process. Before going into the specifics of the case, it is important to understand what the DOL regulations are in this area. The DOL, in its
The DOL recently reported that Prevailing Wage requests for both H-1B and PERM cases are taking about 5 months to process. For those planning to file an employer sponsored PERM case, this means really advance planning is needed. Prior to advertising it is important to have the prevailing wage determination, otherwise you may have to
The current labor certification process known as PERM has been around for several years now. While it was originally touted as being a streamlined, easier way to do the labor certification process that would get rid of backlogs, etc. it has not turned out that way at all. Instead, it has become what I would
Recently, BALCA (Bureau of Alien Labor Certification Appeal), the agency that hears appeals when a Labor Certification is denied, has made several important decisions. This post will describe a couple of the most important decisions. Accent-Media Productions, Inc., 2012-PER-712 (September 23, 2015) We advise all our clients on the documents that need to be kept.