Immigration Law

Recent Posts

Cyrus D. Mehta on PERM, Laid-Off U.S. Workers
Posted on 1 Mar 2014 by Daniel M. Kowalski

" The Department of Labor's Employment and Training Administration has added a new question and answer (Q&A) to its frequently asked questions (FAQ). The new Q&A concerns notification and consideration of laid-off U.S. workers for PERM... Read More

Tags: perm , mehta , DOL , laid-off , faq

DOL OFLC FAQ on H-2B Private Wage Surveys
Posted on 3 Mar 2015 by Daniel M. Kowalski

U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification Frequently Asked Questions H-2B Program – Employer-Provided Surveys March 2015 Read More

Tags: eta , DOL , surveys , oflc , faq , wage and hour , H-2B

DOL ETA News, May 14, 2012
Posted on 15 May 2012 by Daniel M. Kowalski

May 14, 2012 : "The Department of Labor has posted a revised Frequently Asked Question (FAQ) regarding the Permanent (PERM) Program and the consequences of withdrawing an application in Supervised Recruitment. This FAQ is available here... Read More

Tags: perm , DOL , faq , H-2B , H-2A

Revised DOL FAQ on ETA 9089
Posted on 4 Jun 2012 by Daniel M. Kowalski

[Question] - "If the employer will accept an alternate combination of education and experience and the acceptable number of years is other than a whole number, how can the employer inform the Department of the acceptable number of years on... Read More

Tags: eta , 9089 , DOL , faq

DOL Takes Down Dedicated H-2B IFR Info Page; FAQs Remain
Posted on 4 May 2015 by Daniel M. Kowalski

As of 11:30 a.m. Central, the dedicated page mentioned in yesterday's post is nowhere to be found. It was there yesterday, I swear. When will DOL bring it back to life? Meanwhile, the links to the FAQs still work. - DMK "The Office of Foreign... Read More

Tags: DOL , faq , ifr , H-2B

New DOL FAQs on Job Order, PERM
Posted on 12 Jun 2012 by Daniel M. Kowalski

Must the employer place a job order with the State Workforce Agency (SWA) or will a job order placed on America's Job Bank (AJB) be sufficient? The employer is required to place a job order with the SWA serving the area of intended employment... Read More

Tags: perm , DOL , faq , job order

DOL: H-2B FAQ, Round 1
Posted on 17 Apr 2012 by Daniel M. Kowalski

"On March 14th, 20th and 27th, the Department conducted three webinars intended to educate program users and other interested stakeholders on the requirements of the 2012 H-2B Final Rule. Today the Department posted Round 1 of Frequently Asked... Read More

Tags: DOL , faq , H-2B

OFLC Posts PERM FAQ Round 13 (Oct. 7, 2016)
Posted on 11 Oct 2016 by Daniel M. Kowalski

DOL, Oct. 7, 2016 - " The Department of Labor has published a Frequently Asked Question (FAQ) Round 13 related to preparing the required recruitment report for employers seeking labor certification under the PERM Program along with two "best... Read More

Tags: recruitment , perm , DOL , oflc , faq

New iCERT FAQ for H-2A, H-2B
Posted on 4 Dec 2012 by Daniel M. Kowalski

"The Department has posted the first round of Frequently Asked Questions (FAQs) addressing the implementation of electronic filing in the H-2B and H-2A labor certification programs through the Department's iCERT Visa Portal System. The FAQs are... Read More

Tags: DOL , faq , icert , H-2B , H-2A

DOL on Post-Certification Corporate Restructuring, Successor in Interest (H-2A)
Posted on 25 Jan 2016 by Daniel M. Kowalski

DOL posted this FAQ on Jan. 22, 2016 . Though the FAQ is nominally limited to the H-2A context, it would not be surprising if DOL applied similar reasoning in other H visa contexts. Read More

H-2B Update from DOL and USCIS
Posted on 26 Apr 2013 by Daniel M. Kowalski

DOL has updated its FAQ on Apr. 25, 2013. USCIS resumes adjudication of H-2B petitions. Read More

Tags: DOL , faq , USCIS , H-2B

New H-2B Wage Rule Will Be Applied to Current Workers
Posted on 24 Apr 2013 by Daniel M. Kowalski

From the DOL FAQ of April 24, 2013 : "[I]f you currently employ H-2B workers, you and your current workers are affected by the new wage rule. Employers who have H-2B workers perform work on or after April 24, 2013, will receive a new prevailing wage... Read More

Tags: wage , DOL , faq , H-2B

Latest DOL FAQ: H-1B, H-1B1, and E-3 Programs
Posted on 28 Mar 2012 by Daniel M. Kowalski

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 March 27, 2012 Read More

Tags: h-1bi , DOL , H-1B , faq , e-3

FAQ: Prevailing Wage Determinations for College and University Teachers
Posted on 12 Oct 2011 by Daniel M. Kowalski

Must a prevailing wage determination be obtained from the National Prevailing Wage Center (NPWC) if the employer is filing an application for a college or university teacher under the optional recruitment and documentation procedures provision? Yes... Read More

Revised DOL FAQ: Job Requirements/Duties Beyond Those Considered Normal For The Occupation
Posted on 8 Nov 2011 by Daniel M. Kowalski

FAQ: Job Requirements/Duties Beyond Those Considered Normal For The Occupation Does informing the National Prevailing Wage Center (NPWC) on a prevailing wage request (ETA Form 9141) that the job contains requirements not normal to the occupation meet... Read More

Tags: DOL , job duties , faq