Immigration Law

Recent Posts

To Amend, or Not to Amend: That is the Question For Visas Not Associated With a Labor Condition Application
Posted on 22 Feb 2021 by Daniel M. Kowalski

Cora-Ann Pestaina, Feb. 22, 2021 "As the COVID-19 pandemic unfortunately rages on, employers nationwide continue to seek ways to keep their businesses open and reduce costs while also protecting their nonimmigrant employees. This blog has addressed... Read More

DOL Opines on H-1B "Secondary / Common-Law" Employers
Posted on 18 Jan 2021 by Daniel M. Kowalski

DOLETA, Jan. 15, 2021 - H-1B Program Bulletin Clarifying Filing Requirements for Labor Condition Applications by Secondary Employers at 20 C.F.R. §§ 655.715 and 655.730(a) DOLWHD, Jan. 15, 2021 - H-1B program obligations for common-law em... Read More

Tags: LCA , WHD , DOL , H-1B

New DOL FAQ re H-1B, H-1B1 and E-3 LCAs - July 31, 2015
Posted on 5 Aug 2015 by Daniel M. Kowalski

"The Office of Foreign Labor Certification has posted new and updated Labor Condition Application (LCA/ ETA Form 9035/9035E) Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 programs." [Dated July 31, 2015 ; posted by DOL Aug... Read More

Tags: LCA , eta , H-1B1 , DOL , H-1B , faq , e-3

New iCERT System Enhancement: Reuse ETA Form 9035E Function
Posted on 21 Feb 2013 by Daniel M. Kowalski

" On Monday, February 25th, the Office of Foreign Labor Certification will implement an enhancement to its Labor Condition Application (LCA) Electronic Filing Module within the iCERT System allowing employers or their authorized attorneys or agents... Read More

Tags: LCA , 9035e , reuse , icert

H-1B LCA Violation Costs Employer $42K - Mead v. S3J Electronics
Posted on 26 Jul 2016 by Daniel M. Kowalski

Mead v. S3J Electronics, July 19, 2016 - "On July 23, 2015, Shona Mead (“Ms. Mead” or “Complainant”) filed a complaint against S3J Electronics Acquisition Corporation, the Respondent (“S3J” or “the Employer”... Read More

Tags: LCA , mead , H-1B , s3j

DOL Proposal Threatens Privacy
Posted on 24 Sep 2012 by Daniel M. Kowalski

"A host of business trade associations have come out against a Department of Labor (DOL) proposal aimed at the employment of skilled foreign nationals on H-1B visas. The associations argue the proposal to change the labor condition application (LCA... Read More

Tags: LCA , proposed rule , DOL , nfap

Data Death at DOL, R.I.P. Records, Bye-Bye Bytes
Posted on 20 Oct 2014 by Daniel M. Kowalski

"H-1B Legacy records no longer available On July 8, 2013, the National Archives and Records Administration (NARA) approved OFLC's revised retention schedule following a 30-day period of public notice and review. As part of its review and approval... Read More

Tags: LCA , DOL , oflc , decommissioned , data

DOL Proposes Onerous Changes to LCA Process
Posted on 24 Jul 2012 by Daniel M. Kowalski

"The DOL now seeks to once again revise the scope of the information collected on the LCA citing, in its LCA supporting statement, a desire to improve its integrity review and ensure the accuracy and completeness of the information. On July 9, 2012... Read More

Tags: LCA , 9035 , DOL , H-1B

Like a Dog on a Leash, AAO Firmly Tethers H-1B Workers - Cyrus D. Mehta
Posted on 13 Apr 2015 by Daniel M. Kowalski

"In Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), the AAO affirmed the Service Center Director's decision and revoked the petition's approval. Among other things, the Director had concluded that changes in the beneficiary's... Read More

How a Single Complaint Can Lead to an H-1B Investigation - Cora-Ann V. Pestaina
Posted on 31 Dec 2015 by Daniel M. Kowalski

Cora-Ann V. Pestaina, Dec. 31, 2015 - " A recent U.S. Court of Appeals decision in Greater Missouri Medical Pro-Care Providers, Inc. ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), is worth noting as it addressed the issue of how much latitude... Read More