Immigration Law

Recent Posts

Don't Forget Sunday Ads!
Posted on 8 Aug 2022 by Daniel M. Kowalski

Cyrus D. Mehta, Jessica Paszko, Aug. 3, 2022 "It’s no secret that employers wishing to sponsor a foreign national for permanent employment must jump through many bureaucratic hoops that Congress once envisioned would ensure that foreigners... Read More

OFLC Announces Publication of an Updated Appendix A to the Preamble–Education and Training Categories by O*NET–SOC Occupations Effective July 1, 2022
Posted on 27 Jun 2022 by Daniel M. Kowalski

OFLC, June 27, 2022 "On November 15, 2021, the Employment and Training Administration issued a Federal Register notice (FRN) informing the public that the Office of Foreign Labor Certification (OFLC) was updating Appendix A to the Preamble–Education... Read More

OFLC SOC Webinar, June 21, 2022
Posted on 10 Jun 2022 by Daniel M. Kowalski

DOL, June 10, 2022 " OFLC announces a webinar on June 21, 2022 to update stakeholders on the implementation of the new 2018 Standard Occupational Classification system. As part of the Office of Foreign Labor Certification's (OFLC) ongoing... Read More

DOLETA O*NET Update
Posted on 15 Nov 2021 by Daniel M. Kowalski

Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 "The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce updates to Appendix A to the Preamble– Education... Read More

BALCA Provides Further Guidance on Resume Review in Labor Certification Recruitment
Posted on 8 Nov 2021 by Daniel M. Kowalski

Cyrus D. Mehta & Jessica Paszko*, Nov. 6, 2021 "Under the Immigration and Nationality Act (“INA”), U.S. employers wishing to sponsor a foreign worker for employment and permanent residence must first prove to the Department of Labor... Read More

OFLC Temporarily Suspends Mail Processing at Chicago, Atlanta
Posted on 1 Apr 2020 by Daniel M. Kowalski

OFLC, Apr. 1, 2020 " OFLC Temporarily Suspends Daily Mail Processing at Atlanta and Chicago National Processing Centers, Urges Employers to File Documents Electronically. On March 20, 2020, Illinois Governor JB Pritzker directed all individuals... Read More

DOL to Revise H-2B Procedures
Posted on 27 Feb 2019 by Daniel M. Kowalski

DOL, Feb. 26, 2019 February 26, 2019. Department Announces Updates to its Procedures for Processing H-2B Applications for Temporary Labor Certification "The Department today announced updates to its procedures for processing H-2B applications... Read More

Labor Certification: Mustn’t the US Job Applicant Be Able to Perform the Job Even If Qualified on Paper?
Posted on 7 Nov 2018 by Daniel M. Kowalski

Cyrus Mehta & Sophia Genovese, Nov. 6, 2018 - "PERM labor certification operates outside of the realm of typical real world recruitment efforts. Whereas employers in the real world normally look to hire the most qualified applicant, PERM requires... Read More

Cyrus D. Mehta: Can the Beneficiary Pay the Fee in Federal Court Litigation Challenging an H-1B Visa or Labor Certification Denial?
Posted on 11 Jun 2018 by Daniel M. Kowalski

Cyrus D. Mehta, June 11, 2018 - "There is a clear prohibition to the foreign national beneficiary paying attorney fees and costs associated with labor certification. Similarly, fees and costs associated with the preparation of an H-1B petition and... Read More

DOL Challenge: Maintaining the Integrity of Foreign Labor Certification Programs
Posted on 22 Nov 2011 by Daniel M. Kowalski

"OIG investigations continue to uncover schemes carried out by immigration attorneys, labor brokers, and transnational organized crime groups. OIG investigations have repeatedly revealed that fraudulent applications filed with DOL on behalf of fictitious... Read More

First Quarter FY12 Labor Cert Data Online
Posted on 2 Mar 2012 by Daniel M. Kowalski

"The following case disclosure files cover determinations issued between October 1, 2011 through December 31, 2011. A small percentage of determinations are subject to change in subsequent quarterly releases due to appeal or redetermination... Read More

DOL Posts FY16 FLC Report
Posted on 20 Sep 2017 by Daniel M. Kowalski

OFLC, Sept. 13, 2017 - "The FY 2016 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification, and Temporary Nonimmigrant Labor Certification for FY 2016. The report also contains State Employment... Read More

DOL Updates Labor Certification Stats
Posted on 13 Apr 2014 by Daniel M. Kowalski

"The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 2 FY 2014 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program... Read More

DOL Releases 2010 Foreign Labor Certification Annual Report
Posted on 6 Oct 2011 by Daniel M. Kowalski

"The Department has released its Foreign Labor Certification Annual Report . The 2010 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification and Temporary Nonimmigrant Labor Certification... Read More

DOL Posts Foreign Labor Certification Annual Report for FY 2015
Posted on 2 Nov 2016 by Daniel M. Kowalski

DOL, Nov. 1, 2016 - " The 2015 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification, and Temporary Nonimmigrant Labor Certification for FY 2015. The report also contains State Employment-Based... Read More