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News Excerpts From the May 1, 2015, Bender’s Immigration Bulletin

H-2B Applications and Prevailing Wage Requests Continue Through May 15; USCIS Resumes Premium Processing | On April 15, 2015, the federal district court for the Northern District of Florida issued a further order in Perez v. Perez, No 3:14-cv-682 (N.D. Fla., March 4, 2015) permitting the DOL to continue...

DOL Takes Down Dedicated H-2B IFR Info Page; FAQs Remain

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 Labor Certification has created a dedicated web...

Temp Firm Can't Revive Claims Against H-1B Workers, Citigroup

From Law360, May 6, 2015 - "A New Jersey appellate court on Wednesday rejected a software services firm's appeals in separate contract suits against foreign workers — including one case also targeting Citigroup Inc. — because the company's failure to register under a law covering...

Advance Copy of DOL Final Rule: Rules of Practice and Procedure for OALJ Hearings

"This is the final text of regulations governing practice and procedure for proceedings before the United States Department of Labor, Office of Administrative Law Judges (OALJ)." - FR Doc. 2015-11586 Filed: 5/18/2015 08:45 am; Publication Date: 5/19/2015 .

DOL Posts H-2B Resources

"On May 27, 2015, the Department of Labor hosted a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2B program made by the H-2B 2015 Interim Final Rule, which became effective on April 29, 2015. To learn more, you may now access...

DOL Updates H-2B Visa Forms

DOL, July 8, 2015 - "The Office of Foreign Labor Certification has updated the following H-2B forms: 1) Form 9142B - General Instructions; 2) Appendix B; 3) Form 9142B, Job Contractor Requirements under the 2015 H-2B Interim Final Rule. To access the forms, please click here ."

New DOL FAQ re H-1B, H-1B1 and E-3 LCAs - July 31, 2015

"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. 4, 2015 .]

CA10 on H-2B, Improper Delegation: Daniels v. Perez

"The issue we confront is whether an agency may, without Congressional authorization, delegate its decision-making responsibility to an entirely different agency. Courts are quite tolerant of the administrative practices of agencies, but passing the buck on a non-delegable duty exceeds elastic limits...

DOL Clears Infosys, Closes Investigation - Reuters

Sarah N. Lynch, Reuters, Sept. 8, 2015 - "The U.S. Labor Department has cleared Infosys Ltd of any wrongdoing and closed its investigation after American technology workers at Southern California Edison complained their jobs were wrongfully outsourced to foreigners working on H-1B visas, Infosys...

CA8 on DOL H-1B Investigative Authority - Greater Missouri Medical Pro-Care Providers, Inc. v. Perez

GMM v. Perez, Dec. 14, 2015 - "Greater Missouri Medical Pro-Care Providers, Inc. (GMM) provides physical and occupational therapists to serve in hospitals, nursing homes, and similar facilities. GMM appeals the district court’s decision to uphold a final decision and order of the United States...

How a Single Complaint Can Lead to an H-1B Investigation - Cora-Ann V. Pestaina

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 the DOL has to investigate an H-1B employer’s...

DOL H-2B News Updated: Jan. 5, 2016

DOLETA, Jan. 5, 2015 - " OMB Approval of Revisions to Appendix B of Form ETA-9142B and Form ETA-9165 in order to Implement Provisions of 2016 DOL Appropriations Act The 2016 Department of Labor Appropriations Act (Division H, Title I of Public Law 114-113) (2016 DOL Appropriations Act), which...

DOL Apologizes for H-2B Slowdown, Blames Congress

DOL, Jan. 11, 2016 - "The Department's Office of Foreign Labor Certification (OFLC) is making this public service announcement to employers who participate in the H-2B temporary nonagricultural visa program. We have received a number of inquiries and correspondence concerning recent changes...

Law360 - DOL OKs $15K Settlement In H-1B Wage Dispute: Matter of EBS Healthcare, Inc.

Allissa Wickham, Law360, Jan. 15, 2016 - "EBS Healthcare Inc. will pay a foreign worker $15,000 to resolve claims it violated the H-1B visa program, the Labor Department said. Administrative Law Judge Adele Odegard signed off on the deal between Labor's Wage and Hour Division and EBS, a Pennsylvania...

DOL on Post-Certification Corporate Restructuring, Successor in Interest (H-2A)

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.

DOL Announces Emergency H-2B Procedures, Posts Processing Info

DOL, Feb. 19, 2016 : OFLC Announces Emergency Procedures Initiative for Backlogged H-2B Applications The Employment and Training Administration's (ETA) Office of Foreign Labor Certification (OFLC) is presently experiencing significant delays in processing employers' H-2B applications for...

DOL Rethinking Schedule A, Posts RFI

OMB, Spring 2016 - "The Department of Labor’s (Department) Employment and Training Administration (ETA) is considering updating Schedule A of the permanent labor certification process at 20 CFR 656.5. For this reason, the Department is issuing this Request for Information (RFI) so that the...

AILA Has 'Serious Concerns' About DOL Proposed Changes to OES Survey

AILA letter to DOL, June 13, 2016 - "The American Immigration Lawyers Association (AILA) submits the following comments in response to the Department of Labor’s “Proposed changes to occupation, industry, and area detail in the OES survey,” published on the Bureau of Labor Statistics...

DOL's Investigative Powers Limited: In re Volt Management

Administrator, Wage and Hour Division, v. Volt Management, June 16, 2016 - "The Administrator of the United States Department of Labor’s Wage and Hour Division (the Administrator) initiated this matter after Sergey Nefedyev complained of wages he hadn’t been paid. Nefedyev had been admitted...

DOL Enhances iCERT for H-2A/B Filers

DOL, Aug. 26, 2016 - " ETA Announces iCERT System Enhancement to Streamline the H-2A and H-2B Processes for Employers: Electronic Submission of Supporting Documentation Post-Filing ETA has implemented a new enhancement to the iCERT System related to the submission of applications for temporary...

DOL Issues New H-2A/B FAQs

DOL, Oct 4, 2016 - " H-2B Interim Final Rule FAQs Round 17 - The Department of Labor has published a seventeenth round of Frequently Asked Questions (FAQs) related to the filing and processing of H-2B Applications for Temporary Employment Certification covering issues related to the area of intended...

OFLC Posts PERM FAQ Round 13 (Oct. 7, 2016)

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 practice" sample recruitment reports. The Round...

DOL Posts Foreign Labor Certification Annual Report for FY 2015

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 Labor Certification Profiles and top Country...

Electronic Notification of PERM Letters

DOL, Nov. 1, 2016 - "The Atlanta National Processing Center (ANPC) will begin issuing PERM notification letters via e-mail beginning December 1, 2016. Electronic notification e-mails will ensure PERM stakeholders receive ETA Form 9089 application determination notifications in a timely, cost effective...

DOL Posts OFLC Program Factsheets

DOL, Nov. 1, 2016 - " The Office of Foreign Labor Certification has posted updated program factsheets containing the FY 2016 Quarter 4 Selected Statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural...