LexisNexis® Legal Newsroom
DOL Proposes Onerous Changes to LCA Process

"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, the DOL published a Notice in the Federal Register...

DOL Proposal Threatens Privacy

"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) will threaten personal and commercial privacy...

New iCERT System Enhancement: Reuse ETA Form 9035E Function

" 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 to reuse previously filed LCAs under the H-1B,...

Data Death at DOL, R.I.P. Records, Bye-Bye Bytes

"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 process, NARA determined employer applications...

Like a Dog on a Leash, AAO Firmly Tethers H-1B Workers - Cyrus D. Mehta

"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 places of employment constituted a material...

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 .]

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...

H-1B LCA Violation Costs Employer $42K - Mead v. S3J Electronics

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”) with the Department of Labor, (“DOL”...