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Report Link The Labor Certification Process (pdf).Buchanan Ingersoll & Rooney PC - October 23, 2008 Even as we continue to wait for Congress to take on immigration
reform and finally realign real life business needs
with an antiquated legal system, employers should not
give up on foreign workers. While the current business immigration
framework is complex and constantly changing,
prudent planning and careful execution on the part of employers
can make the task of pursuing a labor certification
less daunting. Report Link DOL Issues a New Bulletin on the Role of Attorneys in the PERM Process and Asserts Fragomen Lawsuit is Moot.Ogletree Deakins - September 25, 2008 On August 29, the DOL issued a new Guidance Bulletin confirming the right of employers to seek counsel as part of the PERM labor certification process. The DOL went on to clarify the types of actions that are prohibited, namely: attorneys cannot conduct a preliminary screening of applicants before the employer, unless the attorneys always perform this function; and attorneys cannot participate in interviewing U.S. worker applicants unless they routinely perform this function. This clarifies and seemingly retreats from previously stated positions of the DOL. In addition, the DOL announced on its website on September 17 that all pending audits triggered exclusively by attorney consideration rule concerns are being released and will be processed in accordance with their original filing date. Report Link DOL Requiring Supervised Recruitment For Clients Of Cohen & Grigsby Law Firm.Ogletree Deakins - July 23, 2008 Federal government enforcement of immigration benefits requests also continue to increase. On July 8, the U.S. Department of Labor (DOL) announced that it was initiating department-supervised recruitment for all pending permanent labor certification (PERM) applications filed by the Pittsburgh-based Cohen & Grigsby law firm. Supervised recruitment requires the employer to receive advance approval from the DOL for all recruitment efforts to ensure that U.S. workers are fully considered for available positions. While the DOL can require supervised recruitment for a variety of reasons, the agency’s press release specified concerns the firm may have improperly advised its clients regarding the recruitment of U.S. workers. Report Link DOL to Audit Permanent Labor Certifications filed by Fragomen Firm.Ogletree Deakins - June 25, 2008 In a press release dated June 2, the U.S. Department of Labor (DOL) announced its intention to audit all permanent labor certification cases filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP. Report Link Don’t Lose Your Labor Certification.Fisher & Phillips, LLP - January 11, 2008 Pursuant to a regulation implemented by the Department of Labor last summer, all permanent labor certifications approved on or after July 16, 2007 must be filed within 180 calendar days of the approval. Likewise, all permanent labor certifications approved prior to July 16, 2007 must be filed within 180 calendar days of July 16, 2007. This means that employers have until Saturday, January 12, 2008 to file a permanent residence petition (Form I-140) for any labor certification approved on or before July 16, 2007. Report Link DOL Amends Regulations Governing Permanent Labor Certifications.Ford & Harrison LLP - August 14, 2007 The Department of Labor (DOL) has amended its regulations regarding the acquisition and use of permanent labor certifications in order to reduce the incentives and opportunities for fraud and abuse in the permanent labor certification program. The DOL's Final Rule makes a number of changes that will impact employers who use permanent labor certifications to employ immigrant aliens. Report Link DOL Publishes Final Rule on Alien Substitution and Other Labor Certification Issues.Jackson Lewis LLP - May 31, 2007 To reduce incentives and opportunities for fraud and abuse in the Permanent Foreign Labor Certification program and enhance the program's integrity, the Department of Labor ("DOL") has published a Final Rule to impose clear limitations on the acquisition and use of permanent labor certification applications and approved permanent labor certifications. The rule, published in the Federal Register on May 17, 2007, contains several controversial provisions, including a prohibition on beneficiary substitutions, requiring employers to pay all attorneys fees and costs for the labor certification process, and requiring the filing of the I-140 Immigrant Visa petition within 180 days of obtaining DOL labor certification (otherwise the approved labor certification becomes void). Report Link Department of Labor Issues Final Rule on Elimination of Labor Certification Substitutions.Buchanan Ingersoll & Rooney PC - May 24, 2007 The Department of Labor (DOL) has released a Final Rule amending its regulations in a number of important areas, including labor certification substitution cases, expiration periods of labor certifications, and employer/employee payments in connection with labor certifications. The Final Rule goes into effect July 16, 2007. Below is a brief summary of the key changes: Report Link New DOL Rule Eliminates Labor Certification Substitutions and USCIS Terminates Premium Processing for Visas with Such Labor Ceritifications.Littler Mendelson, P.C. - May 23, 2007 Published on May 18, 2007, in the Federal Register is the Department of Labor (DOL) final rule regarding the elimination of the ability to substitute beneficiaries of unused approved labor certifications (LC). The final rule also includes a validity period within which an approved LC must be used for filing an employment-based immigrant visa petition and a prohibition against employers receiving reimbursement for costs incurred during the LC process. Report Link ICE Publishes Interim Rule Permitting Electronic Retention of Form I-9.Jackson Lewis LLP - June 19, 2006 On June 15, 2006 ICE published an interim rule which permits U.S. employers who are required to complete and retain Forms I-9, Employment Eligibility Verification, to sign and retain these forms electronically (71 FR 34510, 06/15/06). The interim rule implements statutory changes enacted in 2004 ( Public Law 108-390, October 30, 2004) to the Form I-9 retention requirements by establishing standards for electronic signatures and the electronic retention of I-9s. While written comments are due no later than August 14, 2006, the interim rule takes effect June 15, 2006. Report Link To Re-file or Not to Refile Under PERM: That is the Question.Fredrikson & Byron, P.A. - April 07, 2006 Now that the long awaiting regulations for the Program Electronic Review Management (PERM)1 program have arrived, many employers and immigration attorneys must decide whether to re-file cases for individuals with currently pending labor certifications. Report Link DOL Proposes Rule on Alien Substitution, Other Labor Certification Issues for Employment-Based Immigration.Jackson Lewis LLP - February 17, 2006 The U. S. Department of Labor has published a proposed rule to counter what it perceives as opportunities for abuse and fraud in the Permanent Labor Certification program, generally the first step in the employment-based immigrant visa process. The proposed rule, published February 13, 2006, contains several controversial provisions, including prohibition on beneficiary substitutions, requiring employers to pay all attorney fees and costs for the labor certification process, and requiring the filing of the I-140 Immigrant Visa petition within 45 days after obtaining DOL labor certification. Written comments may be submitted to the DOL on or prior to April 14, 2006. Report Link DOL Releases Final Rule To Expedite Labor Certification Process.Jackson Lewis LLP - January 04, 2005 In an effort to speed up the Labor Certification process, the U.S. DOL on Dec. 27, 2004, published a 96 page final rule providing for pre-filing recruitment, electronic filing, automated processing of applications, and elimination of state workforce agency review of Labor Certification Applications. Report Link Immigration Certification Deadline Approaches for Foreign Healthcare Workers.Jackson Lewis LLP - April 07, 2004 This is a reminder that final regulations implementing the requirement that foreign healthcare workers be certified prior to nonimmigrant (visa) and immigrant (green card) entries take effect July 26, 2004.
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December 9, 2009 Shaw Valenza |
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