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Article Index » immigration » labor certification
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.
Report Link Foreign Labor Certifiation.
Department of Labor - (No Date)
This site provides information to assist an employer in preparing a labor certification application in any one of the several employment-based visa programs.
Report Link How Can an Employer Sponsor a Foreign National for a Permanent Residency Green Card?
Hammond & Associates - (No Date)
Discusses Sponsorship Through the "Labor Certification" Process, Information Required from Employer for "Reduction in Recruitment" ("RIR") Applications, Recruitment Required for Non-RIR Labor Certification Applications, How to Avoid the Labor Certification Process, Using Experience Gained with Current Employer for Labor Certifications, Educational Evaluations, Information Required for Labor Certification Applications from Employer, and Information Required for Labor Certification Applications from Foreign National.
Report Link Foreign Labor Certication Permanent Labor Certification.
Department of Labor - (No Date)
A Permanent Labor Certification for the Department of Labor (DOL) is one of the avenues which allows an employer to hire a foreign worker to work permanently in the United States.

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