Our office handles many ETA Form 9089 Permanent Labor Certification (“PERM”) applications and one of the most common questions is what is an overview of the entire PERM process and how long it would take. Below we are [...]
The definition of an H-1B dependent employer is important in a number of ways, including due to the H-1B regulations’ certain additional recruitment and attestation requirements to such employers. For H-1B employers, it is important to understand the definition and apply the analysis during each H-1B [...]
The Department of Labor has provided some updates for the first quarter of the Fiscal Year 2015 (October 1, 2014 to December 31, 2014) on their processing of PERM, H-1B LCA and prevailing wage determination cases and we are happy to share them with our clients and readers. DOL Processing Statistics (First Quarter, 2015 Fiscal [...]
The short answer is yes. Benching H-1B workers can lead to a criminal visa fraud indictment. Employers who hire H-1B employees and fail to pay the wages indicated in the Labor Condition Application during a work stoppage may be violating the terms set forth in the Department of Labor regulations. The practice of “benching” H-1B [...]
The Department of Labor has provided some updates for the fourth quarter of the Fiscal Year 2014 (July 1, 2014 to September 30, 2014) on their processing of PERM, H-1B LCA and prevailing wage determination cases and we are happy to share them with our clients and readers. DOL Processing Statistics (Fourth Quarter, 2014 Fiscal [...]
The Department of Labor has provided some updates for the third quarter of the Fiscal Year 2014 (April 1, 2014 to June 30, 2014) on their processing of PERM, H-1B LCA and prevailing wage determination cases and we are happy to share them with our clients and readers. DOL Processing Statistics (Third Quarter, 2014 Fiscal [...]
We are frequently asked by our corporate clients what obligations an employer has when it terminates a foreign national employee who is an H-1B visa holder, and what options are available to the foreign national employee if he is terminated. Employers can terminate an H-1B visa worker at any time without penalty as long as [...]
What is BALCA? The Board of Alien Labor Certification Appeals (BALCA) is an administrative body which reviews mainly denials of PERM labor certification cases but it also handles a number of Department of Labor review cases. With respect to PERM denials, BALCA is the appellate body which reviews appeals for PERM denials. BALCA Reverses PERM [...]
The Department of Labor has provided some updates for the first quarter of the Fiscal Year 2014 (October 1, 2013 to December 31, 2013) on their processing of PERM cases and we are happy to share them with our clients and readers. Please note that this period reflects the period of the partial government shutdown [...]
The Department of Labor (DOL) has released the most recent annual report for the Office of Foreign Labor Certification (OFLC). Even though the report was recently released, it is for the 2012 fiscal year (FY2012) which covered the period between October 1, 2011 and September 30, 2012. While we understand that the relevant period is [...]
