News & Analysis as of

Department of Labor (DOL) OFLC

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFLC Announces Final Decommission of Permanent Online System and USCIS Offers Guidance for Filing I-140 Using New Form ETA-9089

The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced that the legacy iCERT system for the preparation and submission of labor certification applications will be fully decommissioned on...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFLC Announces H-2B Assignment Groups for First Half of FY 2025

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has released assignment groups for H-2B applications requesting an employment start date of October 1, 2024....more

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights - October-November 2023

A government shutdown was narrowly avoided on September 30, 2023 after Congress passed a continuing resolution to fund the government for an additional 45 days. However, another shutdown is possible if Congress does not pass...more

Jackson Walker

Government Shutdowns and Immigration Processes: What to Expect

Jackson Walker on

If Congress does not pass appropriations legislation or a stopgap spending bill by September 30, 2023, the federal government will experience a shutdown on October 1, 2023. A federal government shutdown will disrupt certain...more

Seyfarth Shaw LLP

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employees

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Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more

Dickinson Wright

Unintended New Job Locations: 3 Key Considerations from Round 4 of the U.S. Department of Labor’s FAQs for Labor Condition...

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Unintended new job locations have always presented issues for employers with H-1B, H-1B1, and E-3 workers. However, the issues are even more common today, given employers’ remote work policies and continued changes thereto. ...more

Seyfarth Shaw LLP

June 2023 U.S. Immigration Alert

Seyfarth Shaw LLP on

Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration: 1.  Submission Deadline for FY2024 H-1B Cap Petitions - Employers should be reminded that the deadline to file a cap-subject...more

Jackson Lewis P.C.

Filers Must Use New PERM Labor Certification Form ETA-9089, New FLAG Platform Starting June 1, 2023

Jackson Lewis P.C. on

Beginning on June 1, 2023, filers submitting PERM Applications for Permanent Employment Certification must submit the revised ETA-9089 in the Foreign Labor Application Gateway (FLAG) system, the U.S. Department of Labor’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFLC Postpones Date for Submitting Revised PERM and CW-1 Forms in FLAG System to June 1, 2023

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has postponed the date for submission of permanent labor certification (PERM) applications and CW-1 applications for temporary employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFLC Issues Guidance on PERM Application Denials Based on How Employers Completed Section H.10-B of Form ETA-9089

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has issued guidance regarding the recent trend of permanent labor certification (PERM) application denials based on how employers completed section...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Modernizing PERM Labor Certification - DOL Releases New Form ETA-9089

The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) has announced plans to revise the permanent labor certification (PERM) process in an effort to streamline the program, improve the employer...more

Lippes Mathias LLP

Why Are PERM Prevailing Wage Determination Requests and PERM Application Adjudications Taking So Long?

Lippes Mathias LLP on

AILA recently reached out to the DOL's Office of Foreign Labor Certification (OFLC) with questions about long PERM prevailing wage determination and PERM application filing processing times. (AILA Doc. No. 22101212) - ...more

Fisher Phillips

Beware of These Immigration Pitfalls When Employees Work Remotely

Fisher Phillips on

There is no doubt that COVID-19 has tremendously affected where and how we work. The same is true for how the coronavirus has impacted immigration laws as they apply to U.S. work authorization. The original lockdowns from the...more

Holland & Hart LLP

What Employers Should Know about Remote Work if they Employ Foreign Nationals

Holland & Hart LLP on

According to a new report from the U.S. Bureau of Labor Statistics, approximately 34 percent of private-sector employers expanded remote-work options for workers during the COVID-19 pandemic, and about 60 percent of those...more

Dickinson Wright

OFLC Clarifies Telecommuting in the PERM Context for Both Prevailing Wage Requests and PERM Applications

Dickinson Wright on

Even before remote working considerations emerged during the COVID-19 pandemic, employers filing applications for Program Electronic Review Management (“PERM”) were grappling with how to prepare Forms 9141 Application for...more

Epstein Becker & Green

August 2020 Immigration Alert

Epstein Becker & Green on

USCIS Will Increase Filing Fees as of October 2, 2020 - On July 31, 2020, the U.S. Citizenship and Immigration Service (“USCIS”) announced it will increase filing fees effective October 2, 2020. The fee increases will...more

Epstein Becker & Green

July 2020 Immigration Alert

Trump Administration Amends Presidential Proclamation That Temporarily Suspends New H-1B, H2B, J-1, and L-1 Visa and Travel from Abroad - On June 29, 2020, the Trump administration issued an amendment to Section 3(a)(ii)...more

Jackson Lewis P.C.

Demand For H-2B Visas Remains Higher Than Supply

Jackson Lewis P.C. on

The peak H-2B filing season opened on January 2, 2020, and by the next day the Office of Foreign Labor Certification (OFLC) in the Department of Labor (DOL) had received approximately 5,000 applications for 87,000 seasonal...more

UB Greensfelder LLP

How Does the Government Shutdown Affect Immigration?

UB Greensfelder LLP on

The federal government entered a partial shutdown on December 22, 2018. With no end in sight as the shutdown enters its third week, many are wondering how the shutdown will affect immigration matters. To provide some insight...more

Womble Bond Dickinson

The Government Has Shut Down. Now What?

Womble Bond Dickinson on

Congress was unable to agree on a spending bill and the US government has shut down as of midnight, January 19th. This leaves many wondering how immigration benefits are impacted. The general rule is that those services that...more

Clark Hill PLC

The U.S. Government is Shut Down but Most Immigration Agencies are Operating

Clark Hill PLC on

As the U.S. Government shutdown begins, many are left wondering about how such a shutdown may impact immigration-related agencies. The U.S. Department of Labor (DOL) is impacted the most. Typically, if a U.S. government...more

Jackson Lewis P.C.

President’s Budget Proposes New DOL Filing Fees For Employers

Jackson Lewis P.C. on

Suspecting that employers seeking to hire foreign workers are not acting in the best interests of American workers, President Trump has requested the authority to establish fees for the adjudication of labor certifications...more

Shumaker, Loop & Kendrick, LLP

What constitutes a worksite for H-2B purposes?

The issue of multiple worksites presents a conundrum for many employers. As a result, the Department of Labor’s Office of Foreign Labor Certification (OFLC) recently issued guidance for H-2B positions (such as landscapers,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Employment Law Authority - July/August 2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A Modern Makeover for the PERM Program

The U.S. Department of Labor’s (DOL) electronic permanent labor certification system (PERM) as we know it has been in existence for the past 10 years. This year, the Office of Foreign Labor Certification (OFLC) is expected to...more

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