DOL

US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

Government Shutdown -- impact on immigration law

If Congress is unable to reach an agreement regarding the budget on Friday, the government will close at midnight on Saturday April 9. From that time forward, only "essential" government workers remain on the job. Here is a breakdown by agency:
CBP: Inspection and law enforcement are considered "essential personnel" though they will probably have fewer officers on duty.

Debarment for not responding to PERM audit

At the October 28, 2010, stakeholder meeting with the U.S. Department of Labor, DOL discussed their increased staffing capability and a corresponding increased scrutiny of cases where the employer fails to respond to an Audit Notification letter or submits an incomplete response to such a letter. Where DOL identifies a substantial failure by the employer to provide required documentation in response to an Audit Notification letter, DOL indicated that we can expect to see more debarment and/or revocation proceedings.

OFLC's National Prevailing Wage Center Will Accept Wage Source Changes to PWD Requests in H-2Bs

The NPWC is experiencing an unprecedented number of prevailing wage determination requests (PWDRs) for H-2B labor certifications, many of which include surveys. The lingering effect of the government shutdown, coupled with the complexity of reviewing new surveys, has resulted in increasing wait times for PWDs with survey requests. Employers' needs may not be able to accommodate the longer processing times, although the NPWC is working to reduce the processing time of these surveys as quickly as possible.

DOL Publishes Final Rule on Labor Certification Process for Logging Employment and Non-H-2A Agricultural Employment

  • [Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
    [Rules and Regulations]
    [Pages 69541-69543]
    From the Federal Register Online via the Government Printing Office [www.gpo.gov]
    [FR Doc No: 2013-27693]

    -----------------------------------------------------------------------

    DEPARTMENT OF LABOR

    Employment and Training Administration

    20 CFR Part 655

    RIN 1205-AB65

    Labor Certification Process for Logging Employment and Non-H-2A
    Agricultural Employment

DOL Publishes Final Rule on Attestation Process for Employers Using F-1 Students in Off-Campus Work

[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Rules and Regulations]
[Pages 69538-69539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27685]

-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

RIN 1205-AB66

Attestation Process for Employers Using F-1 Students in Off-
Campus Work

USDA Postpones Release of 2014 H-2A AEWR Wage Data.

On October 17, 2013, the United States Department of Agriculture (USDA) announced a change in the schedule for the release of certain reports due to the lapse in Federal appropriations resulting in the Government shutdown. Among the affected reports is the Farm Labor Survey (FLS) report upon which the Department relies in order to establish the Adverse Effect Wage Rates in the H-2A program. The new release date for the FLS report will be December 5, 2013.

Prevailing Wage Determination Processing Times

The NPWC uses the Prevailing Wage Determination Policy Guidance in issuing wage determinations for the Nonagricultural Immigration Programs. The Department updated the guidance in November 2009 following the publication of the H-2B regulation and the corresponding changes to PERM, H-1B, H-1B1, H-1C and E-3 regulations that affected the prevailing wage determination process.

Foreign Labor Certification Questions and Answers

Question details

1. What is the Foreign Labor Certification Process?

2. How long will the employment-based visa process take?

3. Are there any employment-based immigration fees?

4. How do I find out the status of my permanent case?

1. The actual process for the Foreign Labor Certification varies depending upon the program being used. This http://www.foreignlaborcert.doleta.gov website contains information regarding the process for filing for each of the programs under the Department of Labor's (DOL) jurisdiction.

OFLC Stakeholder Notice Regarding Handling of Applications and Responses After Government Shutdown

OFLC appreciates the challenges the regulated community has experienced as a result of the lapse in appropriations, which resulted in the cessation of the operation of OFLC's electronic systems, and further resulted in a backlog of documents submitted to OFLC during that period by mail, hand-delivery, or email.