Mark A Ivener, A Law Corporation

Category: DOL

Labor Dept. Extends Emergency Procedures for Backlogged H-2B Applications Through April 29

The Department of Labor’s Office of Foreign Labor Certification (OFLC) continues to experience significant delays in processing employers’ H-2B applications for certification and is therefore extending the availability of emergency procedures through April 29, 2016. OFLC explained that the delays have been generated by several factors, the most significant of which was a 17-day certification… Read More

Labor Dept. Issues Emergency Guidance on H-2B Changes

Responding to new requirements contained in the 2016 Department of Labor Appropriations Act, which was signed into law on December 18, 2015, as part of the omnibus spending bill mentioned in the prior article, the Labor Department’s Office of Foreign Labor Certification (OFLC) has provided emergency guidance (PDF) to employers seeking to employ nonimmigrant workers… Read More

Labor Dept. Publishes Final Rule on Temporary Employment of H-2A Workers in Herding or Production of Livestock on the Range

The Department of Labor (DOL) has published a final rule establishing standards and procedures for employers seeking to hire foreign temporary agricultural workers for jobs in herding and production of livestock on the range. Among the issues addressed are the qualifying criteria, preparing job orders, program obligations of employers, filing H-2A applications requesting temporary labor… Read More

Agencies Investigate H-1B Outsourcing Firms; Layoffs Provoke Controversy

Several companies have been in the spotlight recently due to hiring H-1B workers and laying off U.S. workers in similar positions. According to reports, the Departments of Labor (DOL) and Justice (DOJ) are investigating several companies for possible labor and immigration law violations. The companies include several Indian outsourcing firms that provided H-1B workers to… Read More

DOL, DHS Publish Rules on H-2B Temporary Nonagricultural Worker Program, Related Prevailing Wage Methodology

In response to recent court decisions that the U.S. Departments of Labor and Homeland Security say have created significant uncertainty about the H-2B temporary foreign nonagricultural worker program, the agencies published an interim final rule on April 29, 2015, to reinstate and make improvements to the program, and a final rule the same day to… Read More