Mark A Ivener, A Law Corporation

Category: DOL


USCIS Ombudsman Recommends Temporary Acceptance of Filed LCAs for Certain H-1B Filings

In August and September 2009, the ombudsman for U.S. Citizenship and Immigration Services (USCIS) received complaints concerning H-1B cases with incorrectly denied labor condition applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). The ombudsman said that LCA processing delays and errors at DOL, coupled with USCIS’s current H-1B petition initial filing requirements, “are… Read More

Labor Dept. Issues FAQ on LCAs

The Department of Labor recently issued frequently asked questions (FAQ) about the new iCERT Portal and the newly redesigned ETA Forms 9035 and 9035E. Topics discussed include how to correct an invalid federal employer identification number after denial of a labor condition application (LCA) on that ground; filing on behalf of a new company created… Read More

Labor Dept. Issues Proposed Rule on H-2A Temporary Agricultural Workers

The Department of Labor’s Wage and Hour Division proposes to amend its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. The proposed rule reexamines the process by which employers obtain a temporary labor… Read More

Labor Dept. Issues Proposed Rule on Temporary Agricultural Employment of H-2As

The Department of Labor’s Wage and Hour Division proposes to amend its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. The proposed rule reexamines the process by which employers obtain a temporary labor… Read More

DOL Keeping Pre-iCERT LCA System Operational Through June 30

On May 9, 2009, during a conference call, the Department of Labor recently told several organizations that it has remedied some problems with the new iCERT online labor condition application system, but will keep the old LCA system operational through June 30, 2009, to allow sufficient transition time to the new online system for filing… Read More