Category: DOL

Effective March 26, 2009, the Department of Labor (DOL or the Department) withdrew an interpretation of the Fair Labor Standards Act (FLSA) published on December 18 and 19, 2008. The interpretation had said that the FLSA and its implementing regulations do not require employers to reimburse workers under the H-2A and H-2B nonimmigrant visa programs,… Read More

The Department of Labor (DOL) has redesigned the Labor Condition Application (LCA) Form ETA 9035, effective April 15, 2009, and the Labor Certification Form 9089 (PERM form), effective July 1, 2009. The DOL also noted at a February 4, 2009, public briefing that it has up to seven working days, effective with the new form… Read More

On August 8, 2008, Fragomen, Del Rey, Bernsen & Loewy, LLP (Fragomen) filed a lawsuit in federal district court in Washington, D.C., seeking an injunction against the U.S. Department of Labor’s (DOL’s) special audit of labor certification applications filed by the firm.

The Department of Labor seeks comment on the labor condition application (LCA) for H-1B, H-1B1, and E-3 nonimmigrants. The modifications being proposed to ETA Forms 9035, 9035CP, and 9035E are primarily due to the elimination of the “Fax Back” system and converting exclusively to the electronic submission system, except in rare cases of physical disability… Read More

The Department of Labor has decided to conduct an audit of all permanent labor certification applications filed by Fragomen, Del Rey, Bernsen & Loewy, LLP (Fragomen). The Department alleged that it “has information indicating that in at least some cases the firm improperly instructed clients who filed permanent labor certification applications to contact their attorney… Read More