Mark A Ivener, A Law Corporation

Category: DOL


NYC Staffing Company Charged With Violating H-1B Program

An investigation by the Department of Labor’s Wage and Hour Division found that 156 H-1B workers from the Philippines, brought into the U.S. by Advanced Professional Marketing Inc. (APMI), a medical staffing company based in New York City, to be employed primarily as physical therapists in hospitals and other medical facilities in the New York… Read More

USCIS, Labor Dept. Issue Proposed Rules on H-2As

U.S. Citizenship and Immigration Services (USCIS) and the Department of Labor both issued proposed rules in February 2008 affecting the H-2A nonimmigrant visa program, which allows U.S. employers to bring foreign nationals to the U.S. for temporary or seasonal agricultural work. USCIS said its proposed rule is designed to “remove unnecessary limitations on H-2A employers… Read More

Labor Dept. Cracks Down on PERM Fraud, Increases Audits

In response to the Department of Labor’s final rule, effective July 16, 2007, requiring, among other things, that employers pay the costs of applications filed under the Program Electronic Review Management (PERM) program, Catherine L. Haight, a Los Angeles-based immigration attorney, said the risks are high for both employers and attorneys and that the Department… Read More

DOL Updates Guidance on H-2B Labor Certification for Nonagricultural Workers

The Department of Labor has released updated guidance for State Workforce Agencies (SWAs) and Employment and Training Administration National Processing Centers (NPCs) on processing H-2B applications in nonagricultural occupations. On April 4, 2007, the Department issued TEGL 21-06, which updated procedures for SWAs and NPCs to use in the processing of temporary labor certification applications… Read More

DOL Releases PERM Labor Certification FAQ

On May 10, 2007, the Department of Labor released the Tenth Round of Frequently Asked Questions on PERM labor certification. The FAQ includes information on notices of filing, advertisement content, and types of evidence in response to audit requests.