Mark A Ivener, A Law Corporation

Category: DOL


DOL Publishes Final Rule on Labor Certifications for H-2B Temporary Nonagricultural Employment

The Wage and Hour Division (WHD) of the Department of Labor’s (DOL) Employment and Training Administration published a final rule effective April 23, 2012, revising the process by which employers obtain a temporary labor certification from the DOL for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B… Read More

DOL Announces Comprehensive Final Rule on H-2B Labor Certification Program

The U.S. Department of Labor’s Employment and Training Administration and Wage and Hour Division announced on February 10, 2012, a final rule on the H-2B temporary nonagricultural worker program. The rule, which will be effective on April 23 and will be published in the February 21 edition of the Federal Register, includes changes to several… Read More

Labor Dept. Issues Round 4 FAQ on H-2A Final Rule

The Department of Labor’s Office of Foreign Labor Certification (OFLC) has released Round 4 of frequently asked questions (FAQ, PDF) on the H-2A temporary agricultural foreign labor certification program, based on the 2010 final rule. Topics include job offers, assurances, and obligations, including job qualifications and requirements, and the contract impossibility provision; and H-2A labor… Read More

Labor Dept. Current on PERM, H-1B Prevailing Wage Determinations

The Department of Labor’s Office of Foreign Labor Certification recently announced that PERM and H-1B prevailing wage determinations are now current. H-2B prevailing wage determinations are expected to become current imminently. The Department explained that “current” has a different meaning depending on the program. In the PERM and H-1B programs, a prevailing wage determination is considered… Read More

Labor Dept. Inspector General Identifies ‘Integrity of Foreign Labor Certification Programs’ as a Top Management Challenge

The Department of Labor’s Office of the Inspector General (OIG) has identified maintaining the integrity of foreign labor certification programs among the “most serious management and performance challenges facing the Department.” The OIG said that investigations “continue to uncover schemes carried out by immigration attorneys, labor brokers, and transnational organized crime groups.” OIG investigations have… Read More