labor lawAdivision of labor law center

The Department of Homeland Security recently outlined new restrictions for employers who receive stimulus finds to hire foreign workers through the H-1B visa program.

The most recent regulations were announced by the U.S. Citizenship and Immigration Services (USCIS) on March 20, 2009.

Employers who receive TARP funds will need to provide additional statements to the U.S. Department of Labor showing that they have made good-faith attempts to fill the positions with qualified American workers. In addition, the employers are not permitted to pay the foreign workers less than American workers with the same skills.

The new regulations are generated under the Employ American Workers Act or EAWA, a portion of the ARRA signed on February 17, 2009. The new provisions are in effect only until February 17, 2011 (unless extended by law.)

H-1B visas are granted to highly-skilled, temporary foreign workers for a maximum of 6 years. The visas are granted to just 65,000 workers per year, although an additional 20,000 visas are granted to workers with a master’s degree or equivalent. Many of the H-1B visas are granted to workers in (more…)

Employers should be aware of new regulations imposed by the US Department of Labor affecting permanent labor certification applications by certain employers.

The Labor Department announced in late July that it has begun stricter control of all pending permanent labor certification applications filed by (more…)

Employers should be aware that the U.S. Department of Labor recently announced a new audit of permanent labor certification applications. The department is initially targeting employers who used the law firm Fragomen, Del Rey, Bernsen & Loewy, LLP. The DOL has uncovered evidence of improprieties in a number of cases involving this firm. As a result, they are scrutinizing every visa the firm has been involved in.

According to sources at the US DOL who prefer not to be named, (more…)

The US Department of Labor proposed new rules in May to modernize the application process for H2B visas. The DOL says that the new procedures will enhance worker protection under the temporary labor certification program.  The public can comment on the changes until July 7.

In one of the most important changes, employers would be prohibited from passing on application and other related costs to foreign workers in the H2B program. These changes are just the latest step in the department’s program to renew and update foreign worker program regulations at all levels, which began in August 2007.

“These proposed improvements will give the department additional tools to protect workers and remove duplicative bureaucracy,” said Secretary of Labor Elaine L. Chao.

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