kumar1
01-15 09:55 AM
Interesting article! It reminds me of 2001-2002 time when getting labor approved was extremely difficult. It was tough for companies to prove that there is no willing and qualified US citizen in IT field to do the job. We saw so many labors getting rejected that time. Well, it is all coming back to haunt us.
wallpaper Deathly Hallows: Part 1
snathan
02-17 06:10 PM
The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?
Since you are already very close to the GC, I would not recommend to go for EB2. It would take 1-2 years for the PERM and I-140 get cleared. By that time you might have got your GC. If your employer is ready to spend, give a try and you are not going to lose anything.
Since you are already very close to the GC, I would not recommend to go for EB2. It would take 1-2 years for the PERM and I-140 get cleared. By that time you might have got your GC. If your employer is ready to spend, give a try and you are not going to lose anything.
sathishkrish
05-19 08:05 PM
There is so much to read about the happenings around this topic. How are we faring so far? Thank you for all the hard work!
2011 harry potter and deathly
h1-b forever
01-04 08:29 AM
Immigration legislation in Congress ended on a sour note in 2010. The DREAM Act, after narrowly passing in the House of Representatives, failed to get the necessary 60 votes in the Senate required to overcome a threatened GOP filibuster. Comprehensive immigration reform never even came to a vote in the last Congress.
What will the outlook be for immigration legislation in the 112th Congress which convenes beginning on January 3, 2011?
The biggest change will be in the House of Representatives where the majority, and the committee chairmanships, will change from Democrats to Republicans.
Representative Lamar Smith
Lamarsmith The new Chairman of the House Judiciary Committee will be Representative Lamar Smith (R-TX). On December 9th, Rep. Smith outlined his priorities for immigration policy as follows:
"The enforcement of our immigration laws is critical to the security and prosperity of our state and nation. The House Judiciary Committee should enact policies that will better secure our borders and discourage illegal immigration, human smuggling and drug trafficking.
"In the past five years, more than 28,000 people have been killed along the border because of drug-related violence. That includes more than 1,000 law enforcement personnel who have died.
"Without increased border security, we risk letting drug-related violence spill over the border. American citizens should not have to fear for their lives on U.S. soil. If the federal government enforced its immigration laws, we could better secure the border and better protect U.S. residents.
"Texans also should not have to compete with illegal immigrants for scarce jobs.
"According to the U.S. Bureau of Labor Statistics, one million citizens and legal immigrants currently are looking for work in Texas. At the same time, according to a 2010 Pew Hispanic Center study, there are one million illegal immigrants working or looking for work in Texas. That is unfair to legal workers.
"Worksite enforcement efforts have fallen dramatically since President Obama took office--administrative arrests are down 79 percent from 2008, criminal arrests are down 62 percent, and convictions are down 70 percent. That means it is easier for illegal immigrants to keep jobs that rightly belong to U.S. citizens.
We could free up millions of jobs for Americans and legal immigrants if we enforced our immigration laws against illegal workers..."
Rep. Smith supports:
* State and Local Enforcement of Federal Immigration Laws (H.R. 4471)
* Mandatory E-Verify on Employers (H. Res. 1026)
* End to Birthright U.S. Citizenship (H.R. 1868)
He is staunch opponent of Comprehensive Immigration Reform and the DREAM Act both of which he refers to as "amnesty". In 1996, he unsuccessfully attempted to greatly reduce the number of legal immigrants to the U.S. He was the chief architect of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a law which imposes penalties on immigrant families and strips thousands of immigrants of their ability to appeal the decisions of the USCIS and the BIA to the Federal Courts.
Where does Rep. Smith stand on legal immigration?
He has voted against increasing the number of employment-based immigrant visas. He believes that the number of refugees admitted to the U.S. is too large, and he opposes the visa lottery.
Representative Steve King
The person likely to become the Chairman of the House Immigration Subcommittee is an immigration restrictionist with enforcement-only voting record.
Representative Steve King (R-IO) agrees with Rep. Smith on the need for strong border and workplace enforcement, mandatory e-verify and ending birthright citizenship. He believes that it would be easy to increase border security by such means as electrifying the border fence. As he recently stated in the House chamber: "We do that with livestock all the time."
What does Congressman King have to say about legal immigration?
"Immigrants have made, and will continue to make, a valuable contribution to our nation. I will work to develop an immigration policy that aids inSteveking the assimilation of newcomers by ensuring that the United States does not admit more immigrants than it can reasonably accommodate. Assimilation is valuable to immigrants who benefit from our shared American culture of personal responsibility, freedom, and patriotism. The values shared by our civilization, founded on a heritage of western civilization, religious freedom and free enterprise capitalism, serve immigrants and native-born alike. I am concerned that the recent rise in immigration levels in this country will make it difficult for newcomers to assimilate and find jobs. We must ensure cultural continuity for our great nation."
Conclusion
So, should immigrants and their advocates give up on the idea that any positive immigration legislation will be signed into law during the next two years?
Not so fast.
Members of Congress, whatever their ideology, must represent the interests of their constituents.
You may be surprised to learn that Rep. Smith once voted to increase the H-1B cap. Of course, one of the largest computer companies in the world has a plant located in his district.
When Rep. Bobby Rush (D-Il), a former Blank Panther from the south side of Chicago, pushed for a special bill to allow a hospital in his poverty-ridden district to employ foreign-born nurses, Rep. Smith agreed to co-sponsor a bill with him which created the H-1C program for RNs. And although only a handful of hospitals across the country met the law's strict criteria, some of the qualifying hospitals are located in Rep. Smith's district.
And when a hospital in his district desperately needed to hire a Canadian physician, Rep. Smith introduced an amendment to the immigration laws in 1991 which lifted the ban on foreign-born physicians being able to qualify for H-1B visas.
So, perhaps the door is not completely closed to any positive immigration legislation in 2011 and 2012.
Time will tell.
From Carl Shusterman blogs
What will the outlook be for immigration legislation in the 112th Congress which convenes beginning on January 3, 2011?
The biggest change will be in the House of Representatives where the majority, and the committee chairmanships, will change from Democrats to Republicans.
Representative Lamar Smith
Lamarsmith The new Chairman of the House Judiciary Committee will be Representative Lamar Smith (R-TX). On December 9th, Rep. Smith outlined his priorities for immigration policy as follows:
"The enforcement of our immigration laws is critical to the security and prosperity of our state and nation. The House Judiciary Committee should enact policies that will better secure our borders and discourage illegal immigration, human smuggling and drug trafficking.
"In the past five years, more than 28,000 people have been killed along the border because of drug-related violence. That includes more than 1,000 law enforcement personnel who have died.
"Without increased border security, we risk letting drug-related violence spill over the border. American citizens should not have to fear for their lives on U.S. soil. If the federal government enforced its immigration laws, we could better secure the border and better protect U.S. residents.
"Texans also should not have to compete with illegal immigrants for scarce jobs.
"According to the U.S. Bureau of Labor Statistics, one million citizens and legal immigrants currently are looking for work in Texas. At the same time, according to a 2010 Pew Hispanic Center study, there are one million illegal immigrants working or looking for work in Texas. That is unfair to legal workers.
"Worksite enforcement efforts have fallen dramatically since President Obama took office--administrative arrests are down 79 percent from 2008, criminal arrests are down 62 percent, and convictions are down 70 percent. That means it is easier for illegal immigrants to keep jobs that rightly belong to U.S. citizens.
We could free up millions of jobs for Americans and legal immigrants if we enforced our immigration laws against illegal workers..."
Rep. Smith supports:
* State and Local Enforcement of Federal Immigration Laws (H.R. 4471)
* Mandatory E-Verify on Employers (H. Res. 1026)
* End to Birthright U.S. Citizenship (H.R. 1868)
He is staunch opponent of Comprehensive Immigration Reform and the DREAM Act both of which he refers to as "amnesty". In 1996, he unsuccessfully attempted to greatly reduce the number of legal immigrants to the U.S. He was the chief architect of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a law which imposes penalties on immigrant families and strips thousands of immigrants of their ability to appeal the decisions of the USCIS and the BIA to the Federal Courts.
Where does Rep. Smith stand on legal immigration?
He has voted against increasing the number of employment-based immigrant visas. He believes that the number of refugees admitted to the U.S. is too large, and he opposes the visa lottery.
Representative Steve King
The person likely to become the Chairman of the House Immigration Subcommittee is an immigration restrictionist with enforcement-only voting record.
Representative Steve King (R-IO) agrees with Rep. Smith on the need for strong border and workplace enforcement, mandatory e-verify and ending birthright citizenship. He believes that it would be easy to increase border security by such means as electrifying the border fence. As he recently stated in the House chamber: "We do that with livestock all the time."
What does Congressman King have to say about legal immigration?
"Immigrants have made, and will continue to make, a valuable contribution to our nation. I will work to develop an immigration policy that aids inSteveking the assimilation of newcomers by ensuring that the United States does not admit more immigrants than it can reasonably accommodate. Assimilation is valuable to immigrants who benefit from our shared American culture of personal responsibility, freedom, and patriotism. The values shared by our civilization, founded on a heritage of western civilization, religious freedom and free enterprise capitalism, serve immigrants and native-born alike. I am concerned that the recent rise in immigration levels in this country will make it difficult for newcomers to assimilate and find jobs. We must ensure cultural continuity for our great nation."
Conclusion
So, should immigrants and their advocates give up on the idea that any positive immigration legislation will be signed into law during the next two years?
Not so fast.
Members of Congress, whatever their ideology, must represent the interests of their constituents.
You may be surprised to learn that Rep. Smith once voted to increase the H-1B cap. Of course, one of the largest computer companies in the world has a plant located in his district.
When Rep. Bobby Rush (D-Il), a former Blank Panther from the south side of Chicago, pushed for a special bill to allow a hospital in his poverty-ridden district to employ foreign-born nurses, Rep. Smith agreed to co-sponsor a bill with him which created the H-1C program for RNs. And although only a handful of hospitals across the country met the law's strict criteria, some of the qualifying hospitals are located in Rep. Smith's district.
And when a hospital in his district desperately needed to hire a Canadian physician, Rep. Smith introduced an amendment to the immigration laws in 1991 which lifted the ban on foreign-born physicians being able to qualify for H-1B visas.
So, perhaps the door is not completely closed to any positive immigration legislation in 2011 and 2012.
Time will tell.
From Carl Shusterman blogs
more...
MerciesOfInjustices
03-08 09:35 PM
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
There is no posted transcript yet on the Website - how did it go?
There is no posted transcript yet on the Website - how did it go?
coopheal
11-02 01:51 AM
Contributed $100 for Nov.
Transaction ID: 9771***********
Contribute now
1) so that IV dont have to pass an opportunity during lame duck session or early next year.
2) for your GC.
Transaction ID: 9771***********
Contribute now
1) so that IV dont have to pass an opportunity during lame duck session or early next year.
2) for your GC.
more...
wanaparthy
03-26 09:28 PM
Yes , joydiptac
Iam not playing around, iam in a situation which is :confused:
But not intent to bother anyone here...
I realised after few Qtns from validIV, That this is not right to place my Qtn.
I will make the correct Qtn and put in right place.
Thanks
Iam not playing around, iam in a situation which is :confused:
But not intent to bother anyone here...
I realised after few Qtns from validIV, That this is not right to place my Qtn.
I will make the correct Qtn and put in right place.
Thanks
2010 harry potter and the deathly
nixstor
09-27 02:27 PM
That was a joke. I agree that DH on LD's show might help us. Your post sounded like DH should try to be on LD's show. No worries.
more...
cableching
07-16 01:15 PM
Hello,
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
I recently came back on AP through Atlanta. I have changed the employers and have not applied for AC21. In secondary inspections, I was asked about where I work and who sponsored it? I did tell the sponsor as my old employer and for where I work gave current employer's name. It should not be problem entering thru AP. Another person with AP was not even asked any questions and they just stamped it and gave it back.
Also the they were discussing about the combined card for EAD and AP, when they would implement it so that they do not have to stamp and enter the information at several places for AP.
This guy was even strange that, when I gave him two copies of AP, he gave one back and said he needs only one. He just took a copy of it after entering and stamping it.
Strange are the ways they behave. When I entered thru Chicago using AP last year, the officer was praising me for giving him two copies and did not even send me for secondary inspection, as everyone before was only giving him one copy and they were searching their bags for the second copy????
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
I recently came back on AP through Atlanta. I have changed the employers and have not applied for AC21. In secondary inspections, I was asked about where I work and who sponsored it? I did tell the sponsor as my old employer and for where I work gave current employer's name. It should not be problem entering thru AP. Another person with AP was not even asked any questions and they just stamped it and gave it back.
Also the they were discussing about the combined card for EAD and AP, when they would implement it so that they do not have to stamp and enter the information at several places for AP.
This guy was even strange that, when I gave him two copies of AP, he gave one back and said he needs only one. He just took a copy of it after entering and stamping it.
Strange are the ways they behave. When I entered thru Chicago using AP last year, the officer was praising me for giving him two copies and did not even send me for secondary inspection, as everyone before was only giving him one copy and they were searching their bags for the second copy????
hair harry potter and the deathly
STAmisha
11-16 09:44 AM
janakp
I'm not lucky like others. This is my company's lawyer. This is the first case in my company (15 years) where any sort of rejection/RFE/downgrade to TR is done.
I'm not lucky like others. This is my company's lawyer. This is the first case in my company (15 years) where any sort of rejection/RFE/downgrade to TR is done.
more...
kbsyed61
08-21 10:01 AM
I'm waiting as well.
Center: NSC
PD Nov 2004,
I-140 approved Sep 2007.
RD July 2, 2007.
ND Aug4, 2007
Center: NSC
PD Nov 2004,
I-140 approved Sep 2007.
RD July 2, 2007.
ND Aug4, 2007
hot harry potter deathly hallows
engineer
07-16 07:14 PM
Argument:
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
more...
house harry potter and deathly
rbalaji5
02-20 05:26 PM
Or get the birth cert from Indian Embassy in US... They'll issue it based on her passport..
takes about 2-4 weeks... unless you can go and get it personally...
It is not a Valid Birth Certificate for USCIS
takes about 2-4 weeks... unless you can go and get it personally...
It is not a Valid Birth Certificate for USCIS
tattoo Harry Potter Deathly Hallows
gckalafda
03-10 10:13 AM
Hi All,
I just wanted to share my RFE regarding the "Experience Lettters"
I got an RFE "Evidence of experience must be in the form of letter(s) from current or former employer(s) giving the name, address, and title of the employer and a description of the experience of the alien, including specific dates of the employment and specific duties."
The desi company that I worked for in US doesn't exist anymore. I got a affidavit from one of my ex-colleagues who is currently working for a company in INDIA.
And it worked for me. My attorney sent the documents to USCIS on 3/3 and we got an Approval Notice on 3/7.
First let me Congratts!
I have also similar situation where I send my 2 ex-coleague letter(2002), one is notarized and another without notarized for one of the company and other company I have got exp letter with latest date. So I keep my fingure crossed for what ever outcome from USCIS.
probably they may get today or tommarrow and will see the result.
By the way which centre you query was? I have got RFE from Nebraska and case transffered to Texas .
My lawyer sending answer to both centres..
I just wanted to share my RFE regarding the "Experience Lettters"
I got an RFE "Evidence of experience must be in the form of letter(s) from current or former employer(s) giving the name, address, and title of the employer and a description of the experience of the alien, including specific dates of the employment and specific duties."
The desi company that I worked for in US doesn't exist anymore. I got a affidavit from one of my ex-colleagues who is currently working for a company in INDIA.
And it worked for me. My attorney sent the documents to USCIS on 3/3 and we got an Approval Notice on 3/7.
First let me Congratts!
I have also similar situation where I send my 2 ex-coleague letter(2002), one is notarized and another without notarized for one of the company and other company I have got exp letter with latest date. So I keep my fingure crossed for what ever outcome from USCIS.
probably they may get today or tommarrow and will see the result.
By the way which centre you query was? I have got RFE from Nebraska and case transffered to Texas .
My lawyer sending answer to both centres..
more...
pictures harry potter and the deathly
gimme_GC2006
08-17 08:02 PM
gimme_GC2006,
I used my AP twice via JFK. Both times sent to secondary. No questions asked, just had to wait an extra 90 minutes due to people in front of me and was given my passport with the I94 back.
so nothing to fear.
ok..cool..thanks !!
Hopefully mine will also be cool. :)
I used my AP twice via JFK. Both times sent to secondary. No questions asked, just had to wait an extra 90 minutes due to people in front of me and was given my passport with the I94 back.
so nothing to fear.
ok..cool..thanks !!
Hopefully mine will also be cool. :)
dresses harry potter and deathly
lost_in_gc_land
01-31 01:24 PM
Hi statuslaw,
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you
Rahul.
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you
Rahul.
more...
makeup harry potter and deathly
cbpds
05-17 04:50 PM
how convenient, she didnt need to pay or wait for CIR.
Some people are only too powerful and influential that others
CLEVELAND � A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country, her attorneys announced Monday.
The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.
Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.
The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.
"The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."
Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.
Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.
Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.
Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.
A judge later agreed to suspend her deportation order and reopen her asylum case.
Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.
In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.
Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.
Some people are only too powerful and influential that others
CLEVELAND � A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country, her attorneys announced Monday.
The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.
Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.
The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.
"The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."
Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.
Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.
Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.
Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.
A judge later agreed to suspend her deportation order and reopen her asylum case.
Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.
In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.
Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.
girlfriend harry potter and deathly
ufo2002
08-18 01:12 PM
Just wondering if anybody ever complains of I140 being slow? :p
hairstyles harry potter and deathly
aristotle
02-26 02:03 AM
If you have GC then you can take out ur 401k in 2 installments (because u have RNOR status for 2 years) and file tax as a resident in USA (because of GC).
If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.
As a non resident, if you take out 10K every year, you should be under the Standard deduction and thus owe no tax??
If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.
As a non resident, if you take out 10K every year, you should be under the Standard deduction and thus owe no tax??
EB2ToEB3
08-22 01:53 PM
I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.
butterchicken
04-28 02:10 PM
DOL Proposed Legislation for Labor Certification
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
No comments:
Post a Comment