The U.S. Department of Labor (DOL) has issued a final rule which adopts, with a few changes, the interim final rule of October 8, 2020, amending the regulations pertaining to permanent labor certifications (PERMs) and Labor Condition Applications (LCAs) to incorporate changes to the computation of prevailing wage levels. The rule is slated to go
Per the recently announced presidential proclamation, the U.S. immigration policies are being further altered to (1) continue the immigration restrictions of the April 2020 proclamation through December 31, 2020 and (2) to add further restrictions on foreign nationals’ entry into the U.S. through the end of calendar year 2020. While the April proclamation affects foreign
The later part of July brought two major immigration developments that affect U.S. businesses and foreign nationals. The United States Citizenship and Immigration Service (USCIS) has recently issued a memorandum pertaining to the government’s policy on the Requests for Evidence (RFEs) issuance for petitions and applications for various immigration benefits. While the practice of the
The government’s immigration enforcement efforts remain on the rise. The Civil Rights Division of the Department of Justice (DOJ) has recently reached a settlement with a North Carolina landscaping company. DOJ’s investigation found that Triple H Services LLC (“Triple H”) engaged in discrimination against U.S. workers qualified, available, and willing to accept positions with the
A California IT company has settled with the government for over $173,000 at the conclusion of the investigation into the business’s use of the H-1B professional foreign worker program. The U.S. Department of Labor Wage and Hour Division investigation uncovered that Cloudwick Technologies Inc. (“Cloudwick”) paid its sponsored H-1B workers significantly below the prevailing wages
Staffing companies’ owner has been sentenced to 52 months in prison and a $50,000 fine for fraudulent H-1B petitions submission for foreign professionals. According to the court documents, the owner and her spouse filed over 100 H-1B petitions for foreign workers’ placement at nonexistent businesses or businesses that had never received these H-1B workers’ services.
The new policy guidelines from the U.S. Citizenship and Immigration Services (USCIS) reverse the long standing practice of the agency’s deference to its own prior adjudications (i.e., approvals) of certain immigration proceedings for the purpose of the extension filings review. The newly adopted guidance instructs adjudicating officers to apply the same level of scrutiny to nonimmigrant visa