Fueled by the $500.00 per case “H-1B Fraud Fee” paid by employers for every new H-1B application for a new employee, the DHS has instituted significant additional review programs of H-1B employer sponsors. According to the DHS, over 600 employers nationwide are being audited. The Office of Fraud Detention and National Security estimated [...]

Common myth explored

The straightforward and reasonable interpretation of “exceptional” and the criteria needed for a waiver of labor certification “in the national interest” were laid out in the Administrative Appeals Unit decision in the “Mississippi Phosphate” case. That clear decision has now been modified by another Administrative Appeals Unit decision, “in re New York State Department of [...]

The labor certification is the second stage in obtaining permission for an alien to permanently live and work in the U.S.A. It usually follows the H-Visa stage. The Labor Certification Application process is a complicated one, and it is highly recommended that legal counsel be retained to represent the employer or the alien in the [...]

To those of you who have watched with dismay as labor certification cases get backlogged both at the local state office and at the federal regional department of labor offices throughout the country, take note: you are not alone, and, it’s not going to get any better. Labor certification seems to have ground to a [...]

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