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  • USCIS Issues Guidance On Requirements For Third-Party Worksite H-1B Petitions

    USCIS has published a Policy Memorandum relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites.

    Under the guidance which is effective February 22, 2018, USCIS has clarified that

    • employers must provide contracts and itineraries for employees who will work at a third-party location, and
    • USCIS may request detailed documentation to ensure a valid employer-employee relationship is maintained while an employee is working at a third-party worksite.

    For an H-1B petition involving a third-party worksite to be approved, the petitioner must demonstrate that

    • the beneficiary will be employed in a specialty occupation;
    • specific, non-speculative qualifying assignments in a specialty occupation will be available for the beneficiary for the entire time requested on the H-1B petition; and
    • the employer will maintain an employer-employee relationship with the beneficiary for the duration of the requested validity period.

    If you have any questions about how to demonstrate valid employer-employee relationship for the requested H-1B validity period, or need assistance filing an H1B cap 2018 filing, please call us at 202-787-1944. Our experienced immigration lawyers will be happy to assist you.

    The post USCIS Issues Guidance On Requirements For Third-Party Worksite H-1B Petitions appeared first on VisaPro.

  • New Procedures For Screening of Refugee’s Family Members Abroad

    USCIS and the Department of State have implemented new security procedures for spouse and children of principal refugees who live abroad and who wish to join the principal refugee in the United States.

    

    The post New Procedures For Screening of Refugee’s Family Members Abroad appeared first on VisaPro.

  • H2A Update: USCIS To Email H2A Approval Notice To Petitioners

    Starting January 22, 2018, USCIS will email H-2A Approval Notice and Receipt Notice to H-2A petitioners.

    The H-2A Approval and Receipt notices will be emailed to the email address provided in Part 1 of Form I-129, and to any email address provided for the attorney or accredited representative on a valid Form G-28. In addition to the email notices, USCIS will continue to send Receipt and Approval notice by postal mail.

    USCIS will also use pre-paid mailers provided by H-2A petitioners to send Requests for Evidence (RFE), if one issued in the case.

    H-2A petitioners will now be able to submit two pre-paid mailers if they want to expedite delivery of both the final decision notice and any RFE issued. If only one pre-paid mailer is provided by the petitioner, USCIS will use it to send the RFE, if any. USCIS will send the final decision notice in a pre-paid mailer only if the petitioner provided a second pre-paid mailer, or the petitioner provided one pre-paid mailer, and no RFE was issued. USCIS will no longer send Receipt Notices to H-2A petitioners via pre-paid mailer.

    The post H2A Update: USCIS To Email H2A Approval Notice To Petitioners appeared first on VisaPro.

  • U.S. Government Shutdown 2018: How Does It Affect Immigration Services?

    An official partial shutdown of the U.S. government commenced on January 20, 2018. The shutdown became official as the U.S. Senate refused to pass a stopgap spending measure to keep the government operating. As the shutdown takes effect, all “non-essential” federal programs and services are suspended.

    The shutdown’s effect on immigration services will be limited initially but may deepen if the shutdown continues. Here is how the shutdown will affect various immigration-related services:

    • USCIS: The shutdown should not affect USCIS, for the most part, as the agency is largely funded by user fees. As such, there should be minimal effects on petition filing or adjudications. E-Verify, EB-5 Immigrant Investor Regional Center Program, Conrad 30 J-1 Doctors program, and the Non-Minister Religious Worker classification under EB-4 Green Card category, will be affected by the shutdown.
    • Department of State: The DOS announced that scheduled passport and visa services will continue as the situation permits. They will not predict, however, how long this can continue.

    We at VisaPro are closely monitoring the developments and will keep our readers informed as more information becomes available in this matter.

    The post U.S. Government Shutdown 2018: How Does It Affect Immigration Services? appeared first on VisaPro.

  • USCIS February 2018 Visa Bulletin Update

    USCIS has announced the Adjustment of Status Filing Charts for February 2018, providing information on which Green Card applicants can file their Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS in February 2018.

    According to the February 2018 Adjustment of Status Filing Charts, applicants under employment-based visa preference categories must use the Final Action Dates chart of February 2018 DOS Visa Bulletin for filing their Adjustment of Status application in February 2018.

    Green Card applicants in employment-based visa preference categories whose priority date is either current, or earlier than the date on the Final Action Dates chart, may file their Adjustment of Status application in February 2018.

    Check out the latest visa bulletin for a complete listing of the current cut-off dates and availability of immigrant visa numbers.

    Schedule a FREE Case Evaluation with our experienced immigration attorneys if you have any questions about your eligibility for filing an Adjustment of Status or an Immigrant Visa application.

    The post USCIS February 2018 Visa Bulletin Update appeared first on VisaPro.

  • TPS For El Salvador: Re-Registration Now Open

    Current beneficiaries of Temporary Protected Status (TPS) under El Salvador’s designation who want to maintain their status through the effective termination date of September 9, 2019, must re-register between January 18, 2018, and March 19, 2018 by submitting the Form I-821, Application for Temporary Protected Status.

    Applicants may also request an Employment Authorization Document (EAD) by submitting Form I-765, Application for Employment Authorization, at the time of filing Form I-821, or separately at a later date.

    

    The post TPS For El Salvador: Re-Registration Now Open appeared first on VisaPro.

  • TPS For Haiti: Re-Registration Now Open

    Current beneficiaries of Temporary Protected Status (TPS) under Haiti’s designation who want to maintain that status through the program’s termination date of July 22, 2019, must re-register between January 18, 2018, and March 19, 2018 by submitting the Form I-821, Application for Temporary Protected Status.

    Applicants may also request an Employment Authorization Document (EAD) by submitting Form I-765, Application for Employment Authorization, at the time of filing Form I-821, or separately at a later date.

    

    The post TPS For Haiti: Re-Registration Now Open appeared first on VisaPro.

  • H2A And H2B Visa Program Update: USCIS Announces List Of Eligible Countries For 2018
    .table.no-border>tbody>tr>td { border: 1px solid #e9e8e8;} USCIS has published the list of countries whose nationals are eligible to receive H-2A and H‑2B visas in 2018. Some of the notable changes in the list are: Mongolia has been added to the list of countries eligible to participate in the H-2A and H-2B visa programs. Belize, Haiti, and Samoa are no longer listed as eligible countries for the H-2A and H-2B visa programs. Effective January 18, 2018, nationals of the following countries are eligible to receive H-2A and H‑2B visas: Andorra Argentina Australia Austria Barbados Belgium Brazil Brunei Bulgaria Canada Chile Colombia Costa Rica Croatia Czech Republic Denmark Dominican Republic Ecuador El Salvador Estonia Ethiopia Fiji Finland France Germany Greece Grenada Guatemala Honduras Hungary Iceland Ireland Israel Italy Jamaica Japan Kiribati Latvia Lichtenstein Lithuania Luxembourg Macedonia Madagascar Malta Moldova (H-2A program only) Mexico Monaco Mongolia Montenegro Nauru The Netherlands Nicaragua New Zealand Norway Panama Papua New Guinea Peru The Philippines Poland Portugal Romania San Marino Serbia Singapore Slovakia Slovenia Solomon Islands South Africa South Korea Spain St. Vincent and the Grenadines Sweden Switzerland Taiwan Thailand Timor-Leste Tonga Turkey Tuvalu Ukraine United Kingdom Uruguay Vanuatu Each country’s designation is valid for one year from January 18, 2018. It should be noted that the Department of Homeland Security has the right to add countries to the eligible countries list at any time, or remove any country at any time. USCIS may also approve H-2A and H-2B petitions for nationals of countries not on the list on a case-by-case basis if it is determined to be in the interest of the United States. The post H2A And H2B Visa Program Update: USCIS Announces List Of Eligible Countries For 2018 appeared first on VisaPro. …
  • Visa Bulletin February 2018: EB-2 and EB-3 Advance For China and India
    The U.S. Department of State Visa Bulletin February 2018 shows advancement in EB-2 and EB-3 for China and India in the Application Final Action Dates chart. EB-2 China also advanced in the Dates for Filing Applications chart for the employment based visa preference categories. USCIS is yet to announce which chart may be used in February 2018 for filing applications for Adjustment of Status with USCIS. Unless USCIS indicates otherwise, applicants seeking to file for adjustment of status must follow the dates in the Application Final Action Dates chart to determine when they could file their adjustment of status applications. February 2018 Visa Bulletin Highlights The following are the key highlights in the Application Final Action Dates chart of February 2018 Visa Bulletin: Priority date for EB-1 continued to remain Current for all countries. Priority date for EB-2 China advanced from August 8, 2013 to October 1, 2013. In the EB-2 Category for India, the cut-off date advanced from November 22, 2008 to December 8, 2008. The EB-2 Category continues to remain Current for all countries other than India and China. In the EB-3 Professionals and Skilled Workers Category, priority date for mainland China advanced from April 15, 2014 to September 15, 2014. Priority date for EB-3 India advanced from November 1, 2006 to December 1, 2006. The priority date for mainland China under the EB-3 Other Workers Category advanced from December 22, 2006 to February 1, 2007. EB-3 Philippines advanced from February 15, 2016 to March 1, 2016. In the EB-3 category, priority date remained Current for all countries other than India, China, and Philippines. The following are the key highlights in the Dates for Filing Applications chart of February 2018 Visa Bulletin: Priority date for EB-2 China advanced from November 15, 2013 to November 15, 2014. In the EB-3 Professionals and Skilled Workers Category, priority date for mainland China advanced from September 1, 2015, to January 1, 2016. About V …
  • 5 Common H1B Cap 2019 Filing Mistakes: How To Avoid Them?

    The post 5 Common H1B Cap 2019 Filing Mistakes: How To Avoid Them? appeared first on VisaPro.


Archived Snapshot: 2017-03-30

OFLC Updates Prevailing Wage Data li{padding-bottom:10px}p{line-height:24px}

The Office of Foreign Labor Certification (OFLC) has uploaded the new prevailing wage data.

The new prevailing wage data from the Occupational Emp…

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DOL Issues Final Rule Delaying 2011 H-2B Wage Rule The Department of Labor (DOL) has published a final rule to delay indefinitely the effective date of the Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program final rule (2011 Wage Rule)…

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H-2B Wage Methodology Interim Final Rule Published On April 24, 2013 the Department of Labor (DOL) and the Department of Homeland Security (DHS) published a joint Interim Final Rule, Wage Methodology for the Temporary Non-Agricultural Employment H-2B P…

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DOL announces H-2A and H-2B Electronic Filing Implementation The Department of Labor (DOL) has announced implementation of electronic filing in the H-2A and H-2B visa programs through the DOL's iCERT Visa Portal System. Electronic filing in the H-2B program will begin on…

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DOL announcement on change in Chicago National Processing Center address DOL has announced change in the address of the Chicago National Processing Center (CNPC). Applicants have been advised to, beginning August 2, 2012, direct their hard copy filings for the D-1, H-2A and H-2B progra…

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Company pays nearly $258,000 in back wages to 21 IT workers on H-1B In a recent press release, the US Department of Labor (DOL) has informed that following an investigation by its Wage and Hour Division (WHD), a software development and IT staffing company in Montgomery has paid $…

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Technology Company to pay more than $740,000 in back wages for H-1B violations U.S. Department of Labor's (DOL) Wage and Hour Division (WHD) has announced that following an investigation by the WHD that found violations of the H-1B visa program, Semafor Technologies LLC in Norcross, Ge…

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DOL announces address change for Chicago NPC The Department of Labor (DOL) has published a Notice in the Federal Register announcing a change in the location where applications for temporary labor certification programs will be filed and/or are being process…

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OFLC Announces H-2B Ombudsman Program The Office of Foreign Labor Certification (OFLC) has announced the expansion of the H-2A Ombudsman Program to include the H-2B Program community. OFLC has stated that the H-2B Ombudsman Program aims to facilitate …

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2012 H-2B Final Rule: DOL issues new Guidance in Federal Register The Department of Labor (DOL) has issued a new guidance in the Federal Register, providing notice of the judicial order enjoining it from implementing and enforcing the 2012 HFin…

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DOL announcement on new H2B Regulations 2012 DOL has announced that on April 26, 2012, the new H2B Regulations 2012 was preliminarily enjoined by the U.S. District Court for Northern District of Florida, Pensacola Division, and was never implemented. Therefo…

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Changes to H-2B Labor Certification Process: DOL announces revisions to Transition Period Department of Labor (DOL) has announced that the new H-2B Final Rule will not be operative until April 27, 2012. It may be recollected that DOL had earlier published a guidance providing that applications postmark…

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H-2B Final Rule: DOL issues Guidelines on Transition Procedures On February 21, 2012, the Department of Labor (DOL) published a Final Rule amending Hregulations. The HFinal Rule becomes effective on April 23, 2012. All applications filed on or after that date will need…

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DOL issues Final Rule amending H-2B Regulations The Department of Labor has issued a Final Rule amending the regulations governing the labor certification process for the temporary employment of H-2B foreign workers in the U.S. The new regulations will go into …

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DOL Solicits Nominations for 2012 ERISA Advisory Council The U.S. Department of Labor's Employee Benefits Security Administration is soliciting nominations to fill five three-year vacancies on the Advisory Council on Employee Welfare and Pension Benefit Plans, known as the ERISA Advisory Council. The deadline to submit nominations is Sept.16.
The 15-m…

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DOL Certifies More Than 5,500 Workers in 16 states as Eligible to Apply for Trade Adjustment Assistance (TAA) The U.S. Department of Labor today announced that approximately 5,500 workers
from companies in 16 states Alabama, California, Connecticut, Georgia,
Illinois, Louisiana, Michigan, Mississippi, New York, Ohio, Oregon, South Carolina,
Tennessee, Utah, Virginia and Wisconsin &#82…

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Federal Minimum Wage Will Increase to $7.25 on July 24 The U.S. Department of Labor (DOL) reminds employers and employees that the federal minimum wage will increase to $7.25 on Friday, July 24. With this change, employees who are covered by the federal Fair Labor Standards Act (FLSA) will be entitled to pay no less than $7.25 per hour.

"This…

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DOL's Notice of Injunction against Suspension of December 2008 H-2A Final Rule The DOL's Office of Foreign Labor Certification has published the following notice on its website on July 6, 2009.

The DOL notice says:

On June 29, the U.S. District Court for the Middle District of North Carolina issued a preliminary injunction against the Department's Final Susp…

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Frequently Asked Questions on Suspension of H-2A Final Rule The US Department of Labor (DOL), on June 1, 2009, released some frequently asked questions and answers (FAQs) regarding the May 29, 2009 suspension of a December 18, 2008 H-2A final rule. The suspension of the H-2A final rule will take effect on June 29, 2009.

Question: What has …

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DOL Postpones Use of iCERT System for LCAs The Department of Labor (DOL) has postponed obligatory use of the new iCERT online portal for labor condition applications (LCAs). Employers will now be able to use the legacy online system for H-1B, VisaPro.com for more immigration news updates!


DOL's Interim Final Rule on H-2A Filing Procedures [Federal Register: April 16, 2009 (Volume 74, Number 72)]

[Rules and Regulations]

[Page 17597-17601]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]
————————————-

DEPARTMENT OF LABOR

Employment and Training…

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Department of Labor Update LCAs and PERM Applications The Department of Labor (DOL) provided an update regarding the new iCERT system which will be used to file labor condition applications (LCAs) and PERM applications. The iCERT system is now planned to launch on April 15, 2009 for LCA filings. Although the DOL had planned to open the iCERT system …

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DOL's Policy and Planning Guidance for Employment and Training Programs under ARRA The U.S. Department of Labor today issued policy guidance to states and outlying areas for the implementation of American Recovery and Reinvestment Act of 2009 (ARRA) investments in core employment and training programs. This critical investment of $3,514,500,000 in the nation's workforce system …

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Beginning June 1, Land and Sea Travelers Will Require Passport to Enter the US Travel document requirements will soon change for citizens of the United States, Canada and Bermuda who are entering the United States by land or sea. Beginning June 1, 2009, citizens of these countries will be required to present a passport or other acceptable travel document when entering the U…

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DOL FAQs Following Notice of Proposed Suspension of H-2A Rule DOL's Office of Foreign Labor Certification released FAQs regarding the department's consideration of H-2As recent notice of proposed suspension of the H-2A final rule published in December 2008.

Frequently Asked Questions Notice of Proposed Suspension

Q…

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U.S. Department of Labor Proposes to Suspend H-2A Rule The U.S. Department of Labor's Employment and Training Administration (ETA) today announced the proposed suspension for nine months of a final rule implementing changes to the H-2A program, which allows U.S. agricultural businesses to employ f…

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DOL Updates on the PERM Labor Certification Process The Department of Labor (DOL) has steadily increased enforcement measures which have in turn led to an increase in the amount of audits and processing times for PERM applications. By way of background, the PERM application is the first required step for many employers seeking to sponsor a foreign…

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Acting U.S. Labor Secretary Edward C. Hugler's Statement on January 2009 employment numbers Acting U.S. Secretary of Labor Edward C. Hugler issued the following statement on the January 2009 Employment Situation report released today:

"The Employment Situation report released by the Bureau of Labor Statistics today underscores the seriousness of the economic situation. As these…

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DOL Projected Timing for New 9035 and 9089 Forms The Department of Labor (DOL) announced that it plans to phase in the new Labor Condition Application (LCA) Form ETA-9035 starting April 15, 2009. The prior version of the form will be accepted through May 14, 2009. Additionally, the DOL will phase in the implementation of the new PERM Form ETA-9…

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DOL's Notice of Public Briefings on New ETA 9035 and ETA 9089 Forms The Office of Foreign Labor Certification (OFLC) in the Department of Labor's Employment & Training Administration (ETA) has been re-engineering several of its program forms to improve the information it collects from the public. These changes are intended to improve the application and day-to-day o…

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DOS Releases February 2009 Visa Bulletin The Department of States (DOL) has released the Visa Bulletin for the month of February. The February 2009, Visa Bulletin has brought some very good news in the EB-2 category for Indians and for the Chinese in both the EB-2 and EB-3 categories. Unfortunately, EB-3 ROW and EB-3 India remain …

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Sandia Corp. to Pay More Than $2 Million in Overtime Back Wages to More Than 2,657 Employees Sandia Corp., doing business as Sandia National Laboratory in Albuquerque, has agreed to pay $2,077,248 in overtime back wages to 2,657 research employees after a U.S. Department of Labor Wage and Hour Division investigation found violations of the Fair Labor Standards Act (FLSA).

"Among …

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Latest on H-1B: LCA Processing Times are expected to Increase in 2009 It may come as a surprise to most of the prospective employers who are planning to file H-1B visa petitions on April 1, 2009 that the Labor Condition Application (LCA) processing times are expected to increase. However employ…

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DOL's Reminder for I-140 Labor Certification Expiration All the I-140's (Immigrant Petition for an Alien Worker) based on labor certifications that have been approved before July 16, 2007, must be received by the by the Service Centers on January 11, 2008 so as to qualif…

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DOL Publishes Final H-2A Rule The U.S. Department of Labor's Employment and Training Administration (ETA) and Employment Standards Administration (ESA) today published a final rule that modernizes the H-2A program for employing foreign workers in temporary or …

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DOL Publishes Final H-2B Rule The U.S. Department of Labor has issued a final rule that enhances workers' protections and modernizes the application process under the H-2B temporary labor certification program. These changes and others finalized by the U…

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DOL Awards $10 Million to Projects Promoting Careers in Science, Technology, Engineering and Math The U.S. Department of Labor (DOL) today announced five awards worth nearly $10 million to build regional workforce investment system capacity to support careers in science, technology, engineering and mathematics (STEM).

"This $10 million initiative will help workers and youth prepare fo…

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DOL announces more than $22 million in aid to Louisiana for recovery from Hurricane Gustav The U.S. Department of Labor (DOL) today announced a $22,200,000 grant to the state of Louisiana to fund approximately 4,000 temporary jobs for cleanup and recovery efforts following Hurricane Gustav.

"This $22 million emergency grant will fund 4,000 jobs for workers to help Louisiana com…

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New Passport Card Production Deputy Assistant Secretary of State for Passport Services Brenda S. Sprague and Regional Director of the Miami Passport Office Ryan M. Dooley will participate in a press conference at the Port of Miami, (Miami, Florida) on Monday, August 18, 2008 at 10:00 a.m. to discuss the production of the new U…

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U.S. Labor Department proposes rules on investment advice exemption for 401(k) plans and IRAs The U.S. Department of Labor (DOL) today announced publication of two proposed rules under the Pension Protection Act (PPA) to make investment advice more accessible for millions of Americans in 401(k) type plans and individual retirement accounts (IRAs). The proposed regulation and class exemption …

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DOL Announces to Grant $7.4 million to Help Texas Clean Up and Recover from Hurricane Dolly The U.S. Department of Labor (DOL) today announced a $7,350,171 grant to Texas to create approximately 475 temporary jobs to assist in cleanup and recovery efforts as a result of Hurricane Dolly.

"This $7.4 million grant will provide Texans with temporary jobs assisting in disaster relie…

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U.S. Department of Labor announces grant exceeding $758,000 to assist trade-affected workers in Massachusetts WASHINGTON The U.S. Department of Labor today announced a $758,714 grant to assist approximately 170 workers affected by ongoing layoffs at the Alcatel-Lucent plant in North Andover, Mass.

"This grant will provide these workers with access to services to help them return to work …

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U.S. Department of Labor awards $250,000 to develop strategic economic growth plans for western Kentucky WASHINGTON The U.S. Department of Labor today announced a $250,000 Regional Innovation Grant to a nine-county area of western Kentucky and one county in Tennessee to establish plans for promoting economic growth.

"This $250,000 grant to the West Kentucky Workforce Investment Boar…

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U.S. Department of Labor Initiates Supervised Recruitment of Permanent Labor Certification Applications filed by Immigration Law Firm Department acts to protect employment opportunities for American workers

The U.S. Department of Labor (DOL) today announced that it has begun placing pending permanent labor certification applications (LCA) filed by the Cohen & Grigsby law firm into department-supervised recruitmen…

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U.S. Labor Department's the American Workplace: A 21st Century Vision' summit sets stage for disability employment The U.S. Department of Labor (DOL) today kicked off its "Transforming the American Workplace: A 21st Century Vision" summit, which focuses on including people with disabilities in the American workforce and reduced barriers to employment. The invitation-only summit continues through tomorrow at Gall…

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U.S. Department of Labor auditing all permanent labor certification applications filed by major immigration law firm The U.S. Department of Labor (DOL) today announced that it has begun auditing all permanent labor certification applications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP.

The DOL …

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DOL ETA Announces Planned Changes in NonElectronic Filing Locations The DOL's Employment and Training Administration (ETA) recently announced
administrative changes in the locations where future non-electronic applications
must be filed under the permanent foreign labor certification program and temporary
foreign labor certification programs administered…

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DOL announces mailing addresses for PERM applications The Employment and Training Administration (ETA) of the Department of Labor (DOL)
has issued a notice to announce the mailing addresses for employers that choose
to file applications by mail under the new permanent foreign labor certification
program. The regulation to implement the re-enginee…

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DOL unveils Email Subscription Service Website Users Can Receive Automatic E-mail
Updates

WASHINGTON – The U.S. Department
of Labor (DOL) today announced a new effort to …

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