knnmbd
04-28 02:45 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 Currently a labor certification application is valid without limitation unless it is revoked or withdrawn.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.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
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.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
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485Mbe4001
07-11 02:45 PM
i guess its the overflow from other countries, which brings up a good question, why was EB3 ROW made unavailable earlier and the overflow sent to EB2 I ? Lawsuit anyone :confused:
Only they know how they work. As for EB3 -I, the only certainty is that come October EB3 I will revert back to the July PD (i am EB3-I may 02:mad:).
Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.
Only they know how they work. As for EB3 -I, the only certainty is that come October EB3 I will revert back to the July PD (i am EB3-I may 02:mad:).
Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.
RNGC
02-11 01:36 PM
Pappu,
I strongly suggest that IV introduce $20 monthly recurring contribution, I will defenitely sign up and most people will do it, I think.
Also, How about have a link in the homepage for Imigration attorneys. We can list their contact if they agree for $100 monthly recurring contribution. We have about 30 k members, so it is a good deal for them.
We can allow member testimonials for the attorneys which will be very helpful...
I strongly suggest that IV introduce $20 monthly recurring contribution, I will defenitely sign up and most people will do it, I think.
Also, How about have a link in the homepage for Imigration attorneys. We can list their contact if they agree for $100 monthly recurring contribution. We have about 30 k members, so it is a good deal for them.
We can allow member testimonials for the attorneys which will be very helpful...
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vikki76
01-15 10:36 AM
Hello All,
My friend's father wants to apply for B-1 visa for tourism purpose. He is a senior retired defence personnel in India and now having successful post-retirement career as a education consultant. Will his Army background prove to be a detriment to his B-1 visa application?
DS-157 specifically asks for prior military training and knowledge of handling of firearms. All answers are affirmative in his case.
Does any one know if some one with this profile was able to get B-1/2 visitor visa
My friend's father wants to apply for B-1 visa for tourism purpose. He is a senior retired defence personnel in India and now having successful post-retirement career as a education consultant. Will his Army background prove to be a detriment to his B-1 visa application?
DS-157 specifically asks for prior military training and knowledge of handling of firearms. All answers are affirmative in his case.
Does any one know if some one with this profile was able to get B-1/2 visitor visa
more...
pappu
06-29 10:08 AM
I am putting an extra freshly painted mailbox with a big bold name in red color and a message-- 'Put my greencard here' for the postman. :)
Lets see how many years it will take for him to finally grant me my wish.
Lets see how many years it will take for him to finally grant me my wish.
StuckInTheMuck
05-04 05:26 PM
Thanks.
more...
ghost
07-24 06:12 PM
Having said that, there is no need to wait to file 485 due to visa retrogression.
Agreed, one of the IV goals.
Agreed, one of the IV goals.
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guy03062
08-20 07:16 PM
PD EB-2 Inida: June 2005
I-140 AD: July 6, 2007
I-485 RD: July 2, 2007, NSC
I-485 ND: Aug 1, 2007, NSC
I-485 AD: ??
I-140 AD: July 6, 2007
I-485 RD: July 2, 2007, NSC
I-485 ND: Aug 1, 2007, NSC
I-485 AD: ??
more...
gcdreamer05
11-19 02:06 PM
This processing dates is just an act or rather a scam. USCIS and DOS will do what they like. I personally know a lot of people who applied there 485 a month after I did during July 2007 and whose priority date was 6 to 7 months behind me and they got there green card in August 2008 and I did not, I am sure a lot of you are in the same position. Whats the point in looking at these processing dates when there is no order or proper manner in which USCIS processes them, it is worse than a fish market. If we are lucky the monthly bulletin dates might move again (I doubt it), even if it moves you just dont know how far it might move, it might be 1 month or even to 2007. USCIS will then issue GC to 2007 and make a fool of 2004 and 2005 folks. I guess we have no choice but to bear this brutality. I for one have stopped looking at processing dates and even monthly bulletin. On top of it we have Obama\Durbin in control of washington, not sure what sort of nightmarish "immigration reform" they are cooking. I am at a low point, for the first time I am fearing I might have to leave US (or might be kicked out of US by Obama \Durbin "Immigration reform") after comming here and staying legally for 10 years and obeying all the laws.
Hi pitha, i understand your frustration but one thing in which the processing dates helps is like in my case, if my h1b extension is pending for 60 days i can call them only if their processing dates says less than 2 months, otherwise these guys wont even answer the call saying call back after checking processing dates.
Hi pitha, i understand your frustration but one thing in which the processing dates helps is like in my case, if my h1b extension is pending for 60 days i can call them only if their processing dates says less than 2 months, otherwise these guys wont even answer the call saying call back after checking processing dates.
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insbaby
11-15 12:37 PM
Me.
more...
InTheMoment
08-13 07:52 PM
Infopass IIO's are not the best in terms of reliability of their statements ...or actually opinions !
Most of them refer not the Feb 08 memo (180 day +) but the one that has given the timeline for Name Check backlog elimination !
see this one:
http://immigrationvoice.org/forum/showpost.php?p=276078&postcount=10
Most of them refer not the Feb 08 memo (180 day +) but the one that has given the timeline for Name Check backlog elimination !
see this one:
http://immigrationvoice.org/forum/showpost.php?p=276078&postcount=10
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GotFreedom?
11-12 09:09 AM
I e-filed my AP and did not send any documents and just received an RFE requesting 2 photographs(write alien number with pencil in the back) and a preferably color photocopy of a photo ID.
So, please make sure that you send those supporting documents with the e file receipt to USCIS. They give out the address and instructions at the end of the application which are easy to follow.
Nevertheless, I e Filed EAD too and did not send any supporting documents and they approved it without issuing any RFE. They used an older picture from my previous EAD.
My 2 paise!!!
So, please make sure that you send those supporting documents with the e file receipt to USCIS. They give out the address and instructions at the end of the application which are easy to follow.
Nevertheless, I e Filed EAD too and did not send any supporting documents and they approved it without issuing any RFE. They used an older picture from my previous EAD.
My 2 paise!!!
more...
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up_guy
08-27 04:09 PM
What was the cause for H1B rejection??
My H-1 B was not rejected, just application got returned back to the lawyer because some form was missing in it. They had refiled it back.
I donot know any other details, as lawyer did not share it with me..
My H-1 B was not rejected, just application got returned back to the lawyer because some form was missing in it. They had refiled it back.
I donot know any other details, as lawyer did not share it with me..
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vinayh
11-18 09:30 PM
I recently booked visa appointment at Chennai.
1. Use IE. I had issues with firefox
2. You will be allowed to pick the appointment date at the very end. In fact that is the last step of the online visa appointment booking process.
1. Use IE. I had issues with firefox
2. You will be allowed to pick the appointment date at the very end. In fact that is the last step of the online visa appointment booking process.
more...
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paskal
12-08 11:31 PM
Dear friends,
We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
OR use this thread if it is just more convenient....
We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
OR use this thread if it is just more convenient....
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mgmanoj
08-27 06:21 PM
He has 20 years experience means 13 + 9 years of experience will make bachelors equivalent and 10 years of experience.
Will the job requirement saying bachelors equivalent + 10 year experience will qualify as EB2 ? rather than masters or bachelors plus 5 years ?
Will the job requirement saying bachelors equivalent + 10 year experience will qualify as EB2 ? rather than masters or bachelors plus 5 years ?
more...
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qisolu917o
03-22 10:05 PM
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dixie
05-25 08:46 AM
I think this is independent of sec 508. Countries like India, China, mexico, philliphines, UK (in fact the top 12 immigrant sending countries) are all excluded.
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visaspirant
10-22 02:14 PM
Thanks again Elaine, for clearing much of the fog in my mind!
So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?
Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?
Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?
So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?
Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?
Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?
satishku_2000
07-19 11:46 AM
Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??
tnx.
Boy, you cant wait for EAD ...:) I don't blame ya for that, I think in case of July 2nd you should count from the date when your check gets cashed. In case of July filers we should not be surprised if EADs and APs take more than 6 months being on cynical side.
tnx.
Boy, you cant wait for EAD ...:) I don't blame ya for that, I think in case of July 2nd you should count from the date when your check gets cashed. In case of July filers we should not be surprised if EADs and APs take more than 6 months being on cynical side.
chezelleabhap
03-14 04:08 PM
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