CFGI Quoted – “DOL to Modify H-1B Form, Proposes New Filing Fees”


“The Department of Labor (DOL) intends to make changes to the labor condition application form that employers use when seeking to hire H-1B workers. DOL also aims to establish filing fees for labor certifications and prevailing wage requests required when employers sponsor foreign nationals with employment-related visas.

“The DOL announced June 6 that it will employ a variety of methods, from collecting more information from employers to using more criminal referrals for prosecution instead of civil penalties, to protect U.S. workers and enforce visa program rules.

“Meanwhile, U.S. Citizenship and Immigration Services (USCIS) Acting Director James McCament recently stated that the agency ‘continues to review all policies related to the H-1B program and is planning to publish an updated H-1B guidance section to the USCIS Policy Manual.’ 

“…These announcements ‘point to the continuing need for employers to ensure they are compliant with immigration regulations and record-keeping requirements,’ said Dick Burke, CEO of Envoy, an immigration services provider based in Chicago. 

“…The DOL is likely looking at unveiling a longer labor condition application form seeking additional information, said Justin Storch, manager of agency liaison for the Council for Global Immigration…‘DOL has wide latitude to ask for additional information about employers and their workforce,’ he said. ‘It's hard to know for sure until we see a proposed form, but we would want to ensure that any additional requests and public disclosures adequately protect private information.’

“…At the same time, the White House has requested that the DOL be given the authority to establish new filing fees for the adjudication of labor certifications and prevailing wage requests.

“This move would allow the DOL's Office of Foreign Labor Certification (OFLC)…to become self-funded like USCIS, said Moni K. Gill, an attorney in the Austin, Texas, office of Jackson Lewis. 

“…‘The DOL has had that request in a number of budgets under Obama and now has the request in the Trump budget as well,’ Storch explained. ‘This could mean the agency has some momentum with this request, and it could become a reality.’

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