USCIS Ombudsman Makes Recommendations Regarding H-1B Filings Stalled by Wrongly Denied Labor Conditions Applications

Posted on November 3, 2009 by Immigration/Global Migration Group

The U.S. Citizenship and Immigration Services (USCIS) Ombudsman has discovered (pdf) that iCert, the certification process for Labor Conditions Applications (LCA) operated by the Department of Labor, has been generating false mismatches of Federal Employer Numbers. After examining applications filed between April and August 2009, the Ombudsman found that 7% of denials (approximately 2,900 applications) were incorrect. These errors can hinder the ability to timely file original or extension H-1B visa petitions.

Currently, USCIS requires that petitioners include a certified LCA with their H-1B petitions, although the controlling statute, the Immigration Nationality Act, does not require this.

To remedy the situation, the Ombudsman made the following recommendations:

  • reinstate USCIS’ previous practice of temporarily accepting an H-1B petition with proof of timely filing of an LCA with DOL, and issue a Request for Evidence requiring the petitioner to later provide the certified LCA; and
  • establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly rejected.
     
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Comprehensive Immigration Bill in the Works

Posted on July 17, 2009 by Immigration/Global Migration Group

Senator Charles Schumer (D-NY) said he expects a comprehensive immigration reform bill to be completed by the end of this year, or early next year. According to Schumer, the bill will focus on increasing the number of highly skilled foreign workers in the U.S. and getting tougher on illegal immigration.

While business seeks to expand the skilled employee pool, particularly in the technology sector, unions have generally been against increased foreign labor. However, AFL-CIO and Change to Win, two prominent unions, came out earlier this year in favor of immigration reform, which they previously opposed. To appeal to both sides, Senator Schumer believes legislators will need to bridge the gap between them. "I think one of the ways to bridge it is to look at the different areas of labor and where there are shortages and where there are not and where just workers are being brought in for exploitive purposes — broadly put meaning just get lower wages — rather than having a shortage," Schumer said.
 

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Office of Foreign Labor Certification Announces New iCERT Visa Portal System

Posted on April 5, 2009 by Immigration/Global Migration Group

The Office of Foreign Labor Certification (OFLC) has announced (PDF) a new iCERT Visa Portal System, starting April 15, 2009. The iCERT System will allow employers to:

  • Prepare and submit applications at any time;
  • Save time preparing applications by pre-populating visa forms with business/contact information;
  • Create and manage sub-account users (e.g., HR staff or in-house legal counsel) to prepare and submit applications on the employer’s behalf;
  • Track the status of applications across visa programs through a single account;
  • Submit requests to withdraw applications; and
  • Notify the Department of Labor, at any time, in the event that unauthorized applications for labor certification have been submitted.

The OFLC’s announcement includes a implementation timeline for the iCERT system.

 

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