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In August and September 2009, the U.S. Citizenship and Immigration Services (USCIS) ombudsman received complaints about H-1B cases with incorrectly denied labor condition applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). The ombudsman said that LCA processing delays and errors at the DOL, when coupled with USCIS’s current H-1B petition initial filing requirements,… Read More

The Department of Labor (DOL) has announced that the H-1C program, established under the Nursing Relief for Disadvantaged Areas Reauthorization Act, will sunset on December 21, 2009. Congress has not reinstated the program and, absent further legislative action, will no longer accept H-1C attestations from hospitals. The DOL said that questions about the H-1C program… Read More

The Department of Labor has published an interim final rule (PDF) extending the transition period application filing procedures implemented under the December 2008 H-2A final rule. The application filing procedures under the extended transition period apply to all employers with dates of need before June 1, 2010.

U.S. Citizenship and Immigration Services has released a fact sheet (PDF) on public charge determinations. The agency noted that although an individual who is likely at any time to become a public charge is inadmissible to the U.S. and ineligible to become a legal permanent resident, receiving public benefits does not automatically make an individual… Read More

The Department of State’s Visa Bulletin for December 2009 notes that legislation in October extended the employment fourth preference “Certain Religious Workers” and employment fifth preference “Investor Pilot Program” green card categories for three years, through September 30, 2012. Other employment-based categories generally have not budged since November’s Bulletin, with the exception of the India… Read More