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Category Archives: Labor Condition Application

Client Alert: Amended Petitions Required When Relocating H-1B Employees

Maria del Carmen Ramos

Maria del Carmen Ramos

Most business immigration practitioners tell H-1B employers an amended or new H-1B petition, along with a corresponding Labor Condition Application (LCA), is required whenever there is a material change in the terms and conditions of employment. But whether a change in the employment location constitutes a material change requiring an amended petition has been a topic of much discussion. (more…)

Adjudication of H-2B Petitions Temporarily Suspended

Maria del Carmen Ramos

Maria del Carmen Ramos

On March 4, 2015, the Department of Labor (DOL) suffered a major blow as result of a ruling by a federal district court in the Northern District of Florida.  Specifically, in Perez v. Perez, No. 3:14-cv-682 (N.D. Fla. Mar. 4, 2015), the court ruled that DOL lacked the authority under the Immigration and Nationality Act to issue regulations in the H-2B program. (more…)

To Amend, or Not to Amend?

Ramos_Maria

Maria del Carmen Ramos

Under the Immigrant and Nationality Act (“INA”), the hiring of a foreign worker must not adversely affect the wages or working conditions of similarly situated U.S. workers. The INA was also designed to protect foreign workers from being exploited. To make sure that does not happen, the INA requires employers to, among other things, pay foreign workers here on H1-B visas at least the local prevailing wage. (more…)

A Cautionary Tale for H-1B Employers

Maria del Carmen Ramos

Maria del Carmen Ramos

Quite often employers ask, “If it doesn’t work out, can we recover all the money we have spent on the H-1B process from the employee?” The short is answer to this repeatedly asked question is no. Department of Labor (DOL) regulations are clear that the employer must pay the filing fees and may not allow the worker to pay it directly, by deduction from wages or in any other fashion.  DOL regulations say that the H-1B costs and fees are employer business expenses and exclude those fees and costs from the list of “authorized deductions.” (Read more about deductions for an H-1B worker’s pay.) (more…)