Immigration Law

DEPARTMENT OF LABOR: UH, NEVER MIND

By Greg Siskind

Just posted on the DOL web site:

September 17, 2008 The Department has been presented with evidence indicating that prior to its recent audits, many immigration attorneys believed that the Department?s rule regarding consideration of U.S. workers did not apply to them unless they represented not only the employer seeking the labor certification, but also the alien for whom the certification was being sought. That interpretation is incorrect, as the Department?s recently issued PERM program clarifying guidance makes clear. Nevertheless, the Department will apply the requirements of the consideration rule as interpreted by its recent guidance only to labor certification applications the recruitment for which was begun after August 29, 2008, the date on which the Department?s final guidance was issued. All pending audits triggered exclusively by consideration rule concerns are therefore being released and will be processed in accordance with their original filing date.

Full post as published by Greg Siskind's Blog on September 17, 2008 (boomark / email).