11.04.13

Effects of Shutdown on Employment Immigration

Posted in Policy at 9:09 pm by Lalita Haran

PERM Labor Certification and LCA for H1b and H2 visa necessitated electronic processing of part of the filing requirements with the department of labor (DOL). This was done at http://www.foreignlaborcert.doleta.gov/ which is its official website.

During the federal government shutdown DOL website was inoperable which reportedly resulted in overcrowding after the end of shutdown and currently remains beyond reach of those who need access to it for timely processing of PERM and H2A and H2B applications.

Fortunately, DOL is willing to ameliorate this problem by allowing delayed filing of applications until a specific date. Delayed submission or non submission of applications is condoned until specified date if delay is caused by shutdown of iCERT. Prevailing wage determination and recruitment efforts that went out dated due to shutdown delay would also be accepted. It is however reported that problems persist at the iCERT. Foreign nationals fear loss of their lawful status due to inability to access the immigration system.

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