The Basics of the Labor Condition Application

Posted on August 25, 2010 by Austin Kennedy

In very general terms, the Labor Condition Application ("LCA") is a prerequisite process that must be completed and certified by the Department of Labor prior to the submission of a petition to classify a worker in H-1B, H-1B1 or E-3 status.  For more on the E-3 classification, see here.  

The LCA is basically an attestation by an employer seeing to hire a worker in one of the statuses listed above that four basic conditions of employment have been met:  1) the employer is paying the nonimmigrant at least the higher of the actual wage paid by the employer to others in the same occupation with similar experience and qualifications or the prevailing wage for the occupation in the geographical area of the worksite; 2) that the employment of the nonimmigrant will not adversely affect the working conditions of similarly employed workers; 3) that there is no strike, lockout or work stoppage in the occupation for which the nonimmigrant is being hired; and, 4) that notice of the hiring of the nonimmigrant has been provided.  

Recently, the DOL centralized the LCA process through the iCert web portal.  The relatively new on-line submission process is governed by a "first-in-first-out" rule.  However, processing times have varied. Based on a recent experience, it appears that LCA applications are taking 7 days to process.  

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Fee Increases for H-1B or L-1 Reliant Employers

Posted on August 20, 2010 by Austin Kennedy

President Obama recently signed a new law containing provisions which increase certain H-1B and L-1 petition fees.  The new law adds an additional fee of $2,000.00 for certain H-1B petitions and $2,250.00 for certain L-1A and L-1B petitions postmarked on or after August 14, 2010.  

The additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50% of its employees in the United States in H-1B or L status.  The additional fees apply when the employer is petitioning to initially grant the non-immigrant status to the alien OR to obtain authorization for an alien in H-1B or L status to change employers.  

The new fee is in addition to the base processing fee, the existing Fraud Prevention and Detention Fee, any applicable ACWIA fee and any premium processing fees.  

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A Statistical Overview of Immigration Enforcement Actions in 2009

Posted on August 19, 2010 by Austin Kennedy

The Office of Immigration Statistics recently released its Annual Report presenting information on the apprehension, detention, return and removal of foreign nationals in the United States during 2009.  The report is illuminating and helpful because it uses specific numbers to describe a concept (immigration enforcement) that is all-too-often described with a blur of heated generalities.  The report's key findings demonstrate that the following immigration enforcement activities took place in 2009:

  • Department of Homeland Security (DHS) apprehended 613,000 foreign nationals, 86% of whom were natives of Mexico; 
  • The number of foreign nationals apprehended by Border Patrol decreased by 23% between 2008 and 2009; 
  • ICE detained approximately 383,000 foreign nationals; 
  • 393,000 foreign nationals were removed from the United States--the seventh consecutive record high.  The leading countries of origin of those removed were Mexico (72%), Guatemala (7%), and Honduras (7 percent); 
  • DHS removed 128,000 known criminal aliens (i.e., those who have a criminal conviction) from the United States; and
  • 580,000 foreign nationals were returned to their home countries without a removal order.  

I'm definitely interested to see the details of 2010's Annual Report.  Contrary to what is commonly perceived, in many ways the Obama Administration has really ratcheted up immigration enforcement, though they've commonly used enforcement methods that don't generate the attention-grabbing 'RAID' headlines we saw so much of in 2008-2009.   

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Video Showing Step-by-Step Visa Application Process at Ciudad Juarez Consulate

Posted on August 19, 2010 by Austin Kennedy

It is very common for clients to be quite nervous about attending their visa interview abroad.  In this step-by-step video, the visa application process is demystified a bit, at least as it occurs at the U.S. consulate in Ciudad Juarez, which also happens to be one of the most heavily utilized consulates in the world.  Watching the video may help an applicant visualize the process, and hopefully be calm and confident as they experience the interview process.  Plus, for what it's worth, the video is accompanied by a funky musical backdrop.       

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