DOL Nullifies Use of Employer-Provided Wage Surveys in H-2B Program

By | Immigration Blog | December 11, 2014
DOL Nullifies Use of Employer-Provided Wage Surveys in H-2B Program

Calling the Department of Labor regulations authorizing employers to use employer-provided wage surveys for prevailing wage determinations (PWDs) for H-2B workers arbitrary and capricious, and finding that they  violate  of the Administrative Procedure Act, the U.S. court of appeals  in Philadelphia has vacated the DOL regulations at 20 CFR §655.10(f) and the Department’s 2009 H-2B Wage Guidance.

January 2015 Visa Bulletin: Some Good News, but Executive Action Benefits Cannot Come Soon Enough

By | Inside Business Immigration | December 10, 2014

The Department of State’s (DOS) January Visa Bulletin brings some New Years cheer for China and “All Other Countries” designations indicating that that the EB-3 subcategory for professionals and skilled workers will advance by nine months for China, from June 1, 2010 to March 1, 2011, and seven months for “All Other Countries,” from November 1, 2012 to June 1, 2013.

D.C. Federal Court Allows IT Worker Lawsuit Over Optional Practical Training Program

By | Inside Business Immigration | December 10, 2014

A lawsuit brought by a union and several IT workers concerning the legality of the student visa work program known as Optional Practical Training (OPT) was given the go-ahead by federal district court Judge Ellen Segal Huvelle, following her denial of the Department of Homeland Security’s motion to dismiss the claim for lack of standing. Plaintiffs, the Washington Alliance of Technology Workers and three IT workers, allege that OPT is a conduit for low-wage labor and unfair job competition.