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Chris Musillo on Nurse and Allied Health Immigration

DOL ANNOUNCES HEIGHTENED ENFORCEMENT

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by Maria Schneider

Secretary Acosta has determined it is the policy of the DOL to vigorously and actively enforce laws governing visa programs. The DOL actions for enforcement include:

-The DOL Wage and Hour Division will conduct more civil investigations and site visits.

-The DOL Employment and Training Administration will develop and propose changes to the LCA (Labor Condition Application) as well as other forms to better identify violations and fraud. Among other things, the DOL will be looking at how to better monitor LCA filings for violations and prevent fraud with regard to the:


  • exemptions for H-1B dependent employers where the employee has a masterís degree or greater or makes $60,000/year or more;
  • the rate of pay listed on the LCA; and
  • the worksite location(s) listed on the LCA.


-The DOL will actively coordinate with and refer cases to the Inspector General and Attorney General in cases of criminal fraud, which is outside the DOLís jurisdiction.

-There will be additional training of DOL Officers to detect civil and criminal fraud.

- The DOL will continue to work with the US Department of Justice and US Department of Homeland Security to investigate, detect, and prevent fraud in all visa programs.

The DOL Office of the Inspector General has posted some recent cases on its website.


Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.

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  1. ImmigrationLawBlogs's Avatar
    This appears to be more threats and intimidation aimed primarily against skilled legal immigrants and their employers in pursuit of the Trump - Bannnon -Sessions agenda of making America Great Again for white immigrants only, and taking America's immigration system back toward the overtly racially discriminatory quotas which prevailed for 40 years, from 1924 to 1964.

    Along this line, we can probably expect more RFE's than ever before in the Cap Subject H-1B cases that made it past the lottery in April of this year.

    I will discuss an exceptionally egregious RFE which I received in one of my own H-1B cases in a separate comment.

    Roger Algase
    Attorney at Law
    Updated 06-09-2017 at 09:28 AM by ImmigrationLawBlogs
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