Author: Bradley Maged

New regulations published by the DOL will require that employers pay costs associated with the filing of a Labor Certification Application.  This includes all legal fees related to the employer portion of the PERM process as well as all recruitment and other costs.

This is one of many provisions in the new regulations that will hurt smaller employers and non-profit organizations that need foreign workers.  This will put an additional financial burden on employers that may already be hesitant to sponsor an alien due to the myriad of existing attestations and responsibilities.  The DOL’s view is that if employers really want to hire these people, they should have to pay all expenses associated with the process.

According to the American Immigration Lawyers Association, Immigration Restrictionists (the loud, vocal minority) are outnumbering immigrant supporters by 10 to 1. PLEASE call your Senators to support Comprehensive Immigration Reform that is good for America and treats everyone with the dignity and respect they deserve. For information on specific amendments and contact information for all US Senators, please go to www.aila.org.

New regulations will require that I-140 Petitions for Nonimmigrant Workers must be filed within 180 days after an Application for Alien Employment Certification has been certified.  This rule will be effective as of July 16, 2007. (20 CFR Part 656).

Two amendments to the Grand Bargain were introduced in the Senate today. Both are democratic amendments and both take aim at the Guest Worker Program (Y Visa). The first would remove the Guest Worker provisions from the bill completely and the second would cut the number in half. Republicans generally favor the Guest Worker provisions as they provide a pool of cheap foreign workers to US corporations. Democrats in large oppose the Guest Worker provisions on the grounds that they take jobs from American workers, lower Americans’ wages, and are unfair to the foreign workers who must leave the US upon the expiration of the visas.

The amendment to eliminate the Y visa  was defeated by a vote of 31-64. However, other amendments seeking to curtail the program are likely to follow, beginning with a possible amendment from Senator Bingaman (D-NM) as early as tomorrow morning, cutting the number of Y visas from 400,000 down to 200,000 annually.