Serotte Reich, LLP – Immigration Law

On April 15, 2009, the Department of Labor (DOL) launched the iCERT Portal system. This created a new electronic system for the submission of Labor Condition Applications (LCAs). The new iCERT system has caused serious problems and delays with LCA processing. Normal LCA processing can now take 5-7 business days. If the DOL cannot verify […]Read More >

On August 19, 2009, the Department of Homeland Security (DHS) proposed to rescind the amendments promulgated on August 15, 2007, and October 28, 2008, relating to procedures that employers may take to acquire a safe harbor from receipt of no-match letters. The U.S. District Court for the Northern District of California had enjoined implementation of […]Read More >

As SRW reported a few months ago, CIS has announced that effective June 29, 2009, it will resume its premium processing service for I-140 petitions. The return to premium processing is a result of CIS clearing most of its I-140 backlog from the summer of 2007. Premium processing is available for EB-1 Extraordinary Ability, EB-1 […]Read More >

Our office has received inquiries about the affect of temporary shut downs and furloughs on H-1B applicants and the requirement to continue to pay their wages. The INA and the Department of Labor (DOL) regulations require that the normal wages must be paid to H-1B workers even if the H-1B worker is not performing work […]Read More >

Our office has received inquiries about this year’s H-1B cap filings and related cap gap provisions for F-1 individuals working on Optional Practical Training (OPT). Under cap gap provisions, an F-1 individual’s status and OPT work permission are automatically extended when an H-1B petition is properly and timely filed requesting change of status from F-1 […]Read More >