DOL | Immigration.com

Government Shutdown -- impact on immigration law

13 years ago By Rajiv S. Khanna

If Congress is unable to reach an agreement regarding the budget on Friday, the government will close at midnight on Saturday April 9. From that time forward, only "essential" government workers remain on the job. Here is a breakdown by agency:
CBP: Inspection and law enforcement are considered "essential personnel" though they will probably have fewer officers on duty.

Debarment for not responding to PERM audit

14 years ago By Rajiv S. Khanna

At the October 28, 2010, stakeholder meeting with the U.S. Department of Labor, DOL discussed their increased staffing capability and a corresponding increased scrutiny of cases where the employer fails to respond to an Audit Notification letter or submits an incomplete response to such a letter. Where DOL identifies a substantial failure by the employer to provide required documentation in response to an Audit Notification letter, DOL indicated that we can expect to see more debarment and/or revocation proceedings.

PERM Processing Times (as of 11/01/2024)

2 weeks ago By Chief Editor


Processing Queue	Priority Date
Analyst Review	August 2023
Audit Review	December 2022
Reconsideration Request to the CO	June 2024

Agency

Green Card

PERM - Labor Certification

Immigration Law

Processing Times

Concerns regarding nonpayment of wages and potential H-1B impact

1 month ago By Chief Editor

Question details

I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?

FAQ Transcript

If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:

File a complaint with the U.S. Department of Labor's Wage and Hour Division.
You can file online or by phone (search for "LCA complaint US Department of Labor").
This complaint serves as evidence explaining the lack of pay stubs during future H-1B transfers.
Employers must start paying when you're ready to work or within 30 days (if coming from outside the US) or 60 days (if already in the US), whichever is earlier.
Filing a complaint may help you recover unpaid wages and protect your ability to transfer your H-1B in the future.