The DOL Foreign Labor Certification System is proposing to reengineer a wide range of temporary and permanent labor certification programs, primarily for dual goals: One is achievement of "integrity" in the foreign labor certification process, and the other, which is related to the first goal, is to launch an "account" system for the entire foreign labor certification programs, temporary labor certification applications as well as permanent labor certification application per each account (employer).
Additionally, in order to achieve the foregoing goals in the wage determination process, they are also proposing to nationalize the prevailing wage determination function in the National Processing Centers for both temporary labor certification applications as well as PERM application.
There is an ongoing confrontation between the immigration practitioner community and the DOL which is developed by the DOL's decision to audit all the PERM applications filed by a largest immigration law firm in the country and the client's right to legal representation and legal counsel in general are at stake, but the employer community and the foreign worker community should be aware of and prepared for the the government's efforts to initiate and launch a reengineered system ahead with the accompanying wide-ranging impact on the employment-based immigration management on the part of the U.S. Department of Labor.
Behind this reform is the hostile Congressional leaders over the H-1B and Permanent Labor Certification programs which are allegedly vulnerable to the frauds. The immigrant community should look at the ongoing developments from a broader perspective and underlying shakers in the political community.
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