As background, Schedule A is a set of occupations exempt from a labor certification application during the employment-based permanent residence process. For example, right now, employers who sponsor registered nurses, physical therapists, and certain exceptional ability individuals can file an I-140 petition without first testing the labor market. With labor certification applications taking more than one year, expanding Schedule A will save companies valuable time and resources. This is a rare opportunity to advocate for your company to streamline the process.

To submit a response, please follow these steps:

Go to the Federal eRulemaking Portal at https://www.regulations.gov/commenton/ETA-2023-0006-0052

Type your response, including the docket number ETA–2023–0006 in your comment.

Here are a few recommendations for submitting a comment:

Introduce yourself, your industry, and a description of the products or services your company provides. These are public comments, so if you do not want to include your name, you can submit an anonymous comment and include the role that you have, such as business owner, HR professional, recruiter, etc.

Explain the occupations that are difficult to fill in your organization.

Explain how expanding the Schedule A occupations will help your organization meet those needs.

Note that all comments received will be posted without change. Please do not include any personally identifiable or confidential business information.

For more information, please click this link: https://www.regulations.gov/document/ETA-2023-0006-0052 and contact us if you have any questions.

The post DOL Seeks Employer Feedback for Updating Schedule A to Include STEM Occupations appeared first on Rose Immigration Law Firm, PLC.

• USCIS has published on its website the requirements for expanded DACA and for DAPA — the new policy for parent. Go to: www.uscis.gov/immigrationaction.  Interested applicants are urged to begin gathering documents establishing residence in the U.S.

• There is a proposed regulation to provide work authorization to H-4 spouses. Go to: https://www.federalregister.gov/articles/2014/05/12/2014-10734/employment-authorization-for-certain-h-4-dependent-spouses. This regulation has been “on hold” for many months. But with the push for immigration improvement, all that needs to happen now is for USCIS to publish the final rule. We are watching this closely.

• PERM (Labor Certification) modernization is getting attention as well.  The Department of Labor is soliciting ideas from attorneys and employers on how to improve the labor certification process. DOL also has scheduled a stakeholders listening call to take place in late January, whereby DOL will engage in dialogue with stakeholders and listen to our suggestions for improvement.

• Bill H.R. 213 was introduced by Representative Jason Chaffetz (R-UT) to eliminate the per-country numerical limitation for employment-based immigrants and increase family preference visas. This bill has bipartisan support with Representative Zoe Lofgren and Representative Raul Labrador as original co-sponsors. What a fix to the immigration system this would provide. The immigrant visa backlog, including EB-3 India, would advance significantly.

These are just a few of the recent government actions to improve the immigration system. We will keep you updated. And by the way, we do not expect the pending litigation to be successful!

The post Progress Report: President Obama’s Executive Action Plan appeared first on Rose Immigration Law Firm, PLC.

What we need from you:

Inform us. Our employer clients need to inform us that you have an employee or employees for whom you want to secure first-time H-B status.

Provide documents. We will provide you with a list of documents we need from you, the employer, and a list of documents and a questionnaire for the employee. Before an H-1B petition can be filed with USCIS, a Labor Condition Application (LCA) must be filed with and certified by the U.S. Department of Labor (DOL). DOL normally takes approximately 5-7 business days to certify an LCA; therefore, the minimum lead-time to prepare and file an H-1B petition is about 2 weeks.

Schedule a consultation today. If necessary, schedule a consultation with one of our lawyers if you need to assess the feasibility of H-1B. Does it serve your best interests? Does it serve your employee’s interest? IS H-1b at this time the best strategy? Will the employee be out of status? Can the employee keep working for you during the processing period and the wait period until October 1? What if your petition is not selected for an H-1b? These are the matters we can and should discuss with you in a consultation.

Don’t delay. We predict there will be a shortage of numbers this year, similar to last year. Please initiate the process with us as soon as possible. We stand ready to assist you.

The post It’s That Time of Year Again! appeared first on Rose Immigration Law Firm, PLC.