DOL Retracts Earlier Position on Multiple Filings
Posted Aug 24, 2005
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In an update released by the U.S. Department of Labor (DOL) on Wednesday, August 24, 2005, DOL confirmed that it will reconsider its earlier position to not allow an employer to have more than one labor certification application in process for a particular foreign national at any given time. Accordingly, this earlier position and responses to Frequently Asked Questions (FAQs) on the DOL website pertaining to this issue have been revised and indicate that they will post new information in the near future. The update is on the DOL website in PDF format.
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This is not necessarily a guarantee that the DOL will allow multiple filings by an employer for the same employee. There is, however, at least a recognition on the part of the DOL that further consideration of the legal and constitutional issues involved in such an important decision is warranted. This is particularly important if there is a change in the job duties or position that would require a second filing by the employer for that same employee.
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We at The Law Office of Sheela Murthy will keep MurthyDotCom and MurthyBulletin readers updated on any further developments when the DOL publishes its revised policy on this important issue.