DOL : Two More Immigration Regulations Pending at OMB Posted Apr 30, 2004 The U.S. Department of Labor (DOL) submitted two additional immigration regulations to the Office of Management and Budget (OMB) on April 19, 2004. One of the additional regulations pertains to labor certification backlog reduction. The other relates to the H1B program attestation requirements. As many MurthyDotCom and MurthyBulletin readers may know, the PERM regulation was submitted to the OMB on February 23, 2004, and we are still awaiting the OMB's decision before it can be published in the Federal Register. Publication in the Federal Register is necessary before regulations can become effective. Labor Certification Backlog Reduction The first regulation is an interim final rule. This means that, if the OMB approves it for publication in the Federal Register, the DOL will request comments, but it will go into effect within a specified timeframe without waiting for review of the comments and any related revisions. The interim final rule is a backlog reduction plan for permanent labor certifications. Many states and regions are still processing labor certification cases from 2001. We are hopeful that this plan will address those backlogs to improve processing times for all such cases. Because we are unable to review the interim final rule until the OMB approves it and the DOL publishes it in the Federal Register, it is not clear whether and how this regulation will interact with the still-pending PERM program. H1B Attestations The second regulation is a proposed rule. This means that the first time it is published in the Federal Register, there will be a request for comments and the rule will not go into effect without certain additional actions. This will include a resubmission to the OMB at a later date for additional review before a final or interim rule can be published. This proposed rule is for those using the H1B program for specialty occupations and fashion models. It is described as addressing H1B attestation requirements. Attestation requirements changed when the H1B cap adjustments sunset on September 30, 2003. We will continue to monitor these regulations and report their potential effects on MurthyDotCom and MurthyBulletin readers. © The Law Office of Sheela Murthy, P.C.
	Disclaimer : The information provided at this site is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Sheela Murthy or establish an attorney-client relationship. Copyright : Documents from this site may be printed as long as the copyright notices are included on the print-outs and the documents are not modified or altered.