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Proposed Fees for the Adjudication of Labor Certifications and Prevailing Wage Requests

2017-06-08

Goal is to self-fund the Office of Foreign Labor Certification and encourage companies to employ U.S. workers

All fees obtained for the adjudication of labor certificates and prevailing wage requests will be retained by the Department of Labor (DOL).  To goal is for the Office of Foreign Labor Certification (OFLC) to become self-funded through the fees generated by PERM labor certifications, LCAs for H-1B, H-1B1 and E-3 applications, H-2A and H-2B labor certifications and prevailing wage determinations.  The proposed fee amounts are not known and will most likely be set by regulation.

According to President Trump’s budget proposal, the fees would “ensure that employers proposing to bring in immigrant workers have checked to ensure that American workers cannot meet their needs and that immigrant workers are being compensated appropriately and not disadvantaging American workers.”

The number of H-1B cases filed was down from 236k last year to 199k this year, the first decrease in filing in the past five years. Most IT/Tech consulting firms paid an additional $4,000 fee last year due to the increase in the cost of H-1B petitions from $325 to $460.

We will have to wait and see if these fees become a deterrent on IT/Tech consulting firms and force the move to more off-shore jobs.

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.