- On January 20, 2021, the Department of Labor withdrew its Notice concerning which employers of H-1B workers must file Labor Condition Applications, from the Office of the Federal Register prior to its publication. It is now withdrawing the Bulletin and Wage and Hour Division Field Assistance Bulletin (FAB) for the purpose of considering the process for issuing this interpretation as well as reviewing related issues of law, fact, and policy. Accordingly, the requirements of the Bulletin and FAB are no longer in effect. The Department will notify the public of any further actions as appropriate once it completes its review
- Background: On January 15, 2021, the U.S. Department of Labor (Department) issued an Office of Foreign Labor Certification H-1B Program Bulletin and a Wage and Hour Division Field Assistance Bulletin (FAB) revising its interpretation of its regulations concerning which employers of H-1B workers must file Labor Condition Applications. The Department simultaneously submitted a Notice for publication in the Federal Register announcing and requesting public comments on this interpretation.
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January 20, 2021. U.S. Department of Labor Withdraws Program Bulletin Announcing Revised Interpretation and New Guidance under the H-1B Visa Program for Review
Bhavya Chaudhary, Esq
Bhavya Chaudhary is the Founder & Managing Attorney at BCA Law Firm, with more than 20 years of expertise in U.S. immigration law.
She is licensed to practice law in Georgia and Tennessee and provides immigration services in all 50 states. Ms. Chaudhary holds an LL.B. from Delhi University and an LL.M. from Emory University.
She has served as 1st Vice Chair of AILA Georgia-Alabama, is a Raksha Board Member, and is an award-winning immigration attorney, recognized as a 2020 Attorney for Justice by the Tennessee Supreme Court's Access to Justice Commission, which honors attorneys who provide 50 or more hours of pro bono legal service in a year.
Ms. Chaudhary is committed to helping clients navigate complex immigration matters both nationwide and internationally.
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