WASHINGTON —U.S. Citizenship and Immigration Services today announced a regulatory change to provide greater flexibility…
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DHS Changes Rules for Asylum Work Permit Applications
DHS issued a Final Rule on Monday modifying the regulation governing the time frames by which USCIS must adjudicate initial applications for employment authorization (colloquially known as work permits) filed by aliens seeking asylum, and by which aliens can request renewal of such “(c)(8) employment authorization”. The Final Rule removes the 30-day deadline by,
DHS issued a Final Rule on Monday modifying the regulation governing the time frames by which USCIS must adjudicate initial applications for employment authorization (colloquially known as work permits) filed by aliens seeking asylum, and by which aliens can request renewal of such “(c)(8) employment authorization”.
- The Final Rule removes the 30-day deadline by which USCIS was required to adjudicate initial (c)(8) applications. That deadline was created in 1997, when the then-INS received 52,217 affirmative asylum applications. By FY 2017, in contrast, USCIS received 141,638 such applications.
- In FY 2013, USCIS received 41,021 initial applications for (c)(8) employment authorization. By FY 2019, the number of initial receipts had jumped to 216,038.
- Although USCIS does not charge a fee for those initial (c)(8) applications, and despite the massive increase in such applications, in FY 2017 a federal district-court judge issued an injunction requiring USCIS to adjudicate those applications within the 30-day regulatory deadline.
- The elimination of the 30-day deadline will discourage aliens from filing frivolous asylum applications after entering the United States illegally or overstaying their temporary nonimmigrant admissions in the hopes of living and working here indefinitely. It would also relieve USCIS from having to rubber-stamp (c)(8) applications.
- The Final Rule also eliminates a requirement that aliens with (c)(8) authorization file for renewal within 90 days of the date of expiration, in line with earlier regulatory amendments.
- On Friday, DHS will publish a separate Final Rule containing additional regulations relating to the issuance of a (c)(8) employment authorization, that will extend the wait time before an asylum applicant can apply for employment authorization from 150 days to 365 calendar days.
Full Story at: https://cis.org/Arthur/DHS-Changes-Rules-Asylum-Work-Permit-Applications
Source: DHS Changes Rules for Asylum Work Permit Applications
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The Foreign Labor Application Gateway (FLAG) at https://flag.dol.gov/ serves as the Department of Labor’s comprehensive digital portal for employers seeking to hire foreign workers through various employment-based immigration programs. For employers navigating the complex PERM Labor Certification process, FLAG has become an indispensable tool that streamlines compliance with recruitment advertising requirements outlined in 20 CFR,
The Foreign Labor Application Gateway (FLAG) at https://flag.dol.gov/ serves as the Department of Labor’s comprehensive digital portal for employers seeking to hire foreign workers through various employment-based immigration programs. For employers navigating the complex PERM Labor Certification process, FLAG has become an indispensable tool that streamlines compliance with recruitment advertising requirements outlined in 20 CFR 656.17.
When conducting PERM recruitment activities, employers must meticulously document their good faith efforts to recruit U.S. workers before hiring foreign talent. FLAG integrates seamlessly with these requirements by providing a centralized platform to submit, track, and manage labor certification applications. The system specifically supports employers in demonstrating compliance with mandatory recruitment steps, including the placement of job orders with State Workforce Agencies, professional journal advertisements, and additional recruitment activities as specified under 20 CFR 656.17(e). By utilizing FLAG, employers can ensure their recruitment efforts align with Department of Labor standards, potentially reducing the risk of audit or denial during the PERM certification process.
PERM Recruitment Requirements and FLAG Integration
FLAG’s role in the PERM process becomes particularly valuable when addressing the specific recruitment documentation requirements of 20 CFR 656.17. The regulation mandates that employers conduct recruitment steps within 180 days of filing, including two Sunday newspaper advertisements, a 30-day job order with the State Workforce Agency, and three additional recruitment activities from a designated list. FLAG not only facilitates the proper filing of these recruitment efforts but also helps employers maintain the required recruitment report detailing lawful job-related reasons for rejecting U.S. applicants.
Recent updates to FLAG have enhanced its functionality for PERM applications, allowing employers to more efficiently upload supporting documentation, track prevailing wage determinations, and monitor case status in real-time. For immigration attorneys and HR professionals managing PERM cases, FLAG’s user interface provides critical visibility into the certification process, helping ensure that all regulatory requirements are met before and during the application period. As labor certification requirements continue to evolve, FLAG remains the authoritative platform for employers seeking to navigate PERM recruitment compliance successfully.
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The H1B Guy News for the week ending December 3, 2021.
Topics:
H1B in Decline
Documented Dreamers in Limbo
The Number of Immigrant Workers With H1-B Visas Drops the Most in a Decade
https://www.bloomberg.com/news/articl…
Ross, Padilla Lead 49 Colleagues in Urging DHS to Expand DACA Eligibility to Documented Dreamers
https://ross.house.gov/media/press-re…
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What is an EDD Number? An EDD Number is technically the state unemployment insurance identification number that the Employment Development Department of California issues a company. Here’s a visual example from the UI Online FAQ: How do I register for an EDD Number? To register for an EDD Number (in California) use this link: https://www.edd.ca.gov/payroll_taxes/e-Services_for_Business.htm,
What is an EDD Number?
An EDD Number is technically the state unemployment insurance identification number that the Employment Development Department of California issues a company.
Here’s a visual example from the UI Online FAQ:
How do I register for an EDD Number?
To register for an EDD Number (in California) use this link: https://www.edd.ca.gov/payroll_taxes/e-Services_for_Business.htm
The EDD Number form will look like this when you receive it. (see below image)
It’s on a form known as DE-5614. Click here for a PDF sample: https://www.edd.ca.gov/pdf_pub_ctr/de5614.pdf
How do I find my company’s EDD Number?
Per the EDD do as follows:
All Unemployment Insurance customers who file a new claim will automatically receive their Employment Development Department (EDD) Customer Account Number (DE 5614) letter within 10 business days of filing.
If you have lost, misplaced, or never received your EDD Customer Account Number, contact the EDD:
Online: Go to Ask EDD and select the category Unemployment Insurance Benefits, the sub category UI Online, and the topic EDD Customer Account Number. Select Continue at the bottom of the page to begin the process of submitting your message.
By Phone: Call 1-800-300-5616 from 8 a.m. to 8 p.m. (Pacific time), seven days a week.
Why do I need an EDD Number for PERM Recruitment?
What else can I use my EDD Number for?
UI Online
Register for UI Online
CalJobs Registration
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