Partner Jose Olivieri was featured in Law360’s article “Attys Brace For More Scrutiny Of H-1B Visa Applications” on February 7, 2018.
“Before sending in an H-1B application, the U.S. Department of Labor must approve an LCA, which is required to show that an employer would pay the prospective visa recipient the same wage as others in the company and the broader industry, among other conditions. The department has typically taken about a week to process those applications, but José Olivieri, the co-chair of Michael Best & Friedrich LLP’s immigration law practice, said he anticipates that the department will experience delays in the processing of LCAs, particularly if the government again shuts down.
Moreover, the department may issue additional ‘requests for evidence’ to applicants before approving them. Olivieri said that he has noticed his clients have been getting requests for evidence in cases that the department would have previously waved on without issue, particularly as they relate to an employer’s pledge to pay visa recipients the prevailing industry wage.”
To read the entire Law360 article, click here.