This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
An H-3 classification applies to an alien who is coming temporarily to the United States:
(1) As a trainee, other than to receive graduate medical education or training, or training provided primarily at or by an academic or vocational institution, or
(2) As a participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that:
Please see the attachment to view the PERM Statistics.
In January 2010 the BLS Standard Occupational Classification (SOC) was updated. This year the BLS Occupational Employment Statistics (OES) began issuing prevailing wages using the new SOC occupations and a few transitional occupations. The OFLC iCERT system and FLC Data Center incorporated this data as of July 5, 2011. To read the full text, please click here.
Please check the attachment to view CRS report on "Temporary Protected Status: Current Immigration Policy and Issues".
The Department has posted a new Frequently Asked Question (FAQ) to assist employers and others regarding the H-2A program. The FAQ is available here on the FAQs page of the OFLC website under the H-2A heading.
The Department has posted a new Frequently Asked Question (FAQ) to assist employers and others regarding the H-2B program.
Please check attachment.
Please see http://www.ice.gov/sevis/UNVA/ for details.
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Please check the attachment.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today an extension of the re-registration period for Haitian nationalswho have already been granted Temporary Protected Status (TPS) and seek to maintain that status for an additional 18 months. Given the impact Hurricane Sandy has had on regions where Haitians reside, the re-registration period is extended through Jan. 29, 2013.
USCIS Asylum Division releases fact Sheet on Federal Regulation protecting confidentiality of asylum applicants.
Please check the attachment to read the fact sheet.
USCIS releases guidance memo on EB-5 cases involving Tenant-Occupancy.
Please check the attached guidance memo for detail information.
Released: Jan. 2, 2013
Contact: DHS Press Office, (202) 282-8010
The Cambodian government has indicated that it intends to begin accepting intercountry adoption petitions on Jan. 1, 2013. Cambodia joined the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Adoption Convention) on Aug. 1, 2007.
On January 2nd, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that certain immediate relatives of U.S. citizens present in the United States without a visa, who are in the process of seeking immigrant visas to become lawful U.S. permanent residents, may apply and be approved for provisional unlawful presence waivers before departing the United States to attend their immigrant visa interviews. USCIS will begin accepting provisional unlawful presence waivers on March 4th, 2013.
Resource designed to enhance consistency and efficiency of immigration adjudications