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Prevailing Wage Determinations - Update
The Office of Foreign Labor Certification is providing this update to the public on its plans for becoming current on issuing prevailing wage determinations:
PERM: Week of October 23, 2011
H-1B: Week of November 6, 2011
H-2B: Week of December 18, 2011
USCIS Updates for the Fiscal Year 2025 H-1B Cap Registration Process
U.S. Citizenship and Immigration Services announced on April 1, 2024, that USCIS received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption, also known as the master’s cap.
Guestbook Entry for Venkata Thadiboyina, United States
DOL Issues Round Five FAQ for H-2A Final Rule
To assist H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has posted a fifth round of Frequently Asked Questions (FAQs) providing clarifications on several H-2A issues raised recently, including the transportation requirement.
These FAQs are Click here.
DOL Revised Employer's H-2A Handbook
To continue to assist H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has revised its Employer Guide for Participating in the H-2A Temporary Agricultural Program. This guide summarizes and explains key regulatory requirements for a U.S. employer to participate in the H-2A Program, including what documents to file, important timeframes and deadlines, helpful filing tips, and how to contact the OFLC Chicago National Processing Center for further assistance.
Guestbook Entry for Poolsingh, United States
DOL Publishes 2010 H-2A Final Rule FAQs Round Six
To assist H-2A employers in preparing their agricultural job offers and applications, the Department of Labor has posted a sixth round of Frequently Asked Questions (FAQs) providing clarifications on several H-2A issues raised recently.
Please check attachment to read round Six FAQs.
DOL Publishes Notice On Changes To Labor Certification Process For H-2B Workers
[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Notices]
[Pages 12883-12884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5159]
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DEPARTMENT OF LABOR
Employment and Training Administration
Wage and Hour Division
Announcement of Public Briefings on the Changes to the Labor
Certification Process for the Temporary Non-Agricultural Employment of
DOL Announces H-2A Ombudsman Program
The OFLC announced the establishment of an H-2A Ombudsman Program. The H-2A Ombudsman Program is here to facilitate the fair and equitable resolution of concerns that arise within the H-2A filing community, by conducting independent and impartial inquiries into issues related to the administration of the H-2A program.
For more information on the H-2A Ombudsman Program click here.
Options when H-1B project is canceled
Scenario: Currently working for company A. Company B has filed H1B petition and gotten approval for Oct 1st start date. Unfortunately, Project with company B goes away before Oct 1 and company B doesn't revoke my visa before Oct 1st.
1) Since I will automatically move to H1B on Oct 1st and I don't have that project anymore, can I continue to work for my current employer using the new H1B visa? (What options I have if I want to use the new H1B visa and work for the same employer?)
2) In the same case, will company A be notified about my new H1B visa on Oct 1st?
3) Will company A have to rehire me for H-1B transfer? or can I continue to work with them while the transfer is pending?
4) How would it work if I find a new project through a new company C? Would they need to file for H-1B transfer as well ?
5) What info can USCIS ask for H-1B transfer in that case? What sort of RFEs may come up?
You can't work for your current employer (Company A) on the new H-1B. File an H-1B transfer to Company A. USCIS won't notify them. Consider a lawyer consultation to possibly keep working at A while the transfer is pending.
Procedure to recapture H-1B/L-1 time outside the U.S.
During the last three years on H-1B, I have spent approximately one year outside of the US (multiple visits to India). What is the procedure to recapture that time and add it back to my H-1B total time?
You can recapture your H-1B time (one year) by requesting it during your next extension application. There's no deadline, and you might even recapture a full year if you exceed six months out. Documentation like passport stamps is needed.
DOL Publishes Notice And Clarification On Meal Reimbursement For H-2A Workers
[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Notices]
[Pages 13635-13636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5602]
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DEPARTMENT OF LABOR
Employment and Training Administration
Labor Certification Process for the Temporary Employment of
Aliens in Agriculture in the United States: 2012 Allowable Charges for
Guestbook Entry for Atul Kumar, United States
USCIS Updated Questions &Answers on the H-1B Employer-Employee Relationship
Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions
Introduction
DOL's Office of Foreign Labor Certification Website Updates
The Office of Foreign Labor Certification (OFLC) has established a process by which members of the public may subscribe to receive e-mail alerts whenever the Department posts an announcement updating some aspect of the OFLC website, e.g., program updates, outreach announcements, new Frequently Asked Questions (FAQs), disclosure data, etc.
Please check the attachment to read the instructions on how to subscribe to OFLC e-mail alerts.
USCIS Grants Temporary Extension of Accommodation for Sheepherders in H-2A Status
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that it extended an accommodation for H-2A workers in the sheepherding industry to transition to the three-year limitation of stay requirements. USCIS will require H-2A sheepherders who have reached their maximum three-year period of stay to depart the United States by Aug. 16, 2012, and remain outside the country for at least three months before petitioning for H-2A classification again.
USCIS to Accept H-1B Petitions for Fiscal Year 2013 Beginning April 2, 2012
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2013 cap on Monday April 2, 2012. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee. USCIS will not rely upon the date that the petition is postmarked.
USCIS Invitation to Syria TPS Teleconference and FY2012 H1-B Season
U.S. Citizenship and Immigration Services sent this bulletin at 03/27/2012 06:07 PM EDT
Dear Stakeholder,
DOL Issues New FAQ on H-1B, H-1B1 and E-3 Programs
The Department has posted new Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 Programs.
To view FAQ please check the attachment.
H-2A Email Notification Program Expanded
The Chicago National Processing Center has announced that it will be expanding its E-Mail Notification Program to all H-2A stakeholders who elect to participate in the program. In addition, all H-2A employers who elect to participate in the program will no longer receive hard copy notifications of the following actions: Notice of Deficiency, Notice of Acceptance, Denials, Withdrawals, Extensions, and Redeterminations.
NOTE: Certifications and partial certifications will continue to be issued to H-2A stakeholders via electronic transmission and by hard copy.
USCIS Publishes FAQ on F-1 OPT And H-1B Cap-Gap Regulations
Introduction
These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2012 under the Fiscal Year (FY) 2013 H-1B cap.
Questions & Answers
Q1. What is “Cap-Gap”?
USCIS Grants Temporary Extension of Accommodation for Sheepherders in H-2A Status
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that it extended an accommodation for H-2A workers in the sheepherding industry to transition to the three-year limitation of stay requirements. USCIS will require H-2A sheepherders who have reached their maximum three-year period of stay to depart the United States by Aug. 16, 2012. These sheepherders must then remain outside the country for at least three months before petitioning for H-2A classification again.
H-1B Filing twice the numbers last year so far
USCIS has indicated that 22,323 cap-subject H-1B petitions had been received as of April 4, 2012.
Approximately one quarter (1/4) of these cases are for advanced degrees. According to USCIS, the number of filings received is almost double the number of filings received by USCIS during the same time last year. It would appear that H-1B numbers are likely to get exhausted a lot earlier than last year. Therefore, it is advisable to submit any quota subject cases as soon as possible to ensure timely filings before the quota is reached.
Nonimmigrant Visas
USCIS Continues to Accept FY 2013 H-1B Petitions
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced it continues to accept H-1B nonimmigrant petitions that are subject to the fiscal year (FY) 2013 cap. The agency began accepting these petitions on April 2, 2012.
USCIS has received approximately 17,400 H-1B petitions counting toward the 65,000 cap, and approximately 8,200 petitions toward the 20,000 cap exemption for individuals with advanced degrees.