USDOL had denied a series of cases for many employers represented by various law firms. The ground of denial was that when "engineering" was one of the acceptable majors for an IT job, that created too much ambiguity for a case to be approved. DOL stated that there are fields of engineering, such as Agricultural Engineering, which are clearly inapplicable to IT positions.
This ruling had become a nation wide issue.
Employers have certain responsibilities under immigration law during the hiring process. The employer sanctions provisions, found in section 274A
USCIS released three short video vignettes for employees and employers that demonstrate how to complet
[Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014)]
[Rules and Regulations]
[Pages 8543-8601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03082]
[[Page 8543]]
Vol. 79
Wednesday,
No. 29
February 12, 2014
Part II
Department of the Treasury
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Internal Revenue Service
E-Verify has resumed operations following the federal government shutdown. All E-Verify features and services are now available.
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) enforces the anti-discrimination provision (§ 274B) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b.
The category of Engineers includes several different types of engineers.
We have received a particularly remarkable green card approval a few weeks ago. USCIS alleged fraud and denied the green card where the spouse of a US citizen had entered the US on visa waiver and then applied for Adjustment of Status (AOS) within a few days after entry. We were retained once the green card had been denied. The allegations of fraud or misrepresentation are particularly troublesome because they operate as a PERMANENT bar against immigration. There is a narrowly tailored waiver available, but it can be difficult to obtain.
This quick guide is intended for Employers, Attorneys and Agents and their representatives using the PERM system. To enhance PERM Online System security OFLC has upgraded the Account Management features to be consistent with DOL and Federal Government standards. This guide is a quick overview of the account management changes.
Please click the attached guide to learn more.
On July 1, 2014, U. S. Citizenship and Immigration Services (USCIS) began using a new secure blue ink for many of its secure stamps.
Have you been using E-Verify more than 10 years?
If yes, please download the new “Historic Records Report” before Dec 31, 2014.
Effective January 1, 2015, E-Verify transaction records more than 10 years old will be deleted from the system. You will no longer have access in E-Verify to cases you created prior to December 31, 2004.
Effective December 8, 2014, the Department is no longer issuing prevailing wage determinations in the H-2B program based on employer provided wage surveys. This action is in response to the Court order entered December 5, 2014 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, No. 14-3557 (3rd Cir.). The Court's order vacated the portion of the H-2B wage rule (20 CFR § 655.10(f)) and 2009 Wage Guidance permitting the use of such surveys.
A new member of our community, Blueheron wanted to know -
There was an interesting question in today's community conference call we host every other Thursday. The link to the question is here: http://forums.immigration.com/showth...onference-Call
PERM filing issue
Here is a question from one of our corporate clients:
Let's say hypothetically an employer hires someone for 20 hours a week for clerical office work who is in the U.S. on a student visa.
I am reproducing material from our employers-only (by invitation only) conference call for tomorrow. These matters need to be in place for H-1 new applications, transfers as well as extensions.
We won an Alien of Extraordinary Ability case for the applicant having advanced degrees from the prestigious Indian Institute of Technology, one of the most premier institutes in India. His research work was so highly regarded that he was awarded a two-year post-doctoral fellow at the Institute. This is a very high honor in that only “a select few” are considered for this position. The applicant had numerous books on civil engineering published and utilized by prestigious teaching institutes.
This applicant had over twelve years of research experience. We noted the applicant's international reputation in the fourteen recommendation letters submitted. The applicant was a member of a prestigious professional society membership of which requires noted achievements in the field. We provided evidence of the extensive presentations the applicant made due to his level of expertise in the field.