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USCIS Releases QAs On H-2A and H-2B -Signature Requirements For Labor Certifications

Introduction

USCIS, in consultation with DOL, prepared the following frequently asked questions and answers.

Questions & Answers

Temporary Labor Certifications

Q1. When does the U.S. Department of Labor (DOL) expect me to sign an electronically filed H-2A and H-2B temporary labor certification (TLC) application?

Agency: 
Nonimmigrant Visas: 

Applying H-4 Visa for Spouse During H-1 Processing

My company is processing my H-1B application. Is there any information regarding dependents that will be accompanying H-1B applicant to US at the of filing petition ? What is the process to apply for dependent visa (H-4) for my spouse?

If you are outside USA, only H-1 is processed here. H-4 is done at the consulate when you go apply for H-1 

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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DOL Notice on H-2A Program: 2013 Allowable Meal Charges and Travel Subsistence

The Department has published in the Federal Register a notice establishing the 2013 allowable meal charges and maximum travel subsistence reimbursement amounts. The 2013 allowable charge for providing three meals a day is set at $11.42 per day, although employers may petition the Chicago National Processing Center for a higher charge if justified by documentation of actual costs. Similarly, the 2013 minimum subsistence charge for meals during travel is set at $11.42 a day.

Agency: 
Nonimmigrant Visas: 

SSN for Non-working Purposes

I am on H-1B visa and my wife just received her H-4B. She is not allowed to get SSN as this is only for people who allowed to work. I need to get her TIN (TAX Identification Number) but not sure where to start as I have been told she needs TIN for Driver licensing and open Bank account.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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The "Immigration Innovation Act of 2013" May Double H-1B Visa Cap


IMMIGRATION INNOVATION (I2) ACT OF 2013

ORRIN HATCH (R-UTAH), AMY KLOBUCHAR (D-MINN.), MARCO RUBIO (R-FLA.), CHRIS COONS (D-DEL.)

Employment-Based Nonimmigrant H-1B Visas

1. Increase H-1B cap from 65,000 to 115,000

2. Establish a market-based H-1B escalator, so that the cap can adjust – up or down – to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move)

Nonimmigrant Visas: 

DHS Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Nonimmigrant Worker Programs

[Federal Register Volume 78, Number 13 (Friday, January 18, 2013)]
[Notices]
[Pages 4154-4155]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00908]

---------------------------------------

DEPARTMENT OF HOMELAND SECURITY

[DHS-2011-0108]
RIN 1601-ZA11

Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Nonimmigrant Worker Programs

Agency: 
Nonimmigrant Visas: 

DOL FAQs on New Electronic Filing System for H-2B & H-2A Programs

The Department has posted the first round of Frequently Asked Questions (FAQs) addressing the implementation of electronic filing in the H-2B and H-2A labor certification programs through the Department's iCERT Visa Portal System. The FAQs are largely based on questions received from participants in the four webinar training sessions conducted by the Office of Foreign Labor Certification, and are published to assist program users in navigating electronic filing in the H-2B and H-2A programs.

Agency: 
Nonimmigrant Visas: 

Prevailing Wage

Rather than requiring that the full survey methodology be submitted with every prevailing wage request, can DOL recognize that certain surveys (i.e., Towers Watson, Radford, CHIPS One) employ a statistically valid methodology, and only require documentation that supports the specific wage request, such as the wage, level, location, and job description for the requested job opportunity?

Methodology can change within a survey among different occupations, so it is necessary for DOL to receive full survey methodology with each prevailing wage request, even for a commonly used alternate wage survey.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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