DOL Publishes Guidance On Wage Methodology for H-2B Program Following Postponement Of Effective Date

[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Rules and Regulations]
[Pages 60720-60721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25302]

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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

RIN 1205-AB61

DOL Revises PERM FAQ On For College and University Teachers

Is the employer permitted to use an electronic or web-based national professional journal instead of a print journal when conducting recruitment under the Department of Labor (Department) regulations at 20 Code of Federal Regulations (CFR) § 656.18, Optional special recruitment and documentation procedures for college and university teachers?

Yes, an employer may use an electronic or web-based national professional journal to satisfy the regulatory provision at 20 CFR § 656.18(b)(3), which requires use of a national professional journal for advertisements for college or university teachers. The advertisement for the job opportunity for which certification is sought must be posted for at least 30 calendar days on the journal's website. Documentation of the placement of an advertisement in an electronic or web-based national professional journal must include evidence of the start and end dates of the advertisement placement and the text of the advertisement.

Revised September 28, 2011

Family Unification and Green Card

Question details

I want to know how I can come back to US. I came US 2006 like a guest, stayed about 5 years & left US. But my family still there, ex-wife, two daughters older 20 year old & younger 17. When my daughter turns 21 year old can she apply for family reunification, especially for me?

One of the ways could be for your daughter to apply for your green card when she turns 21. The problem is, if you were unlawfully present in USA for more than a year, you may be barred from entering USA for 10 years.

USCIS Seeks Public Comments on Proposed Rule Impacting Certain Pending Immigrant Investor (EB-5) Applications

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) seeks public comments on a proposed rule published in the Federal Register today that would enable USCIS to process certain applications approved between 1995 and 1998 by immigrant investors under the fifth preference employment-based immigrant visa classification, also known as EB-5.

Re-entry with B-1 Visa

Question details

I am a UK resident and currently have a B1 visa with 7 years to run. When I enter the US via LAX they always stamp my passport and issue the I-94 card for 12 months. We always leave before the date given. Question - do we have to go back to the UK (our country of origin) or could we go to Canada for a week and then re-enter the US?

You can go to a third country, but your entry back into USA can be declined if CBP believes you are spending more time in USA than you should. Typically, B visas are for brief visits (may be six months or less in a 12-24 month period).

J-1 extension beyond 5 years

Question details

My J-1 at Cornell Psychology Department expired on Aug 31 2011 after 5 years. Currently I'm spending my grace period. I'm exempt from the 2 years rule. I was wondering if it could be further extended. If not, would it be possible for my department to issue a new DS-2019 (J1) instead? I have only been working here for about a year and have been at a different university before.

Extension is possible only if the program rules permit it. The worst case scenario in extension or new 2019 as I see it can be only that you have to go get a new via stamp.