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?

Update on Suspension of Adjudication of Most H-2B Petitions Following Court Order

As announced by USCIS on April 2, 2013, USCIS has temporarily suspended adjudication of certain Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers appropriate action in response to the Court order entered March 21, 2013 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa).

What This Means for H-2B Employers

CBP to Rollout New Arrival/Departure-Record Process for Foreign Visitors

Foreign visitors arriving in the U.S.—only via air or sea—who need to prove their legal-visitor status—to employers, schools/universities or government agencies—will be able to access their U.S. Customs and Border Protection arrival/departure record information online when the agency starts its records automation on April 30, 2013.

USCIS Temporarily Suspends Adjudication of Most H-2B Petitions

Effective March 22, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of most Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers appropriate action in response to the Court order entered March 21, 2013 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa).

Applicants for Naturalization to Demonstrate Ability to Read, Write, Speak,and Understand English

Question details

Assuming all other criteria are met, under what circumstances will an application for naturalization be denied where the applicant passed the English test and responded meaningfully to all interview questions, but allegedly does not understand the oath of allegiance? Please provide examples, if possible.

USCIS says that applicants for naturalization are required to demonstrate an ability to read, write, speak,and understand English.  The ability to read and write English is determined byadministering the reading and writing tests to the applicant.  An applicant’s ability to understand and speak English is determined by the applicant’s ability to understand and speak English during the interview.  This includes responding to all questions on the application including unde

Application for Naturalization Denied for Lack of Good Moral Character

Question details

Assuming no other negative factors, under what circumstances will an application for naturalization be denied for lack of good moral character if USCIS determines that an applicant received benefits for which he or she was not entitled? What if the applicant pays back or is paying back the amount owed? Does it matter the extent to which the benefits were received fraudulently (with intent) vs. inadvertently/unknowingly?

USCIS says that these situations are reviewed on a case-by-case basis looking at all of the factors in the case and that intent would certainly be a factor to consider.