Visa Bulletin - November 2011
Number 38
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
Prevailing Wage Determinations - Update
In light of the Department's recent decision to postpone the effective date of the Wage Rule until November 30, 2011, DOL published this subsequent Federal Register Notice to provide guidance to those employers who received supplemental prevailing wage determination that have now been delayed.
DOL Releases 2010 Annual Report On Foreign Labor Certification
The 2010 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification and Temporary Nonimmigrant Labor Certification for FY 2010. In addition, this report contains valuable information on State Employment-Based Immigration Profiles, Permanent Education Certification Statistics, H-1B Education Certification Statistics and Country Employment-Based Immigration Profiles. To read a copy of the 2010 Annual Report please check the attachment.
USCIS to Mail Receipt and Approval Notices Directly to Applicants and Petitioners
USCIS would like to inform stakeholders that, effective Sept. 12, 2011, we began sending original I-797 receipt and approval notices directly to applicants and petitioners. Copies of the notices are being sent to attorneys or accredited representatives, if a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, is on file.
VisaScreen
Question details
I am Indian citizen, did Nursing accelerated bachelor from accredited university (4yrs course finished in 2 yrs)in USA, RN licensed for NY/NJ/VA compact states ,for H1 and Green card. Do I need visa screen certificate?
"Yes. Although your professional education was completed in the United States, the purpose of the VisaScreen®: Visa Credentials Assessment is to provide a screening program which meets all federal requirements for international health care professionals seeking an occupational visa in the United States, irrespective of where the professional education was completed. However, there is a streamlined process for foreign-born health care professionals educated in the United States." From CGFNS.
H-1 transfer during pending extension
Question details
My H-1 extension with the current employer is applied and is pending. My current H1 expires on 25th. If I apply for a transfer to another employer after 25th Sept., then is it necessary to have approved both extension and transfer in order to work with new employer, because I file transfer after my expiration of current H1?
If, by the time your second H-1 is approved, the first H-1 is not, USCIS can approve the second H-1 only without an I-94.
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
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
Avoiding PERM through EB-2 category
Question details
If one applies through EB2 category can the PERM also be avoided then?
You can avoid the need for PERM through EB-2 only if you are applying for a National Interest Waiver.
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.