Wage Methodology for the Temporary Non-agricultural Employment H–2B

The Department has published in the Federal Register a Final Rule on the Wage Methodology for Temporary Non-agricultural Employment in the H-2B Program. The Final Rule revises the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with a temporary labor certification. The Final Rule is effective for wages paid for all work performed on or after January 1, 2012. 

H-1B Fiscal Year (FY) 2011 Cap Season (as of January 21, 2011)

The H-1B Program

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models.

Annual Update of the HHS Poverty Guidelines

[Federal Register: January 20, 2011 (Volume 76, Number 13)]
[Notices]
[Page 3637-3638]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ja11-76]

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

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

Annual Update of the HHS Poverty Guidelines

AGENCY: Department of Health and Human Services.

ACTION: Notice.

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

Job description for the EB-2

Question details

I've been working for the company that is sponsoring my green card for the past 2.5 years and some of the experiences/skills required in the Job Description were acquired working with this company. Is it valid to include those skills on the Job Description? Should I have acquired those skills before?

It is possible to use the after-acquired skills only if the job in the past and the green card job are more than 50% different.

Perm process during OPT

Question details

I completed my master’s degree last summer and started working with a company from 2 months.
I am in OPT status right now and I wanted to know, if I am eligible to file for Green Card process with my current employer. If yes can I file in EB2? I have 2 years IT experience in India If no, do I have to wait until I get H1b. Is the Green card process dependent on H1B?

This question requires your lawyers to assess the case. Generally speaking nothing stops you from filing a PERM application while on OPT and an Eb2 appears possible.

Green card and overstay

Question details

My dad has a green card and went back home over 2 years ago. He is now trying to come back after being away from the US for 2 years. I was told by some people that if he stayed over a year outside the US they will not let him back in to the US even though he has a Green Card. Can you please tell me if this is true, or can I just get him a ticket and fly him back to the US?

It is highly unlikely that he will be allowed into USA.

Working outside USA

Question details

Is it possible for me to work outside the US (for the same company that I work for now) while on green card? My company has an office in India, and I have to travel to India for family reasons. I was planning to work in India for some time, and then come back in about a year and half and apply for citizenship. I have lived in the US for about 3 years on my green card now.

It is possible. Look into both I-131and N-470 filing through a lawyer.