Using the Global Entry Trusted Traveler Program to expedite their clearance upon arriving in the U.S., more than a million international travelers have already substantially reduced their travel time. Run by U.S. Customs and Border Protection, the program streamlines the screening process at 25 U.S. international airports for pre-approved international travelers using biometric identification. Participants use automated kiosks to present their machine-readable passport or U.S. permanent resident card, use the scanner for fingerprint verification, and make a customs declaration.
The employer may request an hourly wage by entering "Request Hourly Wage" in the Job Duties block (D.a.6) of the ETA Form 9141.
Please note: Due to the nature of some occupations where the norm for the occupation is not the standard 2080 hour work year, the Occupational Employment Statistics (OES) survey does not provide an hourly wage. In such instances, the NPWC will not be able to issue the requested hourly wage, as will be indicated in a note on the prevailing wage determination.
Revised June 21, 2012
AFFILIATED OR RELATED ENTITY
R&D positions directly conduct or support a research effort. Non-R&D positions support administrative functions such as finance and technical facilities support. Employers should provide clear job duties that explain if the position supports R&D or non-R&D.
When the position combines elements from both R&D and non-R&D occupations, the NPWC will select the occupation with the highest wage in the same manner as other combinations of occupations. The PWD will only show the occupation with the highest wage.
There are nine standard occupations with wage data reported into the categories of R&D and non-R&D:
|
Soc Title |
ACWIA Code |
ACWIA Title Non R&D |
ACWIA Code |
ACWIA Title R&D |
17-2141 |
Mechanical Engineers |
17-2143 |
Mechanical Engineers, Non R&D |
17-2144 |
Mechanical Engineers, R&D |
17-2072 |
Electronics Engineers, Except Computer |
17-2075 |
Electronics Engineers, Except Computer, Non R&D |
17-2076 |
Electronics Engineers, Except Computer, R&D |
17-2071 |
Electrical Engineers |
17-2073 |
Electrical Engineers, Non R&D |
17-2074 |
Electrical Engineers, R&D |
17-2061 |
Computer Hardware Engineers |
17-2062 |
Computer Hardware Engineers, Non R&D |
17-2063 |
Computer Hardware Engineers, R&D |
17-2051 |
Civil Engineers |
17-2052 |
Civil Engineers, Non R&D |
17-2053 |
Civil Engineers, R&D |
15-1121 |
Computer Systems Analysts |
15-1052 |
Computer Systems Analysts, Non R&D |
15-1053 |
Computer Systems Analysts, R&D |
15-1133 |
Software Developers, Systems Software |
15-1036 |
Software Developers, Systems Software, Non R&D |
15-1037 |
Software Developers, Systems Software, R&D |
15-1132 |
Software Developers, Applications |
15-1034 |
Software Developers, Applications, Non R&D |
15-1035 |
Software Developers, Applications, R&D |
15-1131 |
Computer Programmers |
15-1022 |
Computer Programmers, Non R&D |
15-1023 |
Computer Programmers, R&D |
June 21, 2012
In the 2000 iteration of the Standard Occupational Classification (SOC) codes used by the Bureau of Labor Statistics in the Occupational Employment Statistics wage surveys, the job opportunity of "Ski Instructors and Snowboard Instructors" was categorized under SOC classification 39-9031, Fitness Trainers and Aerobics Instructors. However, the SOC reclassification that was finalized in 2010 updated this occupation. The new SOC for this position is 25-3021, Self-Enrichment Education Teachers, which now encompasses most sports instructors.
June 21, 2012
In the 2000 iteration of the Standard Occupational Classification (SOC) codes used by the Bureau of Labor Statistics in the Occupational Employment Statistics wage surveys, the job opportunity of "Oyster Shuckers" was categorized under SOC classification 51-9198 - Helpers - Production workers. However, the SOC reclassification that was finalized in 2010 clarifies the occupation to be used by listing Oyster Shucker as a sample title under the revised SOC of 51-3022, Meat, Poultry, and Fish Cutters and Trimmers. The O*Net crosswalk has not been updated to incorporate changes from the 2010 SOC and continues to provide the old code.
June 21, 2012
The NPWC researches entities that may be covered by the wage provisions of ACWIA. When a definitive decision cannot be reached, the NPWC will send a Request for Information (RFI) for documentation demonstrating how the employer meets the definition of an affiliated or related nonprofit entity.
The first element is the non-profit status of the employer. A letter issued from the Internal Revenue Service stating the employer, under the FEIN on the application, has an appropriate non-profit status, will typically be sufficient for this purpose.
The second element is affiliation with the institution of higher education, which may be demonstrated through any of the following:
1) Shared ownership of the nonprofit entity and the institution of higher education either directly or by a parent entity. This includes branch, subsidiary and cooperative relationships.
2) An oversight group (board, committee, et al) with the authority to direct the members of both the nonprofit entity and the institution of higher education.
3) An agreement requiring a position to have decision making authority in both entities. For example, the position of Chief of Radiology at the Hospital will also be the Chair of the Radiology Department at the Medical School.
4) Shared responsibility for conducting the qualifying activity. For example, the Medical School and the Hospital jointly establish the curricula for medical resident and fellowship programs. This includes situations involving several entities, such as a residency program where specific portions take place at separate hospitals and/or medical schools. In such a situation, all of the non-profit entities involved in the residency program would be considered affiliated or related nonprofit entities and covered by the ACWIA wage provisions.
Examples where an institution does not meet ACWIA wage coverage include:
1) Agreements where the institution of higher education is in essence 'renting space' from the requesting entity. Example statement: The Hospital will allow access to its facilities at the reimbursement rate negotiated each year and will remit appropriate charges for medical services provided to the Medical School.
2) Conferring of unpaid faculty status upon a person in the employ of the requesting nonprofit entity by an institution of higher education.
Additionally, the number of cross-designated employees in relation to the total number of employees in the particular program is a relevant factor in establishing affiliation. When a requesting employer has a notable number of employees cross-designated with an institution of higher education, especially when combined with a notable number of participants, then ACWIA wage coverage is indicated. For example, a large hospital employs 80 physicians and 200 nurses. 40 of those physicians and 100 of those nurses participate in the clinical training of 120 medical residents and 200 nursing students from a particular institution of higher education; the ratio is notable and ACWIA wage coverage is appropriate. Conversely, when the numbers of cross-designated employees are low, then coverage may not be indicated. For example, a mid-sized hospital has a single surgeon with part time faculty status at a particular medical school and a single fellow in training. The number of cross-designated employees and the number of participants are so small that ACWIA wage coverage is not appropriate.
June 21, 2012
PERM PREVAILING WAGES
Must I list alternative job requirements on the ETA Form 9141? Is there a section on the ETA Form 9141 where I can list the alternative requirements?
If an employer intends to accept alternative job requirements and to list such requirements on the ETA Form 9089, the employer must list its alternative job requirements on the ETA Form 9141. Specifically, the employer should list its alternative job requirements in either the Special Requirements block (D.b.5) or the Job Duties block (D.a.6) of the ETA Form 9141. This is to reflect a line of BALCA decisions affirming our ability to require the same information on the job opportunity on both forms.
It should be noted, as will be indicated in a note on the prevailing wage determination, that the NPWC will not consider the alternative job requirements when making the wage determination; prevailing wage determinations will be based ONLY on the job requirements listed by the employer in the Minimum Requirements block (D.b) of the ETA Form 9141. Nor does the NPWC make any evaluation of the substantial equivalence of the alternative job requirements to the primary minimum job requirements listed. That evaluation will continue to be made in the adjudication of the Application for Permanent Employment Certification.
Revised June 21, 2012
The employer may request an hourly wage by entering "Request Hourly Wage" in the Job Duties block (D.a.6) of the ETA Form 9141.
Please note: Due to the nature of some occupations where the norm for the occupation is not the standard 2080 hour work year, the Occupational Employment Statistics (OES) survey does not provide an hourly wage. In such instances, the NPWC will not be able to issue the requested hourly wage, as will be indicated in a note on the prevailing wage determination.
Revised June 21, 2012
AFFILIATED OR RELATED ENTITY
R&D positions directly conduct or support a research effort. Non-R&D positions support administrative functions such as finance and technical facilities support. Employers should provide clear job duties that explain if the position supports R&D or non-R&D.
When the position combines elements from both R&D and non-R&D occupations, the NPWC will select the occupation with the highest wage in the same manner as other combinations of occupations. The PWD will only show the occupation with the highest wage.
There are nine standard occupations with wage data reported into the categories of R&D and non-R&D:
|
Soc Title |
ACWIA Code |
ACWIA Title Non R&D |
ACWIA Code |
ACWIA Title R&D |
17-2141 |
Mechanical Engineers |
17-2143 |
Mechanical Engineers, Non R&D |
17-2144 |
Mechanical Engineers, R&D |
17-2072 |
Electronics Engineers, Except Computer |
17-2075 |
Electronics Engineers, Except Computer, Non R&D |
17-2076 |
Electronics Engineers, Except Computer, R&D |
17-2071 |
Electrical Engineers |
17-2073 |
Electrical Engineers, Non R&D |
17-2074 |
Electrical Engineers, R&D |
17-2061 |
Computer Hardware Engineers |
17-2062 |
Computer Hardware Engineers, Non R&D |
17-2063 |
Computer Hardware Engineers, R&D |
17-2051 |
Civil Engineers |
17-2052 |
Civil Engineers, Non R&D |
17-2053 |
Civil Engineers, R&D |
15-1121 |
Computer Systems Analysts |
15-1052 |
Computer Systems Analysts, Non R&D |
15-1053 |
Computer Systems Analysts, R&D |
15-1133 |
Software Developers, Systems Software |
15-1036 |
Software Developers, Systems Software, Non R&D |
15-1037 |
Software Developers, Systems Software, R&D |
15-1132 |
Software Developers, Applications |
15-1034 |
Software Developers, Applications, Non R&D |
15-1035 |
Software Developers, Applications, R&D |
15-1131 |
Computer Programmers |
15-1022 |
Computer Programmers, Non R&D |
15-1023 |
Computer Programmers, R&D |
June 21, 2012
In the 2000 iteration of the Standard Occupational Classification (SOC) codes used by the Bureau of Labor Statistics in the Occupational Employment Statistics wage surveys, the job opportunity of "Ski Instructors and Snowboard Instructors" was categorized under SOC classification 39-9031, Fitness Trainers and Aerobics Instructors. However, the SOC reclassification that was finalized in 2010 updated this occupation. The new SOC for this position is 25-3021, Self-Enrichment Education Teachers, which now encompasses most sports instructors.
June 21, 2012
In the 2000 iteration of the Standard Occupational Classification (SOC) codes used by the Bureau of Labor Statistics in the Occupational Employment Statistics wage surveys, the job opportunity of "Oyster Shuckers" was categorized under SOC classification 51-9198 - Helpers - Production workers. However, the SOC reclassification that was finalized in 2010 clarifies the occupation to be used by listing Oyster Shucker as a sample title under the revised SOC of 51-3022, Meat, Poultry, and Fish Cutters and Trimmers. The O*Net crosswalk has not been updated to incorporate changes from the 2010 SOC and continues to provide the old code.
June 21, 2012
The NPWC researches entities that may be covered by the wage provisions of ACWIA. When a definitive decision cannot be reached, the NPWC will send a Request for Information (RFI) for documentation demonstrating how the employer meets the definition of an affiliated or related nonprofit entity.
The first element is the non-profit status of the employer. A letter issued from the Internal Revenue Service stating the employer, under the FEIN on the application, has an appropriate non-profit status, will typically be sufficient for this purpose.
The second element is affiliation with the institution of higher education, which may be demonstrated through any of the following:
1) Shared ownership of the nonprofit entity and the institution of higher education either directly or by a parent entity. This includes branch, subsidiary and cooperative relationships.
2) An oversight group (board, committee, et al) with the authority to direct the members of both the nonprofit entity and the institution of higher education.
3) An agreement requiring a position to have decision making authority in both entities. For example, the position of Chief of Radiology at the Hospital will also be the Chair of the Radiology Department at the Medical School.
4) Shared responsibility for conducting the qualifying activity. For example, the Medical School and the Hospital jointly establish the curricula for medical resident and fellowship programs. This includes situations involving several entities, such as a residency program where specific portions take place at separate hospitals and/or medical schools. In such a situation, all of the non-profit entities involved in the residency program would be considered affiliated or related nonprofit entities and covered by the ACWIA wage provisions.
Examples where an institution does not meet ACWIA wage coverage include:
1) Agreements where the institution of higher education is in essence 'renting space' from the requesting entity. Example statement: The Hospital will allow access to its facilities at the reimbursement rate negotiated each year and will remit appropriate charges for medical services provided to the Medical School.
2) Conferring of unpaid faculty status upon a person in the employ of the requesting nonprofit entity by an institution of higher education.
Additionally, the number of cross-designated employees in relation to the total number of employees in the particular program is a relevant factor in establishing affiliation. When a requesting employer has a notable number of employees cross-designated with an institution of higher education, especially when combined with a notable number of participants, then ACWIA wage coverage is indicated. For example, a large hospital employs 80 physicians and 200 nurses. 40 of those physicians and 100 of those nurses participate in the clinical training of 120 medical residents and 200 nursing students from a particular institution of higher education; the ratio is notable and ACWIA wage coverage is appropriate. Conversely, when the numbers of cross-designated employees are low, then coverage may not be indicated. For example, a mid-sized hospital has a single surgeon with part time faculty status at a particular medical school and a single fellow in training. The number of cross-designated employees and the number of participants are so small that ACWIA wage coverage is not appropriate.
June 21, 2012
PERM PREVAILING WAGES
Must I list alternative job requirements on the ETA Form 9141? Is there a section on the ETA Form 9141 where I can list the alternative requirements?
If an employer intends to accept alternative job requirements and to list such requirements on the ETA Form 9089, the employer must list its alternative job requirements on the ETA Form 9141. Specifically, the employer should list its alternative job requirements in either the Special Requirements block (D.b.5) or the Job Duties block (D.a.6) of the ETA Form 9141. This is to reflect a line of BALCA decisions affirming our ability to require the same information on the job opportunity on both forms.
It should be noted, as will be indicated in a note on the prevailing wage determination, that the NPWC will not consider the alternative job requirements when making the wage determination; prevailing wage determinations will be based ONLY on the job requirements listed by the employer in the Minimum Requirements block (D.b) of the ETA Form 9141. Nor does the NPWC make any evaluation of the substantial equivalence of the alternative job requirements to the primary minimum job requirements listed. That evaluation will continue to be made in the adjudication of the Application for Permanent Employment Certification.
Revised June 21, 2012
I talked with Rajiv about a possible EB1 application and found him to be exceedingly helpful. I appreciate the fact that he took the time to explain to me what more is needed to be done for my application to have a better chance of going through. Thanks!
Mexico, D.F., June 20, 2012 - U.S. consular operations in Mexico rank number four worldwide in issuance of Investor and Treaty Trader visas. This is a critical program to stimulate foreign direct investment in the United States. To more efficiently process visas for investors and traders, the U.S. Mission in Mexico announces two changes in the procedures for applying for and renewing Treaty Trader (E-1) and Treaty Investor (E-2) visas.
State Department official, best-selling author recognized as ‘Outstanding Americans by Choice’
I had my interview at 1:30 at Fairfax VA. Had printed my family picture at 12:50 on the way to interview it was heavy rain and reached there nick of time. We were called by an African American lady after 5 minutes after giving our oath she asked our ID and then got sign the waiver as our attorney was not with us. she asked question from my I-485 and she was very polite and calm everything was going smooth then she turn to my husband and ask about my date of birth which he forgot for few second and the then told her.
We had our interview yesterday and got appproved. I filed in Mar'12 (5Y - 85d) and my wife filed in Apr'12 (5Y - 60d) and we both had the interview yesterday. They went over all the N400 questions again and civic questions. The IO was looking at my file for 10-15 minutes without any major questions.
I had successful interview at Park Lake Drive, Atlanta, GA. I arrived 15 minutes earlier. The security at gate asked me to show Driver's ID. After that, he asked me to screen the bag through X-Ray Machine. Because I was carrying lot of documents, I put them into my laptop bag (without laptop). He also, asked me to empty pockets, take the Wrist Watch out, Belt and Shoes. This is very similar to airport security. After going though metal detector, I was asked to go to the Reception on First Floor (Walk-in Level) on left hand side.
Most Green Cards are obtained through employment, investment, a family member’s petition, the Diversity Visa program, and a refugee/political asylum application. However, there are other ways to get a Green Card. These Green Cards are limited to individuals meeting particular qualifications and/or applying during certain time frames.
Individuals in the following categories can apply for Green Cards:
Hey guys,
I just got back from my naturalization interview downtown Los Angeles and wanted to share my experience:
I arrived 10 mins before my appointment and was called about an hour later;
A male officer greeted me and took me to his room, did not even close the door.
Asked me to raise my hand and swear to tell the truth, state my age, name and address. Then he asked me to see my driver’s license and green card.
The guidance for issuing B-1 visas in lieu of H is currently under review bur remains in effect until further notice. In order to avoid delays at the port of entry, consular officers are to annotate the B-1 visa with “B in lieu of H, 9 FAM 41.31 N11.”
Media Note
Office of the Spokesperson Washington, DC
June 26, 2012
Assistant Secretary for the Bureau of Population, Refugees, and Migration Anne C. Richard will travel from June 26-29, 2012, to Cleveland, Ohio and Pittsburgh, Pennsylvania to meet with resettled refugees, local and state government officials, resettlement agencies and other community members involved in the resettlement of refugees.
According to DOL updates as of 6/11/2012, they are working on PERM application filed in the following months:
Analyst Reviews: April 2012
Audits: December 2011
Reconsideration Requests to the CO: June 2011
US Department of State, which is responsible for monitoring and controlling the priority date movement, has made the following comments regarding the Fiscal Year 2012-2013 (October 1, 2012 through September 30, 2013):
EB-2 China and India
Legislation to Eliminate Annual Per-Country H-1B Limits Passes One Hurdle
The U.S. State Department is launching a pilot program to pre-screen E-1/E-2 visa applicants at consular posts in Canada. Kentucky Consular Center officials will contact the E-1/E-2 applicant's U.S. employer to verify information about the application, including the legitimacy of the company and the investment. This prescreening aims to assist consular officers to focus on the individual applicant's qualifications. The State Department hopes to implement the pilot around the world at consular posts that process E visa applications.
The U.S. Department of Labor has released PERM statistics for the first eight months of the fiscal year that began last October. Of the 43,100 applications it processed, 27,600 (64%) were certified, 83% were for H-1B and H-1B1 visas, 44% were for IT-related fields, and 55% were for applicants from India. The minimum education requirement was an advanced degree for 51% of those certified, and a bachelor degree for 39%. The Department certified more applications in the last two months than in either of the prior three-month periods.
Israeli investors will soon be able to apply for the E-2 visa, which allows holders to live and work in the U.S. for an extended period of time while overseeing a major investment in the United States. Legislation to allow Israelis to apply for these visas was approved in Congress in May 31 and signed by the President this month. The legislation requires that similarly situated United States nationals must be eligible for similar nonimmigrant status in Israel. Therefore, visa applications will be accepted once Israel confirms that it will issue similar visas to U.S. citizens.
Mr. Khanna's law firm has done a great job helping me, and my company, with many visa and greencard applications.