USCIS and CBP Extend Form I-129 Pilot Program for Canadian L-1 Nonimmigrants
U.S. Citizenship and Immigration Services and the U.S.
U.S. Citizenship and Immigration Services and the U.S.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
On Nov. 15, the Public Engagement Division (PED) held a stakeholder teleconference to discuss the USCIS Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens policy memorandum (PM) that was issued on June 28. USCIS representatives provided an overview of the memorandum, shared an update on the continued implementation of the PM, and addressed many questions submitted in advance.
USCIS has published a policy memorandum (PDF, 121 KB) (PM) clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one continuous year out of the three years before the time of petition filing (“one-year
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 and Fashion Models.
How USCIS Determines if an H-1B Petition is Subject to the FY 2013 Cap
WASHINGTON—Today the formal public comment period closes for U.S. Citizenship and Immigration Services’ (USCIS) Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives rule. The proposed rule, published in the Federal Register on April 2, 2012, proposes a new filing process for certain immediate relatives of U.S. Citizens (i.e.
[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Rules and Regulations]
[Pages 33625-33630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13762]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 478
USCIS policy memo provides guidelines on how USCIS processes requests to expedite the adjudication of Forms I-601, Application for Waiver of Grounds of Inadmissibility, filed by individuals outside of the U.S.
To read memo please check attached document.
The OFLC PERM, H-2A, H-2B, Prevailing Wage, and LCA program disclosure data files for Quarter 2 of FY 2012 are now available in the Comma-Separated Value (CSV) file format. Click here to access the disclosure files and corresponding record layouts. Historical OFLC program disclosure files for prior fiscal years are available on our Foreign Labor Certification Data Center website at www.flcdatacenter.com.
Please check the attachment to determine "Recent Employment Preference Cut-Off Dates".
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2013. Yesterday, June 11, 2012, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2013.
In accordance with PERM regulations at 20 CFR §656.17(f)(1) and the preamble (69 FR 77326, 77348 (Dec. 27, 2004)), as with any advertisement, the employer's name must appear on the job order placed with the SWA. SWA procedures that allow for applicants to view the employer name only after applying for the position do not satisfy the requirement that the employer's name be in the job order. If the SWA's job placement process results in the name of the employer not being visible to job seekers, the employer must include its name in the body of the job order so that the employer's name is visible to potential applicants when viewing the job order.
June 11, 2012
In the preamble to the PERM regulations (69 FR 77326, 77331 (Dec. 27, 2004)), the Department of Labor indicated that SWA job order "[r]eferrals will be handled the same way they are handled for other job orders, which may vary from state to state." However, the PERM regulations at 20 CFR §656.10(c)(8) also state that the employer must attest that "[t]he job opportunity has been and is clearly open to any U.S. worker." Therefore, the employer must receive all resumes submitted to the SWA through a posted job order. To ensure that the SWA refers to it all U.S. workers, the employer must indicate to the SWA, pursuant to each SWA's specific process, that it wants to receive all resumes and all types of referrals (e.g., qualified, best qualified, minimally qualified, etc.). This instruction to the SWA ensures that the employer is accepting and reviewing the resumes of all U.S. workers and determining which of the applicants meets the minimum qualifications for the job opportunity, as well as gives all U.S. workers access to such jobs.
June 11, 2012
Under the PERM regulations at 20 CFR §656.17(e)(1)(i)(A) and §656.17(e)(2)(i), the employer's job order for both professional and nonprofessional occupations must be placed with the SWA serving the area of intended employment for a period of 30 days. Moreover, during this 30-day period, the job order must be accessible and visible to the public at large, i.e., the entire pool of job seekers potentially qualified for the position. Therefore, where a SWA has a special exemption of making job orders accessible to only certain groups, such as veterans, the employer must still ensure that the job order is accessible and/or visible to the public for the full required period of 30 days. The employer can accomplish this by instructing the SWA to post the job for the required 30-day time period only after the days during which the SWA holds the job order open only to the select group.
For example: If the job order start date is Monday, May 7, 2012, the end date must be Wednesday, June 6, 2012, to meet the 30-day job order posting requirement. However, if the SWA places a hold on the job order, so that it is only accessible and/or visible to a certain group, from Monday, May 7, 2012, until Wednesday, May 9, 2012, then the employer must ask the SWA to keep the job order open, and accessible and/or visible to the public at large, from Thursday, May 10, 2012 until Saturday, June 9, 2012, to comply with the 30-day requirement.
June 11, 2012
DHS media advisory announce a reciprocal agreement for each nation’s trusted traveler programs at Washington Dulles International Airport.
Please check the attached "Media Advisory for Trusted Traveler Program".
The Office of Foreign Labor Certification has posted five factsheets containing the FY 2012 selected statistics for the
U.S. Citizenship and Immigration Services sent this bulletin at 06/14/2012 11:27 AM EDT
The Bay Area Rapid Transit (BART) system in San Francisco experienced a fire today and, as a result of the disruption to service, some applicants may be unable to get to the San Francisco Field Office for their scheduled interviews. USCIS will automatically reschedule interviews for those affected.
Media Note
Office of the Spokesperson Washington, DC
June 13, 2012
DHS press release announcing that effective immediately, certain young people who were brought to U.S. as young children, do not present a risk to public safety & meet other criteria will be considered for relief from removal or from entering into removal proceedings.
DHS FAQs on the deferred action process for certain young people who were brought to the U.S. as young children, including information on who is eligible to receive deferred action, how the directive will be implemented, eligibility for employment authorization, and more.
Rose Garden
2:09 P.M. EDT
THE PRESIDENT: Good afternoon, everybody. This morning, Secretary Napolitano announced new actions my administration will take to mend our nation’s immigration policy, to make it more fair, more efficient, and more just -- specifically for certain young people sometimes called “Dreamers.”
The Department of State recently posted its July Visa Bulletin indicating that the cut-off date for EB-2 Worldwide, Mexico and the Philippines has regressed to Jan. 1, 2009. The June cut-off date for EB-2 Worldwide, Mexico and the Philippines is "C" for "current." This means that a cut-off date is not specified for these categories through the end of the month.
The Department published today a Notice in the Federal Register announcing an address change for the Chicago National Processing Center (NPC), effective August 2. On and after August 2, 2012, all hard copy filings should be submitted to the new addresses.
For application filings:
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Chicago National Processing Center
11 West Quincy Court
Chicago, IL 60604-2105
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
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.