H-2A 2010 Rule FAQs Round 13
The Office of Foreign Labor Certification (OFLC) has published Round 13 of Frequently Asked Questions (FAQs) related to H-2A Applications for Temporary Employment Certification under the 2010 Rule.
The Office of Foreign Labor Certification (OFLC) has published Round 13 of Frequently Asked Questions (FAQs) related to H-2A Applications for Temporary Employment Certification under the 2010 Rule.
Discussion Topics, Thursday, 19 September, 2019
FAQ: Effect of H-1B approval on H-4 EAD || Travel during H-1B amendment and using old employer's visa stamp || For how many years is the H-1B quota exemption valid? || Can a GC pending EAD holder move locations?|| Should I maintain my H-1B after filing I-485 Adjustment of Status || Nonimmigrant visa for a partner in an unmarried gay couple || Impact of multiple pending H-1B
OTHER: Multiple H-1 and H-4 pending || H-1B holder and F-1 holder getting married|| Consequences of simultaneously two H-1B approvals || Impact on green card if working for two employers || Impact of withdrawing LCA || Cross chargeability spouse not present at I-485 interview || Expediting EAD || Working a US job from Canada remotely || Can an employer refuse to produce tax returns? etc.
On Oct. 1, the U.S. Department of Labor (DOL) implemented its new Foreign Labor Application Gateway (FLAG) system for the H-2A temporary agricultural worker program. Starting Oct. 1, employers who file an H-2A application for a temporary labor certification in FLAG will only receive the certification electronically.
FAQ: What if I never joined the employer who sponsored me for green card; What if I move back to home country while my green card process is still pending; Can I go back and join an employer who has my I-140 approval, but I left them; What if I move back to home country while my green card process is still pending; Filing two quota H-1 petitions simultaneously through different companies; Changing employers after 6 years of H-1 are over; H-4 EAD changing back to H-1; Do jobs have to be same or similar when I port my priority date; FAQ: Is it legal to do business in home country while working in USA on a visa; Consequences of I-140 revocation; Consequences of I-140 revocation.
Other: Extension of H-4 while I-485 is pending; Removing conditional status in a conditional green card through marriage I-751; H-1B issues; What to do/options if H-1 is denied; FAQ: Doing business in the USA on a B-1/B-2 visa.
Discussion Topics, Thursday, 20 April 2017:
FAQ: Trump’s executive order - effect on H-1B visas, I-485 approved while outside the USA - travel on AP or GC, H-1B 60 days grace period explained, Joining an employer after green card approval, H-1B title "Programmers" and USCIS site visits, Getting unemployment payments on H-1B, Travel while H-4 EAD is pending.
Other: Traveling during extension pending and H-1B visa stamping with 2 months left, CSPA issues, H-1B amendment for working from home, Green card through CP issues I-864, etc. H-1B and I-140 revoked, Reentry permit, Changing employers and H-1B visa stamping, H-1B visa stamping issues, Entry-exit process, etc.
Discussion Topics, Thursday, 18 May 2017:
FAQ: Is it legal to work for a foreign based company in the USA? || Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc. || Physicians (FMG) NIW, AC21 portability, teaching to clinical position || Impact of a misdemeanor under Trump EO || Extending H-1/H-4EAD; working while extension pending || Filing green card through multiple categories or employers and/or family simultaneously || Activities permitted under H-4 EAD.
Other: Losing H-4 status when using EAD under I-485 || Can a child enroll in school under G-4 visa? || Acquiring Canadian nationality || Changing H-1 visa after changing employers during 60 days grace period|| H-1B changing employers while transfer or extension is pending || Taking a 6-month break on H-1, H-1 quota || L-1 to F-1 change of status || Adoption under US laws || Getting paid on 1099 || H-1B amendment when company acquired, etc.
Discussion Topics, Thursday, 15 June 2017:
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FAQ: Exemption from H-1 quota, Visa stamped, did not join employer || The best methods for spouse of a green card holder to enter the USA || Effect of revocation of PERM on an already approved H1 extension || Applying for H-4 status while H-1 is pending || How to reset H-1 six years || FAQ: Applying for H-1B visa when there was a status violation ||
Other: Filing Form N-600 || Correcting H-1B visa errors || H-1B visa stamping where client company was acquired || Traveling on advance parole or H-1B visa || Changing place of birth in immigration records || Supplement-J || understanding motions to reopen || Criminal conviction || Changing status to J-1 || Parents status expires while I-485 is pending || Can a green card holder enter the US on a non-immigrant visa? || The new regulations for I-140, etc.
Discussion Topics, May 12, 2022
Release Date
08/19/2021
As of Aug. 13, 2021, USCIS has received enough petitions for returning workers to reach the additional 22,000 H-2B visas made available under the FY 2021 H-2B supplemental visa temporary final rule. USCIS will reject and return any cap-subject petitions for H-2B returning workers received after Aug. 13, together with any accompanying fees.
After the publication of the H-2A Final Rule addressing the Temporary Agricultural Employment of H-2A Aliens in the United States, the Department's Office of Foreign Labor Certification has reopened its H-2A Regulations mailbox for public inquiries. The interested public should direct all general inquiries regarding the H-2A program to the H-2A.Regulations@dol.gov mailbox. However, any case specific inquiries should be directed to the Chicago National Processing Center mailbox at TLC.Chicago@dol.gov
Discussion Topics, Thursday, September 30, 2021:
FAQ: Obtaining student or visitor's visa while a green card is pending || Continuing to use H-1B when I return on Advance Parole || Nuances of changing employers during the green card process || Green card holder working on multiple jobs - Is it legal? || How long can green card holders stay outside the U.S.? || Effect of a career change on naturalization process and timing.
Workers in H-1B and H-2B classifications who are admitted to perform labor and services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam are exempt from the H-1B cap and H-2B cap from November 28, 2009 to December 31, 2014. The Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229, provides a special exemption to the statutory numerical limitations (or “caps”) for temporary workers in H nonimmigrant classifications mentioned in Section 214(g) of the Immigration and Nationality Act (INA).
USCIS issues memo to provided guidance on the processing and adjudicating of Form I-129 filed on behalf of H-1B "specialty occupation" and H-2B "temporary nonagricultural" workers.
USCIS issues memo to provided guidance on the processing and adjudicating of Form I-129 filed on behalf of H-1B "specialty occupation" and H-2B "temporary nonagricultural" workers.
Temporary Agricultural Employment of H-2A Aliens in the United States. The Department has published in the Federal Register a Final Rule amending the regulations governing the labor certification process for the temporary agricultural employment of H-2A aliens in the United States, codified at 20 CFR part 655, and enforcement of employer obligations under the H-2A program, codified at 29 CFR Part 501. The new regulations will go into effect on March 15, 2010.
[Federal Register: February 18, 2010 (Volume 75, Number 32)]
[Notices]
[Page 7293-7294]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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DEPARTMENT OF LABOR
Employment and Training Administration
The Office of Foreign Labor Certification and the Wage and Hour Division have conducted 3 public briefings to advise stakeholders of the contents of the new H-2A Final Rule, which will be effective March 15, 2010. For the materials used in the briefings, click here.
Discussion Topics, Aug 18, 2022
FAQs: Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1 || I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485? || Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest
Release Date: October 12, 2022
Increase Will Help Address the Need for Seasonal Workers and Reduce Irregular Migration
FAQ: What happens to H-1B after Green Card approval? || OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4 || PERM issues for a green card for remote jobs - headquarters || Can an H-1B visa holder rent via Airbnb? Is this a violation of status? || How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification? || Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa? ||
[Federal Register: March 23, 2010 (Volume 75, Number 55)]
[Notices]
[Page 13784]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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DEPARTMENT OF LABOR
Employment and Training Administration
Announcement of Public Webinar on the Changes to the Labor Certification Process for the Temporary Agricultural Employment of H-2A Aliens in the United States
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Notice of webinar.
The Department has posted the first round of Frequently Asked Questions (FAQs) addressing the H-2A program under the new regulations, which took effect March 15, 2010. To see the FAQs check the attachment.
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