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The Department has published a notice in the Federal Register on March 1, 2011 that announces the 2011 Adverse Effect Wage Rates, Allowable Charges for Agricultural Workers' Meals, and Maximum Travel Subsistence Reimbursement for use in the H-2A program. This notice provides (1) the 2011 AEWRs for employers seeking H-2A workers; (2) the allowable maximum amount for 2011 that employers may charge their H-2A workers for providing them with three meals a day; and (3) the maximum travel subsistence reimbursement which a worker with receipts may claim in 2011.

Effective March 7, 2011, new H&L category visa appointments are no longer available at the U.S. Consulate General in Mumbai. H&L visa appointments may be scheduled in New Delhi, Chennai, or Hyderabad through VFS. More information is found here.

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.

—U.S. Citizenship and Immigration Services (USCIS) is seeking comments from the public on the proposed prevailing wage rates received from the Guam Department of Labor for construction workers in Guam employed under the H-2B temporary worker program, and the system the governor of Guam uses to determine the rates.

WASHINGTON—In light of the recent earthquakes and tsunami in Japan, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration benefits available upon request.

USCIS understands that a natural disaster can affect an individual’s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Japan may include:

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced that it will start accepting H-1B petitions subject to the fiscal year (FY) 2012 cap on April 1, 2011. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise. Such workers include scientists, engineers, and computer programmers, among others.

Introduction

The Department has published today in the Federal Register a Notice of Proposed Rulemaking (NPRM) regarding the Temporary Non-agricultural Employment of H-2B Aliens in the United States (H-2B program).  The NPRM proposes to amend the H-2B regulations at 20 CFR Part 655, Subpart A which govern the process by which employers apply for a temporary labor certification from the Department of Labor (Department) to be able to hire foreign workers in H-2B status.  The Department is accepting comments on the proposed rulemaking until May 17, 2011.  To read the full text

USCIS Ombudsman update on H-2B Petition RFEs issued by USCIS that question the ”temporary” nature of the employer’s business need for foreign labor. Topics include a “temporary” employment need, and additional information that may help USCIS adjudicate the petition.

Click here to view CIS Ombudsman update.

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.

USCIS starts accepting H-1B petitions subject to the fiscal year (FY) 2012 cap on April 1, 2011. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant petitions that are subject to the fiscal year (FY) 2012 cap. The agency began accepting these petitions on April 1, 2011.

USCIS is monitoring the number of petitions received that count toward the congressionally mandated annual H-1B cap of 65,000 and the 20,000 U.S. master’s degree or higher cap exemption.

Introduction

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2011 under the Fiscal Year (FY) 2012 H-1B cap.

The Department has published in the Federal Register a notice outlining procedures for notifying the Department that an H-2A worker certified on an Application for Temporary Employment Certification or a worker in corresponding employment has voluntarily abandoned employment, or was terminated for cause.  Read the text of the notice here.

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

The Department has published in the Federal Register a notice announcing an amendment to the Appendix B.1 of the ETA Form 9142, Application for Temporary Employment Certification. The amendment reflects an employer's obligation to pay a prevailing wage determined under the new prevailing wage methodology promulgated by the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program Final Rule, which published in the Federal Register on January 19, 2011, and applies to wages paid for work performed on or after January 1, 2012.