DOL Posted FAQ to Assist Employers and Others Regarding the H-2B Program
The Department has posted a new Frequently Asked Question (FAQ) to assist employers and others regarding the H-2B program.
Please check attachment.
The Department has posted a new Frequently Asked Question (FAQ) to assist employers and others regarding the H-2B program.
Please check attachment.
As the traditional harvest season approaches, USCIS reminds petitioners that certain fees may not be collected from H-2A and H-2B workers, according to 8 C.F.R. § 214.2(h)(5)(xi)(A) and § 214.2(h)(6)(i)(B). We realize that delays in adjudicating these petitions may affect employers’ ability to place workers in time-sensitive jobs. To avoid delays, USCIS urges petitioners to submit sufficient information regarding their recruitment efforts and the nature of fees collected from H-2A and H-2B workers.
The Department has posted new Frequently Asked Questions (FAQ) to assist employers and others regarding the Prevailing Wages in the H-2B program, specifically the issuance of supplemental prevailing wages in accordance with the June 15, 2011 order of the Eastern District of Pennsylvania.
The Department has posted new Frequently Asked Questions (FAQ) to assist employers and others regarding the H-2A program.
Please check the attachment to view FAQ.
The Department has posted a new Frequently Asked Question (FAQ) to assist employers and others in understanding how the Service Contract Act (SCA) wages are used by the OFLC in issuing H-2B prevailing wage determinations.
I am Canadian citizen & currently working on TN visa. My spouse is on J1 visa. I want to switch to J2 and get EAD. After couple of years he will apply for waiver and will move to H1. I believe I will be switched to H2 automatically as his dependant and my EAD will be void. Will that be possible at that time that I can switch back to my TN status?
You can switch back to TN. To correct slightly, you do not automatically get switched to an H-4 (not H-2).
US Labor Department postpones revising wage calculations for H-2B program. Delay avoids administering the H-2B program under potentially conflicting court orders.
[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Rules and Regulations]
[Pages 60720-60721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25302]
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DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
RIN 1205-AB61
I am a Canadian with J2 visa. I am an engineer and want to work in US to keep up with my career. I am going to apply for EAD. If I don't get, can I switch from J2 to TN. Can my kids still stay on J2?
You can switch back to TN from J-2. What you do has no effect on the children. They derive their status directly from your J-1 spouse.
The Office of Foreign Labor Certification is providing this update to the public on its plans for becoming current on issuing prevailing wage determinations:
PERM: Week of October 23, 2011
H-1B: Week of November 6, 2011
H-2B: Week of December 18, 2011
[Federal Register: July 1, 2010 (Volume 75, Number 126)]
[Notices]
[Page 38145-38146]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy10-111]
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DEPARTMENT OF LABOR
Employment and Training Administration
Announcing the New National Electronic Job Registry for Use in the H-2A Temporary Agricultural Labor Certification Program
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Notice.
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ETA News Release: [07/08/2010]
Contact Name: Lina Garcia
Phone Number: (202) 693-4661
Release Number: 10-971-NAT
Web tool will make it easier for US workers to learn about job opportunities in agriculture
At present, the United States has two main programs for temporarily importing low-skilled workers, sometimes referred to as guest workers. Agricultural guest workers enter through the H-2A visa program, and other guest workers enter through the H-2B visa program. Employers interested in importing workers under either program must first apply to the U.S. Department of Labor for a certification that U.S.
Work Done: Green Card Can People Contact Me As a Reference: by all means. Comments: My family and I got GC under EB2 this Friday last. We had an extremely pleasant experience with this office. I had personally interacted with Rajiv, Suman, Bharathi, Prerna on various occasions. They are prompt in returning e-mails ( turn around time less than 24hrs). In fact when I applied for AC-21 in 2007, I was called for an interview. Rajiv was kind enough to give me his cell phone number with the liberty to contact him if the need arises. Since we finished our labor (under PERM) and all other requirements, We got into EAD/AP mode in 6 months ( Aug 2005) from the start date ( Feb 2005) for the whole process. This office has been filing my EAD and AP since ( about 4 times now). Thanks for all the help. Dr Narayana Bhat Bhat Dental Associates 590 Eagles Landing Pkwy Stockbridge, GA 30281 678-289-2122
I'm on a J-1 visa right now, but I leave the US in 16 days. I have a job offer to come back and work here, can I apply for the H2-B visa before I leave the US? So that I could come back right away? Or don't even needing to get off the the country?
Assuming you have no home residency requirement, you can start the H-2B process even while you are here in USA.
[Federal Register: March 23, 2010 (Volume 75, Number 55)]
[Notices]
[Page 13784]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr10-99]
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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.
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.
For more information about the H-2B program, see the link to the left under "H-2B Non-Agricultural Workers."
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.
I am a pharmacy graduate from India and a Canadian national. I passed my FPGEE Examination and hold a Intern Pharmacist License from Michigan Board of Pharmacy. I have been twice denied TN Visa saying I don't have Pharmacist License from US or Canada. I have been advised by the officer to apply for H1B visa. Recently, I read on State Department Website that License is not a prerequisite for YN visa. But my TN visa request was refused.
NAFTA clearly implies that you do not need a license (if you work under a licensed pharmacist).
Pharmacist—baccalaureate degree, licenciatura degree, or state/provincial license.
Due to the time-sensitive nature of agricultural work, U.S. Citizenship and Immigration Services (USCIS) expedites all H-2A “temporary or seasonal agricultural worker” petitions. However, some recent H-2A petitions have experienced unexpected delays due to Requests for Evidence (RFEs) resulting from the use of the Validation Instrument for Business Enterprises (VIBE).
DOL releases Training and Employment Guidance Letter (TEGL) on various topics, please check attachments for detail information.
The Department has posted the second round of Frequently Asked Questions (FAQs) interpreting the 2010 Final Rule which became effective on March 15, 2010. The FAQs address questions posed by the regulated community and cover a range of topics including: pre and post-filing requirements, job offers, assurances and obligations, time frames, recruitment, etc. To view the Round 2 H-2A FAQs, please check attachment.
I had an accident and am on disability while my green card adjustment of status application ( form I-485 ) has been pending for over 4 years. My I-140 had been approved about 5 years back but my case has been caught up in the visa backlogs at USCIS and Department of State. I wanted to know if there was any provision for help in the immigration laws, in case I am sent for long term disability or my employment is terminated before I receive my green card. I learnt that employment and disability are subjects to be discussed with a benefits or employment attorney. The only immigration benefits are via AC 21 or via a private bill. Also, that one should not loose the advance parole anytime while the AOS is pending. I want to thank Mr. Rajiv Khanna for his generosity with time and expert guidance. Over the phone I found him to have a very pleasant personality. he had me feel comfortable and didnt seem money minded at all.