ETA is announcing a process change related to the submission of applications for temporary labor certification under the H-2B visa program intended to reduce burdens on employers and streamline the adjudication of temporary need.
The Department of Labor has published a Frequently Asked Question (FAQ) Round 13 related to preparing the required recruitment report for employers seeking labor certification under the PERM Program along with two "best practice" sample recruitment reports. The Round 13 FAQ is posted on the PERM Program Page on the Office of Foreign Labor Certification website at https://www.foreignlaborcert.doleta.gov/faqs_pdf.cfm.
We won this case based on the applicant's critical role in a key U.S. Air Force project. His level of expertise in this specialized field was highly sought after and necessary to achieve the military's objectives. We provided letters from experts in the Air Force stressing their need to keep the applicant on the project or else it would fail.
We won this case by providing evidence of the impact of the work this applicant was conducting in her field. Numerous referees provided detailed recommendation letters outlining the necessity for the continued efforts of this applicant. Her teaching capabilities were noted as being far superior to others in her field. This applicant's unique background was shown to be scarce in the United States.
As of April 21, 2016, petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of stay or change of employer, can submit an inquiry after their petition has been pending for 210 days or more. Petitioners may now submit this inquiry online by selecting “case outside normal processing time.”
We won a case following a Request for Evidence that requested additional proof of the relationship between the entities, verification of employment abroad in a managerial role for one continuous year prior to entering the US, as well as additional details of the proposed managerial position in the U.S. Initially we submitted documentation to establish the relationship between the U.S.
USCIS published the updated M-274, Handbook for Employers: Guidance for Completing Form I-9 (PDF, 5.36 MB). The Handbook for Employers provides employers with detailed guidance for completing Form I-9, Employment Eligibility Verification. This version dated Jan. 22, 2017, replaces the previous version. It reflects revisions to Form I-9, which was revised on Nov. 14, 2016.
The Handbook for Employers:
Employers are not held liable for any erroneous attestations an employee makes in Section 1 of Form I-9, Employment Eligibility Verification. Rather, you must ensure that the employee checks only one box to complete Section 1.
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Please see the attached article, "Proving Existence of a Job for H-1 B" authored by Rajiv and published by American Law Institute- American Bar Association, October 2009 issue of "The Practical Lawyer".