H Visa News

The Department has published in the Federal Register a Final Rule on the Wage Methodology for Temporary Non-agricultural Employment in the H-2B Program. The Final Rule revises the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with a temporary labor certification. The Final Rule is effective for wages paid for all work performed on or after January 1, 2012. 

On August 13, 2010, President Obama signed into law Public Law 111-230. The new law contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions. To begin public outreach on this legislation, USCIS held a teleconference on August 19, 2010 to share how USCIS will implement it.

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.

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

Prevailing Wage and FIFO (First-in, first-out order) 

All wage requests are being processed in less than 60 days. First-in, first-out order (FIFO) is being used.  Requests for H-1B/PERM are processed in FIFO order as there is only one queue. The goal in the end is to process all wage requests continues to be 60 days.

USCIS Annual Report on Characteristics of Specialty Occupation Workers (H-1B) for Fiscal Year 2009 to Congress. The report includes information on countries of origin and occupations of, education levels attained by, and compensation paid to H-1B beneficiaries.

Please check the attached document.

The elaws Advisors are interactive e-tools that provide easy-to-understand information about a number of federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given.

Both employees and employers can benefit from elaws.

OASP News Release: [05/13/2010]
Contact Name: Lina Garcia
Phone Number: (202) 693-4661
Release Number: 10-0563-NAT

US Labor Department unveils new tool to help employees and small businesses understand foreign worker certification

Online advisor clarifies rights and responsibilities under H-1B visa program

 U.S. Citizenship and Immigration Services (USCIS) announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.

USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.