The U.S. Citizenship and Immigration Services (USCIS) have published a memorandum regarding the numerical limitation exemption for temporary workers in H nonimmigrant classifications employed in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam. The memorandum provides guidance for processing and adjudicating Form I-129, Petition for Nonimmigrant Worker filed on behalf of H-1B “Specialty Occupation” and H-2B “temporary nonagricultural” workers under the  Consolidated Natural Resources Act of 2008 (CNRA).

For complete information, please click: USICS Memo on the Numerical Limitation Exemption for H Nonmmigrants Employed in the CNMI and Guam

The U.S. Citizenship and Immigration Services (USCIS) published a list of Question and Answers regarding the H-1B and H-2B cap exemptions for work performed in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam.  The Q&As cover details of  H-1B and H-2B cap exemptions contemplated under the Consolidated Natural Resources Act of 2008 (CNRA). CNRA provides a special exemption to the statutory numerical limitations for temporary workers in H nonimmigrant classifications mentioned in Section 214(g) of the Immigration and Nationality Act (INA).

For complete information, please click: USCIS Provides Details on H-1B and H-2B Cap Exemptions for Work Performed in the CNMI and Guam

The latest testimony in a lawsuit filed by the Indian H-2B workers against the company, Signal International has brought the Guest Worker Program flaws to the fore. The Signal International hired these foreign workers with the help of U.S. and Indian recruiters, reports The New York Times. The company claims the recruiters misled it – and the workers – about the terms of the work visas that brought them into U.S. The recruiters have allegedly promised the workers that their visas would soon be converted to green cards, allowing them to stay permanently in U.S. Learning later that they have been trafficked and victimized, hundreds of Indian workers have brought a civil rights lawsuit against the company, claiming they were victims of human trafficking and labor abuse.

Thus, the Signal case has come to represent some of the flaws and pitfalls, for immigrants and employers, in the H-2B temporary guest worker program, compelling law makers to think whether or not to consider the expansion of guest worker programs.

For complete information, please click: Suit Points to Guest Worker Program Flaws

The U.S. Department of Homeland Security (DHS) has published a notice in the Federal Register announcing that the DHS Secretary, in consultation with Department of State (DOS) Secretary has identified 39 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year. Renewed every year, this notice will allow U.S. Citizenship and Immigration Services (USCIS) to approve petitions for H-2A and H-2B nonimmigrant status for nationals of countries listed therein.

For full details, please click: Nationals of 39 Countries can Participate in H-2A and H-2B Visa Programs

The H-2B Program Reform Act of 2009 (Draft) has been introduced in the House of Representatives by Rep. Ms. Zoe LofGren of California. The Act proposes to amend Section 212(o) of the Immigration and Nationality Act. It contemplates a mandatory registration of H-2B employers with the Department of Labor (DOL) and proposes labor certification for alien workers before their H-2B petitions are approved by the U.S. Citizenship and Immigration Services (USCIS) along with the other provisions.

For full text, please click: H-2B Program Reform Act of 2009 Introduced in the House

According to the latest H-1B update issued by the U.S. Citizenship and Immigration Services (USCIS), approximately 61,100 H-1B cap-subject petitions had been filed as of December 04, 2009. USCIS has approved sufficient number of advanced degree petitions to meet the exemption limit of 20,000 this year. However, USCIS will continue to accept both cap-subject and advanced degree petitions until a sufficient number of H-1B petitions are received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

For full news, please click: H-1B 2010 at 61,100 on December 04, 2009

The U.S. Department of Labor’s (DOL) Employment and Training Administration (ETA) has published an Advance Copy of Notice in the federal register, stating that in accordance with its labor certification regulations, beginning on January 1, 2010, the Office of Foreign Labor Certification (OFLC), National Prevailing Wage and Helpdesk Center (NPWHC), will receive and process, Prevailing Wage Determination (PWD) requests, for use in, H-1B, H-1B1(Chile/Singapore), H-1C, H-2B, E-3(Australia), and permanent labor certification programs. In addition, The DOL is providing guidance about issuance of PWDs for applications in commonwealth of the Northern Mariana Islands (CNMI). The notice is effective November 28, 2009 for PWD requests for job opportunities in the Mariana Islands and January 1, 2010 for all other PWD requests.

For complete information please click: Advance Copy of DOL Notice: Prevailing Wage Determinations for Use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and Permanent Labor Certification Programs; Prevailing Wage Determinations for Use in the Commonwealth of the Northern Mariana Islands

United States Citizenship and Immigration Services (USCIS) have issued a clarification regarding H-2B petitions filed by certain associations on behalf of their members. The purpose of this clarification is to inform public about filing requirements so that unnecessary denials of individual petitions that may be otherwise approvable can be avoided.  USCIS advises that association member-employers must file a petition for H-2B classification directly and separately (listing themselves as the petitioner) with USCIS, rather than through a “master” petition filed by an association (listing the association as the petitioner) on behalf of several of its members. Petitions filed by associations that fail to meet the petitioner requirement for H-2B classification will be denied.

For detailed information, please read: USCIS Issues Clarification Regarding H-2B Petitions

Discussing travel and visa expenses of H-2B workers under the Foreign Labor Standards Act (FLSA), the Department of Labor Deputy Administrator, John McKeon issued a Field Assistance Bulletin to Regional Administrators and District Directors. This Bulletin is published in light of the Wage and Hour Department’s (WHD’s) new enforcement authority with regard to H-2B workers, while addressing the interaction of the H-2B program and FLSA. The WHD has concluded that under the FLSA, the transportation expenses and visa fees of H-2B employees are primarily for the benefit of the employer and clarifies that the employers should pay them. The Bulletin states that (WHD) has now completed its review of the issue in the context of the H-2B visa program and concluded that their longstanding interpretation is correct. It agrees with their 2008 preamble that both employer and the temporary nonimmigrant workers derive some benefit from these costs and the resulting employment relationship.

For complete information, please click DOL Field Memo on Travel and Visa Expenses of H-2B Workers

U.S. Citizenship and Immigration Services (USCIS) have resumed accepting applications for the fiscal year 2009 H-2B foreign temporary worker visa after receiving far fewer petitions from US employers. The purpose of reopening the filing period is to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers. USCIS on Jan 7, 2009, announced that it has accepted and approved a sufficient number of H-2B petitions to reach annual cap of 66,000. However, the Department of State (DOS) received less than expected requests for H-2B visas and as a result, has issued only 40, 640 H-2B visas for FY 2009 to date. USCIS will make visa numbers available to petitions in the order in which the petitions are filed. Considering the receiving, evaluation and adjudication of H-2B petitions (Form I-129) on or before the FY 2009 deadline of Sept. 30, 2009, USCIS is refraining from guaranteeing approval of any H-2B petition before the deadline.  Employers therefore are encouraged to file as soon as possible and to request expedited adjudication through premium processing by filing a Form I-907 and submitting the $1000 premium processing fee.

For detailed information, please read USCIS Reopens FY 2009 H-2B Visa Programme