I previously reported on changes to the H2B visa program. On December 19, 2008, DHS published in the Federal Register a final rule “Changes to Requirements Affecting H-2B Nonimmigrants,” which provides that the Secretary of Homeland Security will publish a list of designated countries whose nationals can be the beneficiaries…
The Labor Department has released its projections for when it will phase in the new versions of the LCA Form ETA 9035 and the PERM Form ETA 9089. The Deptartment of Labor indicates that its implementation timing for the new LCA Form ETA-9035 is: – It will begin receiving the…
The The Administrative Review Board found that the employer in that case failed to report termination of the H-1B employee as required and is liable for back wages. It noted that periods of unproductiveness were not due to unwillingness or unavailability of the employee to work, thus are compensable. Administrator,…
The effective date of the new I-9 form has been delayed for 60 days, until April 3, 2009. It was originally scheduled to take effect on February 2. The comment period on the new form now runs until March 4, 2009. USCIS published an interim final rule, “Documents Acceptable for…
Federal contractors and subcontractors will be required to begin using the U.S. Citizenship and Immigration Services’ EVerify system starting May 21, 2009, to verify their employees’ eligibility to legally work in the United States. The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council amended the Federal Acquisition Regulation…
It is nice to be recognized by the media from time to time. The American Bar Journal is taking an interest in Immigration law, in the February issue they feature our office and the unique H2A practice we operate. H-2As are used by seasonal agricultural workers, who must prove that…
Most employers know that they can submit H-1B petitions on behalf of foreign born professionals six months before October 1st , the first day of the federal fiscal year. First day of filing, April 1st is always very stressful. So following all of the instructions, day before April 1st, we…
We are in the midst of the H1B season filing period. Employers and workers are getting ready to fight for visas and survive the lottery. Here is what Hillary had to say about H1B’s
U.S. Citizenship and Immigration Services (USCIS) has issued a new edition of Form I-9, Employment Eligibility Verification. The new form will take effect on February 2, 2009 and should not be used before that date. Until February 2, employers should continue to use the June 5, 2007 edition of the…
As we anticipated, on January 8, 2009, USCIS updated its H-2B visa count page to announce that the cap has been reached for FY 2009. Thousands of employers in need of seasonal workers will once again need to search for alternatives. The word “Cap” used in this posting refers to…