H-1B Work Visa
 

Wage & Labor Condition Application related issues

US companies and foreign organizations undertaking projects in the US deploy professional and technical staff has the obligation of adhering to the federal regulations and the laws of Department of Labor (DOL), INS etc.

  • The employer must submit to the DOL a Labor Condition Application (LCA) in Form ETA 9035 that he would fulfill the conditions prescribed therein.
  • The US government discourages import of foreign employees if workers are available in US for a specific job. Hence, an important obligation of an employer is to convince the DOL that he has made sincere efforts to recruit US workers on prevailing rates. The employer must agree to pay the higher of the 'prevailing wage' fixed by the DOL or the 'actual wage' fixed by him.
  • The employer must ensure proper working conditions to all the employees, without any discrimination.
  • The DOL must be informed in the event of a strike or a lockout.
  • The employer must provide notice of the LCA to its employees AND also maintain Public access file showing that he is complying with the conditions of LCA.
  • In addition to the above, an H1B dependent employer must attest that he would not displace a US worker for similar position within 90 days before or after filing an H1B petition.
  • Employers have the obligation of paying an employee while on bench, temporary shutdown in their operations like a vacation, etc.
  • For certain visas like TN, O1, etc., considerable time is taken by the INS in processing the applications. The employer must be aware of such constraints and take necessary precautions not to create hardship to the employees.
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Ins Officer Wrote In My Passport My A#...... I:485 Pending F16 245?
Any Ide What This Means?

Obtaining A Social Security Number
A Social Security Number (Ssn) Issued By Social Security Administration, Is A Number Issued To Citizens, Permanent Residents, Temporary (Working) Residents And Foreign Citizens In The United States. It Is Generally Needed For Employment Purposes.

Usaid Announces Business Transformation Results Report
The United States Agency For International Development (Usaid) Released A Report On Its Business Transformation Achievements On August 9, 2004 In Parallel To A Government Wide Release Of Similar Reports By Each Cabinet Department

Can I-485 Be Filed While I-130 Is Pending?
I Came To The Us On A B-2 Visa. Got Married Here And My Wife Filed For I-130. So Far Haven't Even Received The Notice Of Action. I Wanted To Ask If We Could File The I-485 While The I-130 Is Pending? I Know We Should Have Filed Concurrently But Didnt Realize It At The Time. Appreciate The Help!

Uscis Houston Office Remains Closed Due To Hurricane Ike
U.S. Citizenship And Immigration Services (Uscis) Announced Today That Its Houston Office At 126 North Point Will Remain Closed For Business Today And Tomorrow (Sept. 15-16). Additionally, All Three Local Application Support Centers As Well As The Houston Asylum Office (See Locations Below) Will Remain Closed Until Wednesday, Sept. 17.

House Judiciary To Conduct Series Of Immigration Hearings
The House Judiciary Committee Chairman, John Conyers, Jr. (Dmi), And Chairwoman Of The Subcommittee On Immigration, Citizenship, Refugees, Border Security, And International Law, Rep. Zoe Lofgren (Dca), Announced That The Oversight Hearing On The H2b Program Will Be The First In A Series Of Immigration Hearings. The Subcommittee And The Full Committee Will Conduct Several Hearings On This Issue In The Coming Weeks

Uscis Memo On Good Moral Character In Vawabased Selfpetitions
In An Interoffice Memorandum The U.S. Citizenship And Immigration Services (Uscis) Has Informed The Adjudicators At The Vermont Service Center (Vsc) Of The Change In The Law Concerning Determinations Of Good Moral Character Made In Connection With Vawabased Selfpetitions (Forms I360).

Cgfns New India Pilot Project
Cgfns International And Ahed Global Healthcare, Inc., A Global Continuing Education Provider, Recently Announced The Rollout Of A Pilot Project In India For The Cgfns Assessment Of General Knowledge (Cgfns-Agnk) Examination. The Pilot Rollout In India Focuses On Enhancing The Employability Of Nurses Within India And In Other Non-Us Countries. The Test Does Not Substitute For The State Nursing Council Examination Required For Licensure In India. The Test Will Be Used By Schools Of Nursing And Healthcare Systems In India As A Screening Mechanism For Measuring Fundamental Nursing Knowledge And Predicting Work Success For Pre Or Post-Licensed Nurses.

Dhs Announces 18Month Tps Extension For Honduras And Nicaragua
The Department Of Homeland Security (Dhs) And U.S. Citizenship And Immigration Services (Uscis) Today Announced An 18Month Extension Of Temporary Protected Status (Tps) For Nationals Of Honduras And Nicaragua Until July 5, 2006.

Uscis Revises Form I693, Report Of Medical Examination And Vaccination Record
The U.S. Citizenship And Immigration Services (Uscis) Has Announced That It Has Revised Form I693, Report Of Medical Examination And Vaccination Record. The Revision Was Necessitated By Changes To The Tuberculosis (Tb) Component Of The Centers For Disease Control And Prevention's Technical Instructions For Civil Surgeons. This Revised Form (Edition Date 04/02/08) Must Be Used For Any Medical Examination Completed On Or After May 1, 2008. Previous Editions Of The Form I693 May Not Be Used On Or After That Date.

Uscis Announces Direct Filing Instructions For Forms I129 And I539
U.S. Citizenship And Immigration Services (Uscis) Announced New Direct Filing Instructions For A Variety Of Immigration Forms That Were Transitioned Into The Bispecialization Initiative. Effective April 2, 2007, All Forms I129 And I539 Are To Be Filed Directly With The California Service Center Or The Vermont Service Center, Whichever Is Applicable.

Joint Statement By Dos Senior Coordinator For Iraqi Refugee Issues Ambassador James Foley And Dhs Senior Advisor For Iraqi Refugees Lori Scialabba
The U.S. Departments Of State (Dos) And Homeland Security (Dhs) Are Pleased To Announce That They Have Successfully Achieved The Goal Of Admitting More Than 12,000 Iraqi Refugees To The United States Through The U.S. Refugee Admissions Program During Fiscal Year (Fy) 2008.

A B-2 Filing For I-130/Aos
Hi! I Have Gone Through So Many Websites, With So Many Different Answers To My Question. Is It Legal To Apply For An I-130/I-485 If You Are In The Us On A B-2/B-1 And Married To A Usc, With No Fraudulent Intent? If So, Do I Just File And Let Fate Take Its Course At The Interview? Is There Anybody...

Divorce Before Aos Interview
Hello Everyone, I Came To The Us With A Tourist Visa And Overstayed In The Us *I'm Not Sure If This Is Called Being Out Of Status*. Here I Met My Wife And We Got Married. It Is Almost A Year Since We Got Married And Things Aren't Going Great Anymore And We Both Want To Divorce, I Haven't Received...

Uscis Reminds Employers Of Automatic Extension Of Certain Tps-Based Eads
The U.S. Citizenship And Immigration Services Has Reminded Employers Of The Automatic Extension Of The Validity Of Honduran And Nicaraguan Tpsbased Eads For Six Months, From January 5, 2005 Until July 5, 2005.

Uscis Advises Petitioners Overseas Not To Refile I130
U.S. Citizenship And Immigration Services (Uscis) Advised All Those Who Filed A Petition For Alien Relative, (Form I130) With A U.S. Embassy Or Consulate Since July 2006 That They Do Not Need To Refile The Petition And That The Uscis Is Working With The Department Of State To Process Those Petitions. U.S. Citizens Who Live Abroad May Continue To File New Petitions With A Nearby Uscis International Office.

Revised Filing Instructions For Petition For Alien Relative
U.S. Citizenship And Immigration Services (Uscis) Is Revising The Filing Instructions For The Petition For Alien Relative (Form I130). Effective Dec. 3, 2007, All Applicants Filing Standalone Form I130s Are Encouraged To File Their Petitions With The Chicago Lockbox Instead Of A Uscis Service Center.

Q & A: Uscis Announces 18-Month Extension Of Temporary Protected Status For Nationals Of Sudan
The Uscis Released The Q & A Regarding The Extension Of The Temporary Protected Status For The Nationals Of Sudan People Having No Nationality Who Last Habitually Resided In Sudan. The Extension Will Last 18 Months, Through May 2, 2010. This Extension Does Not Apply To Citizens Of Sudan Who Entered The United States After Oct. 7, 2004. Certain Nationals Of Sudan Who Have Not Previously Applied For Tps May Be Able To Apply Under The Late Initial Registration Process.

Dhs To Upgrade Homeland Security Information Network
The U.S. Department Of Homeland Security (Dhs) Announced Today That It Is Taking Steps To Enhance Its Homeland Security Information Network (Hsin). Known As Hsin Next Generation (Nextgen), The Enhancement Will Provide A Secure And Trusted National Platform For Sensitive But Unclassified (Sbu) Information Sharing And Collaboration Between Federal, State, Local, Tribal, Territorial, Private Sector, And International Partners.

Cbp Vows A Total Commitment To Professionalism
Cbp Commissioner Robert C. Bonner Today Announced An Initiative To Ensure That The Agency And Its Personnel Practice The Highest Of Standards In Professionalism. The Initiative Will Also Ensure That Cbp Is Serving The American Public With Vigilance And Integrity, While Providing Courteous And Helpful Treatment To Visitors, Immigrants, And Travelers.