DOS Notice on Changes to Procedures for Certain I-129F Petitions
February 19, 2010
DOS issued a notice that effective 2/1/10, when both the I-129F petition for a K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the NVC, the availability as well as the need for a K-3 visa ends.
USCIS Service Centers Processing Time Reports
February 18, 2010
The U.S. Citizenship and Immigration Services (USCIS) issued Processing Time Reports for California, Vermont, Nebraska, Texas and National Benefits Centers. The USCIS generally provides monthly updates to give its customers accurate information about current processing times and service level commitments. We have posted these reports under USCIS Processing Times & Recent Immigration News section on our website in PDF files.
DOL issues Notice on 2010 Adverse Effect Wage Rates, Allowable Charges for Agricultural Workers' Meals, and Maximum Travel Subsistence Reimbursement
February 18, 2010
DOL issued a notice on the 2010 Adverse Effect Wage Rates (AEWRs) and 2010 maximum allowable meal and travel subsistence charges applicable to employers seeking to employ H-2A workers. The Department's regulations at 20 CFR 655.122(g) require the employer to provide each worker with three meals a day (for which it is permitted to charge the workers) or free and convenient cooking and kitchen facilities. The 2010 Final Rule at 20 CFR 655.173 sets the maximum allowable amount that an H-2A agricultural employer may charge its U.S. and foreign workers for providing three meals per day. Accordingly, the maximum allowable charge under 20 CFR 655.173 was adjusted using this percentage change, and the new permissible charge for 2010 will be no more than $10.64 per day. The regulations at 20 CFR 655.122(h) establish that the minimum daily travel subsistence expense, for which a worker is entitled to reimbursement, is equivalent to the employer's daily charge for three meals or, if the employer makes no charge, the amount permitted under 20 CFR 655.173.
USCIS Invitation to Teleconference on H-1B Employer-Employee Relationship
February 16, 2010
USCIS invites national stakeholders to a teleconference on 2/18/10 to discuss to discuss the implementation of the memo issued on 1/8/10 which provides guidance on determining if a valid employer-employee relationship exists. The recently release memo contained drastic changes to current USCIS policy in adjudicating petitions for Employer’s with contracts at third-party clients. Please check back for more information regarding this meeting.
DOL News Release and Fact Sheet on H-2A Final Rule
February 12, 2010
DOL issued a news release and fact sheet on a final rule governing the labor certification process and enforcement mechanisms for the H-2A temporary agricultural worker program, published in the Federal Register. This final rule is the result of the department's review of the policy decisions underlying a previous revision of the H-2A regulations, published in late 2008. The department's review focused on the process for obtaining labor certifications, the method for determining the H-2A Adverse Effect Wage Rate, and the protections afforded to both the temporary foreign workers as well as the domestic agricultural workforce. The final rule includes stronger mechanisms for enforcement of the worker protection provisions required by the H-2A program. One of the most drastic changes prohibits the use of multi-area itineraries by H-2A Labor Contractors, ending the practice of moving H-2A workers from site to site in multiple areas of employment under one labor certification. Labor contractors participating in this program will now have the same regulatory standards as fixed-site farmers. Required surety bond amounts for H-2ALCs have been increased.
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