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Summary of a teleconference for H-2A petitioners on prohibited fees

USCIS released the summary of a teleconference for H-2A petitioners on prohibited fees. The summary includes information about H-2A regulations on prohibited fees, how USCIS determines whether the fees are conditions of employment, and RFEs.

H-2A visas

H-2A Job registry

H-2A temporary visa holders 

Agricultural employment visa H-2A

DOL changes wage guidelines for H-2A agricultural visas.

The Department of Labor finalized changes to the H-2A agricultural visa program on Friday to replace prevailing wage guidelines and permit businesses to stagger the entry of workers into the U.S. The final rule’s changes include requirements that employers electronically file key documents to apply for the H-2A program and provisions allowing small businesses that offer part-time work to jointly file a single H-2A application and employ the same workers full-time. The rule also allows government officials to inspect employer-provided housing, which is mandatory under the program, for up to 24 months and order improved living conditions. The rule will go into effect 30 days after it is published in the Federal Register.

https://cbocalbos.wordpress.com/tag/business-visas/

https://cbocalbos.wordpress.com/tag/diversity-visas/

https://californiaimmigration.us/president-obamas-immigration-reform-requirements-extends-visa-processing-employment-based-visas/

https://cbocalbos.wordpress.com/tag/b1b2-visas/

DHS and DOL pull immigration rules after Biden orders freeze.

the Biden administration delayed asylum restrictions and walked back rules revising aspects of the H-2A and H-1B programs, following a freeze on new regulations. On Wednesday, the Office of Foreign Labor Certification said it had pulled the final H-2A rule, and also withdrew a request for comments on a new H-1B policy as the Dept. of Labor reassesses its stance on both. The agency said it withdrew the rule prior to publication “for the purpose of reviewing issues of law, fact, and policy,” therefore not taking effect. Attorney Allen Orr, president-elect AILA, stated that he is “relieved that we are not going to have the burden of figuring out a new regulation during the heaviest season for employment immigration.”

https://cbocalbos.wordpress.com/tag/new-asylum-regulations/

https://cbocalbos.wordpress.com/tag/regulations/

https://californiaimmigration.us/temporary-agricultural-employment-h-2a-provides-answer-to-the-immigration-regulations-of-federal-procedure-to-illegal-workers-in-this-area/

https://cbocalbos.wordpress.com/tag/employment-regulations/

DHS and DOL pull immigration rules after Biden orders freeze.

the Biden administration delayed asylum restrictions and walked back rules revising aspects of the H-2A and H-1B programs, following a freeze on new regulations. On Wednesday, the Office of Foreign Labor Certification said it had pulled the final H-2A rule, and also withdrew a request for comments on a new H-1B policy as the Dept. of Labor reassesses its stance on both. The agency said it withdrew the rule prior to publication “for the purpose of reviewing issues of law, fact, and policy,” therefore not taking effect. Attorney Allen Orr, president-elect AILA, stated that he is “relieved that we are not going to have the burden of figuring out a new regulation during the heaviest season for employment immigration.”

https://cbocalbos.wordpress.com/tag/new-asylum-regulations/

https://cbocalbos.wordpress.com/tag/regulations/

https://californiaimmigration.us/immigration-law-firm/

https://cbocalbos.wordpress.com/tag/employment-regulations/

OFLC Announces Updates to Implementation of the H-2A Adverse Effect Wage Rate Methodology for Non-Range Occupations Final Rule

In response to a December 23, 2020, district court order in United Farm Workers, et al. v. DOL, et. al. that enjoined DOL from implementing the DOL final rule on Adverse Effect Wage Rate (AEWR) methodology for non-range H-2As, DOL’s Office of Foreign Labor Certification (OFLC) announced that H-2A job orders filed on or after December 21, 2020, must use the AEWRs in effect on December 20, 2020.

https://californiaimmigration.us/?s=nonimmigrant+visa

https://cbocalbos.wordpress.com/tag/us-embassy-in-mexico-city-on-the-new-nonimmigrant-visa-procedures/

 https://cbocalbos.wordpress.com/tag/nonimmigrant-visa-application/

https://cbocalbos.wordpress.com/tag/nonimmigrant-visa/

DHS Publishes Notice of Eligible H-2A and H-2B Countries for 2021

DHS published a notice of the 81 countries whose nationals are eligible to participate in the H-2A program and the 80 countries whose nationals are eligible to participate in the H-2B program. The designations are effective January 19, 2021, and shall be without effect after January 18, 2022. Changes include adding the Philippines to the list of countries eligible to participate in the H-2B program, no longer designating the Independent State of Samoa and Tonga as eligible countries for the H-2A and H-2B programs, and no longer designating Mongolia as an eligible country for the H-2A program. 


DHS has temporarily changed H-2A rules to minimize disruption of agriculture caused by the coronavirus pandemic.

DHS has temporarily changed H-2A rules to minimize disruption of agriculture caused by the coronavirus pandemic.

H-2A or H-2B pending

Along with: In an effort to help mitigate delays associated with connecting State Workforce Agency (SWA) documentation to the employer’s pending H-2A or H-2B application and provide employers with better customer service, DOL’s Office of Foreign Labor Certification (OFLC) announced an update to its iCERT System to allow authorized SWA staff to electronically upload supporting documentation and other information directly to the employer’s pending application for immediate review by the assigned Chicago National Processing Center (CNPC) analyst. Initially, OFLC will be implementing this update in 33 states, with the goal of nationwide implementation by September 30, 2018

In an effort to help mitigate delays associated with connecting State Workforce Agency (SWA) documentation to the employer’s pending H-2A or H-2B application and provide employers with better customer service, DOL’s Office of Foreign Labor Certification (OFLC) announced an update to its iCERT System to allow authorized SWA staff to electronically upload supporting documentation and other information directly to the employer’s pending application for immediate review by the assigned Chicago National Processing Center (CNPC) analyst. Initially, OFLC will be implementing this update in 33 states, with the goal of nationwide implementation by September 30, 2018.

H2A agricultural visa

H2B cap

H2B attorney

H2B Temporary worker

DOL Announces Enhancement of iCERT System to Streamline Processing in H-2A and H-2B Programs

along with: In an effort to help mitigate delays associated with connecting State Workforce Agency (SWA) documentation to the employer’s pending H-2A or H-2B application and provide employers with better customer service, DOL’s Office of Foreign Labor Certification (OFLC) announced an update to its iCERT System to allow authorized SWA staff to electronically upload supporting documentation and other information directly to the employer’s pending application for immediate review by the assigned Chicago National Processing Center (CNPC) analyst. Initially, OFLC will be implementing this update in 33 states, with the goal of nationwide implementation by September 30, 2018.

In an effort to help mitigate delays associated with connecting State Workforce Agency (SWA) documentation to the employer’s pending H-2A or H-2B application and provide employers with better customer service, DOL’s Office of Foreign Labor Certification (OFLC) announced an update to its iCERT System to allow authorized SWA staff to electronically upload supporting documentation and other information directly to the employer’s pending application for immediate review by the assigned Chicago National Processing Center (CNPC) analyst. Initially, OFLC will be implementing this update in 33 states, with the goal of nationwide implementation by September 30, 2018.

DOL Announces Changes to Its iCERT System for H-2A and H-2B Programs

For FY2017, more than 83 percent of H-2A applications and approximately 94 percent of H-2B applications were submitted electronically through the iCERT System with very little system disruption during the peak filing season. In an effort to provide better service and ensure more complete H-2A and H-2B applications are submitted for review, DOL’s Office of Foreign Labor Certification (OFLC) will release new enhancements to the iCERT System on or about October 10, 2017.