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06 Aug

E-Verify Program

E-Verify is an Internet-based system that compares information from an employee’s Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility.

E-Verify is the only free, fast, online service of its kind that verifies employees’ data against millions of government records and provides results within as little as three to five seconds.

Today, E-Verify is:

Used nationwide by more than 500,000 employers of all sizes
Used at more than 1.4 million hiring sites
Joined by about 1,400 new participating companies every week
One of the federal government’s highest-rated services for customer satisfaction.

E-Verify program compares information from an employee’s Employment Eligibility Verification Form I-9 to data from U.S. government records. If the information matches, that employee is eligible to work in the United States. If there is a mismatch, E-Verify alerts the employer and the employee is allowed to work while he or she resolves the problem; they must contact the appropriate agency to resolve the mismatch within eight federal government work days from the referral date.

E-Verify program is free. Neither employers nor employees have to pay to use the system.

Mandated use: Participation in E-Verify program is voluntary for most businesses, some companies may be required by state law or federal regulation to use E-Verify. For example, most employers in Arizona and Mississippi are required to use E-Verify. E-Verify is also mandatory for employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause.

E-Verify enrollment is also mandatory for employers who want to extend OPT for their F1 visa employees. (F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the STEM Designated Degree Program List, are employed by employers enrolled in E-Verify, and who have received an initial grant of post-completion OPT related to such a degree, may apply for a 17-month extension. )

Fiscal Year 2011 Statistics:: According to USCIS web site, in fiscal year 2011, most employees are automatically confirmed as work authorized by E-Verify system. 98.3 percent of employees are automatically confirmed as authorized to work (“work authorized”) either instantly or within 24 hours, requiring no employee or employer action. 1.7 percent of employees receive initial system mismatches.

Of the 1.7% of employees who receive initial system mismatches. 0.28 percent are later confirmed as work authorized after contesting and resolving the mismatch. 1.39 percent are not found work authorized.

Of the 1.39% of employees not found to be work authorized. 1.13 percent of employees who receive initial mismatches do not contest the mismatch either because they do not choose to or are unaware of the opportunity to contest and as a result are not found work authorized. The E-Verify program closely monitors uncontested mismatches and actively reaches out to employers to ensure that they are aware of their responsibility to inform employees of the right to contest. 0.01 percent of employees who receive initial mismatches contest the mismatch and are not found work authorized. 0.24 percent of employees with initial mismatches are unresolved because the employer closed the cases as “self-terminated” or as requiring further action by either the employer or employee at the end of FY11.

For more information call USCIS e verify number -1-800-375-5283.

06 Aug

E Visa

The Treaty Trader (E-1) and Treaty Investor (E-2) visa are nonimmigrant visas for a national of a country with which the United States maintains a treaty of commerce and navigation coming to United States to carry on substantial trade, or to develop and direct the operations of an enterprise, or is in the process of investing a substantial amount of capital.

E-3 Visa is nonimmigrant visa for nationals of Australia, coming coming to the United States solely to perform services in a specialty occupation. Similiar to H-1B visa, a Labor Condition Application (LCA) is required for E-3 visa(Certain Specialty Occupation Professionals from Australia). Spouse of E-3 visa holders are allowed to work in United States after filing for appropriate work authorization. Children of E-3 visa holders are not eligible for E-3D visa. The E3D visa holder does NOT need to be an Australian citizen.

Family: Spouses and unmarried children under 21 of an E visa holder may receive derivative E visas. The spouse may apply for work authorization. Dependent children are not authorized to work in United States.

Periold of Stay: Initial period of stay is 2 years. May requests for extension of up to two years. There is no maximum limit to the number of extension.

Green Card intent: Not permitted. Must maintain an intention to leave US when their E Visa status expires or is terminated.

Statistics:

In fiscal year 2010, USCIS received 7,863 applications for E-1 visa, approved 6,279, denied 1,584, waived or overcome 1,227. USCIS also received 33,377 applications for E-2 visa, approved 25,500, refused 7,877, waived or overcome 5,318.

USCIS also received 2,518 applications for E-3 visa, approved 2,175, refused 343, waived or overcome 229. USCIS also received 1,742 applications for E-3D visa, approved 1,582, refused 160, waived or overcome 131. USCIS also received 863 applications for E-3R visa, approved 782, refused 81, waived or overcome 67.

Visa Type:

E-1 Visa: Treaty Traders
E-2 Visa: Treaty Investors
E-2C Visa: CNMI-Only Investor 9 Commonwealth of the Northern Mariana Islands)
E-3 Visa: Certain Specialty Occupation Professionals from Australia
E-3D Visa: Dependent Visa for spouses of E-3 holders
E-3R Visa: returning Australian professionals whose original visas had expired

06 Aug

H-1B Visa

H-1B Visas are non-immigrant visas which allows U.S. employers to temporarily employ foreign professionals in specialty occupations for three years, extendable to six years.

Family: Spouse and unmarried children under 21 years of age could apply for H-4 non-immigrant visa. They do not have work authorization under H-4 status.

Green Card Intent: Dual Intent is permitted. (Doctrine of Dual Intent allows visa holders to enter the U.S. while simultaneously seeking lawful permanent resident status(green card status)).

Statistics: In fiscal year 2010, USCIS received 147,937 applications for H-1B visa, approved 117,409 of them, and denied 30,528, waived or overcome 26,902.

Department of Labor(DOL) typically certifies more than 3 times the number of foreign work requests than the number of H-1B visas issued by USCIS.

H1B Visa Qualification
To qualify for H1B Visa, the foreign professional must hold a bachelor’s or higher degree from an accredited college or university in the specialty occupation. If the foreign professional holds a foreign degree, then that degree must be determined to be the educational equivalent of a U.S. bachelor’s degree.

The foreign professional may also obtain an educational equivalence through a combination of education, specialized training or progressive work experience. Three years of specialized experience is generally considered equivalent to one year of college education.

For example, if a foreign professional has a three year associate degree, he or she must at least have 3 year of relevant post-graduate experience to be qualified for H1B Visa.

H1B Visa Occupation

The H1B visa is designed to be used for foreign workers in “speciality occupations”, which require theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor.

The occupation list includes, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts. The “specialty occupations” also require the attainment of a bachelor’s degree or its equivalent as a minimum.

Period of Stay H1B Visa worker may be admitted for a period of up to three years. The time period may be extended, but generally cannot go beyond a total of six years. There are some exceptions under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).
1. If the H1-B visa holder has submitted an I-140 immigrant petition or a labor certification prior to their fifth year anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year or three-year increments until a decision has been rendered on their application for permanent residence.
2. If the H1-B visa holder has an approved I-140 immigrant petition, but is unable to initiate the final step of the green card process due to their priority date not being current, they may be entitled to a three-year extension of their H-1B visa.
3. The maximum duration of the H-1B visa is ten years for exceptional Defense Department project related work.

U.S. Worker Protection
The U.S. Department of Labor is responsible for ensuring that foreign workers do not displace or adversely affect wages or working conditions of US workers.

For every H-1B petition filed with the USCIS, there must be included a Labor Condition Application (LCA) which will be certified by Department of Labor(DOL). The LCA is designed to ensure that the wage offered to the non-immigrant worker meets or exceeds the prevailing wage in the area of employment. The LCA also contains an attestation section designed to prevent the program from being used to import foreign workers to break a strike or replace US citizen workers.

06 Aug

H-2A Visa

An H-2A visa(Temporary Agricultural Workers) allows a foreign national entry into the U.S. for temporary or seasonal agricultural work.

H-2A visa is a program for Temporary Agricultural Workers. which is different from H-2B Visa program for non-agricultural temporary worker.

Period of Stay: initial stay of no more than 1 year, could be extended in increments of 1 year. The maximum period of stay is 3 years.

Family: Spouse and unmarried children under 21 years of age of an H-2A worker may seek admission in H-4 nonimmigrant classification. H-4 Visa holder does not have work authorization in United States.

Green Card Intent: Not permitted. A foreign worker in H-2A nonimmigrant status for 3 years is required to depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant.

H-2A Program Process

Employer Submits Temporary Labor Certification Application to the U.S. Department of Labor.
Employer Submits a Form I-129 to USCIS.
Prospective Workers Outside the United States Apply for Visa and/or Admission.

Statistics: In fiscal year 2010, USCIS received 64,071 applications for H-2A visa, approved 55,921 of them, and denied 8,150, waived or overcome 2,449.

H-2A Qualification

The job offered must be of a temporary or seasonal nature.
The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work.
The employer must show that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers
Generally, a single, valid temporary labor certification from the U.S. Department of Labor must be submitted with the H-2A petition.

06 Aug

How to Get a Green Card

There are many different ways to get permanent residence (green card) other than employment based green card and family based green card.

More Ways to Get a Green Card

Amerasian Child of a U.S. Citizen
American Indian Born in Canada
Armed Forces Member
Cuban Native or Citizen
Diversity Immigrant Visa Program
Haitian Refugee
Help HAITI Act of 2010
Indochinese Parole Adjustment Act
Informant (S Nonimmigrant)
Lautenberg Parolee
Legal Immigration Family Equity (LIFE) Act
Person Born to Foreign Diplomat in United States
Registry
Section 13 (Diplomat)
Victim of Criminal Activity (U Nonimmigrant)
Victim of Trafficking (T Nonimmigrant)

Green Cards Through Special Categories of Jobs

Afghan/Iraqi Translator
Broadcaster
International Organization Employee
Iraqi Who Assisted the U.S. Government
NATO-6 Nonimmigrant
Panama Canal Employee
Physician National Interest Waiver
Religious Worker

Green Cards Through Special Categories of Family

Battered Spouse or Child (VAWA)
K Nonimmigrant (includes fiancé(e))
V Nonimmigrant
Widow(er)

06 Aug

H-2B Visa Eligible Countries List

H-2B Visa program has the same list of eligible country list as H-2A program.

Effective Jan. 18, 2011, DHS and Dept. of State published on Federal Register that the nationals from the following countries are eligible to participate in the H-2A and H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu. Of these countries, the following were designated for the first time this year: Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

06 Aug

H2B Visa

The H-2B (non-agricultural temporary worker program) allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

H-2B visa is for non-agricultural temporary worker, different from H-2A Visa for temporary agricultural workers.

Period of Stay: initial stay of no more than 1 year, could be extended in increments of 1 year. The maximum period of stay is 3 years.

Family: Spouse and unmarried children under 21 years of age could apply for H-4 non-immigrant visa. They do not have work authorization under H-4 status.

Green Card Intent: Dual Intent is not permitted. A foreign worker in H-2B nonimmigrant status for 3 years is required to depart and remain outside the United States for an uninterrupted period of 3 months.

Statistics: In fiscal year 2010, USCIS received 63,588 applications for H-2B visa, approved 47,403 of them, and denied 16,185, waived or overcome 5,324.

H2-B Visa Cap
Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year. Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no “carry over” of unused H-2B numbers from one fiscal year to the next.

H2-B Visa Cap Exemption

Fish roe processors, fish roe technicians and/or supervisors of fish roe processing
Workers performing labor or services in the Commonwealth of Northern Mariana Islands (CNMI) and/or Guam(11/28/2009-12/1/2014)

H-2B Visa extension and the spouse and children of H-2B workers holding H4 visa are not counted against H-2B Visa cap.

H-2B Program Process

Employer Submits Temporary Labor Certification Application to the Department of Labor.
Employer Submits Form I-129 to USCIS.
Prospective Workers Outside the United States Apply for Visa and/or Admission.

06 Aug

P Visa for Alien Athletes, Artists, and Entertainers

P visa is non-immigrant temporary worker visa for alien athletes, artists, and entertainers, and their spouses and children.

Statistics:

In fiscal year 2010, USCIS received 30,745 applications for P-1 visa, approved 25,186, denied 5,559, waived or overcome 4,187. USCIS also received 143 applications for P-2 visa, approved 127, refused 16, waived or overcome 16. USCIS also received 10,545 applications for P-3 visa, approved 7,183, refused 3,362, waived or overcome 1,767. USCIS also received 1,246 applications for P-4 visa, approved 1,032, refused 214, waived or overcome 146.

Visa Type:

P-1A Visa: Internationally Recognized Athlete
P-1B Visa: A Member of an Internationally Recognized Entertainment Group
P-2 Visa: Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program
P-3 Visa: Artist or Entertainer Coming to Be Part of a Culturally Unique Program
P-4 Visa: Spouse, or child under the age of 21, of a P-1, P-2, or P-3 alien and who is accompanying, or following to join, the alien.

“International Recognition”

USCIS has defined “international recognition” as a “having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that such achievement is renowned, leading, or well-known in more than one country.”

05 Aug

Green Card Lottery

The congressionally mandated Diversity Immigrant Visa Program Green Card Lottery 2015
makes available up to 55,000 diversity visas (DVs) annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States.

The lottery is administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA).

Statistics: Applicants registered for the DV-2010 program were selected at random from over 13.6 million qualified entries received during the 60 day application period that ran from noon on October 2, 2008, until noon, December 1, 2008.

Important Development
On July 21, 2011, the House Judiciary Committee approved the Security and Fairness Enhancement (SAFE) for America Act (H.R. 704), a bill that eliminates the diversity visa program. This program is plagued by fraud and is an open door for terrorists. The bill, sponsored by Intellectual Property Subcommittee Chairman Bob Goodlatte (R-Va.), was reported favorably to the House floor by a vote of 19-11.

Ineligible countries
Those born in any territory that has sent more than 50,000 immigrants to the United States in the previous five years are not eligible to receive a diversity visa.

For DV-2013, natives of the following nations are ineligible: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. The entry period to apply for the DV-2013 is from October 4, 2011 to November 5, 2011.

False and Scam
There is no charge to enter the diversity visa lottery, and the only way to do so is by completing and sending the electronic form available at the U.S. Department of State’s website during the registration period. However, there are numerous companies and websites that charge a fee in order to complete the form for the applicant. The Department of State and the Federal Trade Commission have warned that some of these businesses falsely claim to increase someone’s chances of winning the lottery, or that they are affiliated with the U.S. government

There have also been numerous cases of fraudulent emails and letters which falsely claim to have been sent by the Department of State and that the recipient has been granted a Permanent Resident Card.

05 Aug

Employment Second Preference (EB-2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability

Labor certification is generally required unless applicant can obtain a national interest waiver. Employer or self-petitioner must file a Form I-140, Petition for Alien Worker. There are three sub-groups within this category:

Advanced Degree: The job offer must require an advanced degree and the applicant must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).Labor certification from DOL is required.
Exceptional Ability: applicant must demonstrate a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
National Interest Waiver: The Labor Certification can be waived because it is in the interest of the United States. National interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the national. The applicant could self petition without employer.

05 Aug

Employment First Preference (EB-1): Priority Workers

Employment First Preference (EB-1): Priority Workers
Labor certification is not required. There are three sub-groups within this category:

Extraordinary Ability: Persons with extraordinary ability in the sciences, arts, education, business, or athletics.
Outstanding Professors and Researchers: Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally.
Multinational Manager or Executive: Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.

Application Process:

Extraordinary Ability: applicant may petition for yourself by filing a Form I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: employer must file a Form I-140, Petition for Alien Worker.
Multinational Manager or Executive: employer must file USCIS Form I-140, Petition for Alien Worker.

05 Aug

Obtaining Green Card Through Employment

Immigration and Nationality Act(Section 201) sets 140,000 employment-based immigrant visas to qualified applicants. Each country is limited to receive 7% of the quota(9,800). Employment based immigrant visas are divided into five preference categories. EB-1, EB-2 and EB-3 categories each receive 28.6% of the annaul visa quota, EB-4 and EB-5 each receive 7.1%.

Spouses and unmarried children younger than 21 may accompany or follow-to-join employment-based immigrants.

Employment First Preference (EB-1): Priority Workers
Labor certification is not required. There are three sub-groups within this category:

Extraordinary Ability: Persons with extraordinary ability in the sciences, arts, education, business, or athletics.
Outstanding Professors and Researchers: Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally.
Multinational Manager or Executive: Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.

Application Process:

Extraordinary Ability: applicant may petition for yourself by filing a Form I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: employer must file a Form I-140, Petition for Alien Worker.
Multinational Manager or Executive: employer must file USCIS Form I-140, Petition for Alien Worker.

Employment Second Preference (EB-2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability
Labor certification is generally required unless applicant can obtain a national interest waiver. Employer or self-petitioner must file a Form I-140, Petition for Alien Worker. There are three sub-groups within this category:

Advanced Degree: The job offer must require an advanced degree and the applicant must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).Labor certification from DOL is required.
Exceptional Ability: applicant must demonstrate a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
National Interest Waiver: The Labor Certification can be waived because it is in the interest of the United States. National interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the national. The applicant could self petition without employer.

Employment Third Preference (EB-3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)
Labor certification and a permanent, full-time job offer required. Employer must file a Form I-140, Petition for Alien Worker. There are three sub-groups within this category:

Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

Employment Fourth Preference (EB-4): Certain Special Immigrants
Labor certification is not required. Applicant must be the beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, with the exception of Certain Employees or Former Employees of the U.S. Government Abroad

There are many sub-groups within this category, including

Religious Workers
Broadcasters
Iraqi/Afghan Translators
Iraqis Who Have Assisted the United States
International Organization Employees
Physicians
Armed Forces Members
Panama Canal Zone Employees
Retired NATO-6 employees
Spouses and Children of Deceased NATO-6 employees

Employment Fifth Preference (E5): Immigrant Investors
Labor certification is not required. Generally the minimum qualifying investment in the United States is $1 million. The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000(Targeted Employment Area). The investment in a commercial enterprise in the United States must creates at least 10 new full-time jobs for U.S. citizens, permanent residents, or other lawful immigrants, not including the investor and his or her family.

Applicant must file an Immigrant Petition by Alien Entrepreneur, Form I-526, with USCIS

Main ways of Employment Green Card:

Green Card Through a Job Offer: Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker.
Green Card Through Investment: investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs.
Green Card Through Self Petition: “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.
Green Card Through Special Categories of Jobs: require a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. The jobs include Afghan/Iraqi Translator, Broadcaster, International Organization Employee, Iraqi Who Assisted the U.S. Government, NATO-6 Nonimmigrant, Panama Canal Employee, Physician National Interest Waiver, Religious Worker

Green Card Through a Job Offer Process

The applicant’s employer must first obtain a labor certification approval from the Department of Labor.
Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category.
If You Are Living Outside the United States You can become a permanent resident through consular processing when living outside the United States. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-140 petition when a visa is available.
f You Are Living in the United States You can become a permanent resident through adjustment of status when living inside the United States. Once the I-140, Immigrant Petition for Alien Worker, is approved and a visa number is available you can apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident.

05 Aug

Types of US Visas

A citizen of a foreign country who seeks to enter the United States generally must first obtain a U.S. visa, which is placed in the traveler’s passport. Certain international travelers may be eligible to travel to the U.S. without a visa if they meet the requirements for visa-free travel.

There are two main categories of US visas: non-immigrant visas for travel to the United States on a temporary basis or immigrant visas for travel to live permanently in United States.

Major non-immigrant worker visas include H-1B Visa, H-2A Visa, H-2B Visa, L Visa, O Visa and TN Visa. Holders of Student Visa(F-1 Visa, M-1 Visa), Exchange Visitor Visa(J-1 Visa), Visitor Visa for Business Purpose(B-1 Visa) could also apply for work authorization under some circumstance.

Symbol	Type	Description
A-1		Foreign government officials and families: ambassadors, public ministers, career diplomats, or consular officers
A-2		Foreign government officials and families: other foreign government officials or employees
A-3		Foreign government officials and families: attendants, servants, or personal employees of A-1 and A-2 classes
B-1	Non-immigrant	Temporary visitors: for business
B-2	Non-immigrant	Temporary visitors: for pleasure
BCC	Non-immigrant	Mexico citizens border crossing card and B1/B2 visa
C-1	Non-immigrant	Transit aliens: aliens in transit
C-2	Non-immigrant	Transit aliens: aliens in transit to the United Nations
C-3	Non-immigrant	Transit aliens: foreign government officials and families in transit
Continued Presence (CP)	Temporary	Issued by federal law enforcement to victims of crime actively cooperating in an investigation or prosecution of a federal crime
Transit aliens: aliens in transit to the United Nations
DV-1	Immigrant	Diversity visa: lottery winner
DV-2	Immigrant	Diversity visa: spouses and children
E-1		Treaty traders and investors: treaty traders
E-2		Treaty traders and investors: treaty investors
E-3		Treaty traders and investors: Australian Free Trade Agreement
EB-5	Immigrant	Immigrant investors
F-1	Non-immigrant	Students and exchange visitors: academic students
F-2	Non-immigrant	Students and exchange visitors: spouses and children of academic students
F-3	Non-immigrant	Students and exchange visitors: Canadian or Mexican national academic commuter students
G-1		Representatives to international organizations and families: principals of recognized foreign governments
G-2		Representatives to international organizations and families: other representatives of recognized foreign governments
G-3		Representatives to international organizations and families: representatives of nonrecognized or nonmember foreign governments
G-4		Representatives to international organizations and families: international organization officers or employees
G-5		Attendants, servants or personal employees of representatives
GB		Temporary visitors: for business, visa waiver, Guam
GT		Temporary visitors: for pleasure, visa waiver, Guam
H-1B	Dual-intent	Temporary workers and trainees: specialty occupations
H-1B1	Dual-intent	Temporary workers and trainees: Chile and Singapore Free Trade Agreement
H-1C	Dual-intent	Temporary workers and trainees: registered nurses participating in the Nursing Relief for Disadvantaged Areas
H-2A		Temporary workers and trainees: seasonal agricultural workers
H-2B		Temporary workers and trainees: seasonal nonagricultural workers
H-3		Temporary workers and trainees: industrial trainees
H-4	Dual-intent	Temporary workers and trainees: spouses and children of H-1, H-2, and H-3 workers
I-1		Representatives of foreign information media and families
IH-3	Immigrant	Immediate relative of U.S. citizen: Orphan resident in a country that is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (“Hague country”) and adopted by U.S. citizens, whose adoption was finalized outside the U.S.
IH-4	Immigrant	Immediate relative of U.S. citizen: Orphan resident in a Hague country whose adoption by a U.S. citizen will be finalized in the citizen’s home jurisdiction.
IR-1	Immigrant	Immediate relative of U.S. citizen: Spouse of a U.S. citizen. This visa is called CR-1 (for conditional resident) if the marriage is less than 2 years old at the time of application. The CR-1 visa has to have its conditionality “removed” two years after entry in a separate process.
IR-2	Immigrant	Immediate relative of U.S. citizen: Unmarried child, under 21 years of age, of a U.S. citizen.
IR-3	Immigrant	Immediate relative of U.S. citizen: Orphan resident in a non-Hague country adopted by U.S. citizens, whose adoption was finalized outside the U.S. Note: In order for an IR-3 visa to be issued, U.S. regulations require that both adoptive parents take part in the overseas adoption and actually meet with the child in the child’s home country. If only one parent travels to pick up the child, the child will be issued an IR-4 visa instead.
IR-4	Immigrant	Immediate relative of U.S. citizen: Orphan resident in a non-Hague country whose adoption by a U.S. citizen will be finalized in the citizen’s home jurisdiction.
IR-5	Immigrant	Immediate relative of U.S. citizen: Parent of a U.S. citizen; the citizen must be at least age 21.
J-1	Nonimmigrant	Students and exchange visitors: exchange visitors
J-2	Nonimmigrant	Students and exchange visitors: spouses and children of exchange visitors
K-1	Dual-intent	LIFE Act: fiances(ees) of U.S. citizens
K-2	Dual-intent	LIFE Act: children of fiances(ees) of U.S. citizens
K-3	Dual-intent	LIFE Act: spouses U.S. citizens, visa pending
K-4	Dual-intent	LIFE Act: children of U.S. citizen, visa pending
L-1	Dual-intent	Intracompany transferees: principals
L-2	Dual-intent	Intracompany transferees: spouses and children of intracompany transferees
M-1		Students and exchange visitors: vocational students
M-2		Students and exchange visitors: spouses and children of vocational students
M-3		Canadian or Mexican national vocational commuter students
N-1 to N-6		NATO officials and families
N-8 and N-9		Immediate relatives of certain SK-3 special immigrants
O-1		Temporary workers and trainees: extraordinary ability or achievement
O-2		Temporary workers and trainees: accompanying and assisting in performance of O-1 workers
O-3		Temporary workers and trainees: spouses and children of O-1 and O-2 workers
P-1		Temporary workers and trainees: internationally recognized athletes or entertainers
P-2		Temporary workers and trainees: artists or entertainers in reciprocal exchange programs
P-3		Temporary workers and trainees: artists or entertainers in culturally unique programs
P-4		Temporary workers and trainees: spouses and children of P-1, P-2, and P-3 workers
Q-1		Temporary workers and trainees: workers in international cultural exchange programs
R-1		Temporary workers and trainees: workers in religious occupations
R-2		Temporary workers and trainees: spouses and children of R-1 workers
S visa [two types: S-5/ S-6]		Aliens Assisting Law Enforcement
Special Immigrant Juvenile Status (SIJS)		Qualifying children present in the U.S. who are declared dependents of a juvenile court and who would be harmed if returned to their home country
T-1		Victims of human trafficking
T-2		Victims of human trafficking: spouse of victim
T-3		Victims of human trafficking: children of victim
T-4		Victims of human trafficking: parents of victim who are children
TD		Temporary workers and trainees: spouses and children of NAFTA workers
TN		Temporary workers and trainees: NAFTA professional workers
U-1		Victims of qualifying criminal activity, such as rape, murder, manslaughter, child abuse, domestic violence, sexual assault, and/or human trafficking
U-2		Victims of qualifying criminal activity: spouse of victim
U-3		Victims of qualifying criminal activity: children of victim
U-4		Victims of qualifying criminal activity: parents of victim who are children
U-5		Victims of qualifying criminal activity: siblings (of minor age) of victim who are children
V-1		LIFE Act: spouses of permanent residents, visa pending
V-2		LIFE Act: children of permanent residents, visa pending
V-3		LIFE Act: dependents of V-1 and V-2, visa pending
WB		Temporary visitors: visa waiver, business
WT		Temporary visitors: visa waiver, pleasure

29 Jul

MSHA announces results of June impact inspections

07/24/2014

ARLINGTON, Va. — The U.S. Department of Labor’s Mine Safety and Health Administration today announced that federal inspectors issued 186 citations, 25 orders and one safeguard during special impact inspections conducted at 11 coal mines and two metal and nonmetal mines in June.

The monthly inspections, which began in force in April 2010 following the explosion at the Upper Big Branch Mine, involve mines that merit increased agency attention and enforcement due to their poor compliance history or particular compliance concerns. The inspection details of one of the mines are listed below:

MSHA began an impact inspection at Dickenson-Russell Coal Co., LLC’s Cherokee Mine in Dickenson County, Virginia, on June 10. A member of the enforcement team traveled to the mine ahead of the inspection team and secured the mine’s communication systems to prevent advance notice. The inspection of underground belts and equipment and surface equipment and installations resulted in the issuance of 25 104(a) citations and five 104(d)(1) unwarrantable failure orders. This was the first impact inspection at this mine.

Among the conditions found were the accumulation of combustible materials in the form of black and dry float coal dust along one of the mine’s belts. The float coal dust had accumulated on areas of the belt structure including rails, chains, tail piece, ribs, head drive electrical cable and guards. A buildup of coal dust places miners at serious risk to explosions.

MSHA issued an unwarrantable failure order for insufficient air velocity on the belt air course. Using an anemometer, an instrument that measures the volume of air entering and exiting a mine, inspectors detected no air movement in the belt entry. The lack of such movement can lead to the buildup of dangerous gases in the air and a potential mine explosion. Enforcement personnel issued another order when the mine allowed diesel equipment to operate in an entry with no air movement.

Furthermore, a roof -bolting machine had not been properly examined, tested and maintained. Numerous hazardous conditions were observed even though the examination records dated three days prior indicated no detection of hazards. Mechanical fasteners were missing, bare ground wires were exposed, and cables were not insulated properly and fully protected. One 104(d)(1) order was issued for an inadequate pre-shift examination along four belts where the examiner failed to record and post the hazardous conditions found, such as float coal dust, draw rock, belts rubbing against the structure and bottom hangers, and inadequate ventilation.

In a June 24 impact inspection at Rhino Eastern LLC’s Eagle Mine 3 in Wyoming County, West Virginia, MSHA found dozens of violations in which the mine operator failed to follow approved ventilation, methane and dust control plans, which resulted in closure orders.

“Conditions found at both Rhino and Cherokee that led to closure orders put miners at risk of explosions,” said Joseph A. Main, assistant secretary of labor for mine safety and health. “The dust conditions at the Rhino mine also exposed miners to black lung disease. The new respirable dust regulations, which go into effect on Aug. 1, are aimed at curbing the disease and will address these type of operator shortfalls,” he said.

Since April 2010, MSHA has conducted 780 impact inspections and issued 12,627 citations, 1,170 orders and 54 safeguards.

29 Jul

Recycling Innovation ordered to pay $77,000 in unpaid wages, damages and penalties following US Department of Labor investigation

Court enjoins employer, cites retaliation against employees

LOS ANGELES — The U.S. Department of Labor has obtained a consent judgment from the U.S. District Court for the Central District of California ordering Alkanan Inc., doing business in six locations as Recycling Innovation and Valley Recycling, and its owner Karim Ameri, to pay $77,000 to 13 workers in back wages, damages and penalties for failing to pay at least the federal minimum wage and overtime, in violation of the Fair Labor Standards Act. The court also entered an injunction restraining the employer from violating the FLSA in the future and retaliating against any employee who files a complaint with, or cooperates in an investigation by, the department’s Wage and Hour Division.

“Workplace intimidation, such as threatening to fire, deport or physically harm an employee who exercises his rights is completely unacceptable,” said Kimchi Bui, district director for the Wage and Hour Division in Los Angeles. “The department will not tolerate such tactics and will use every legal tool available to protect workers and hold employers accountable.”

Investigators with the division’s Los Angeles District Office determined that Alkanan violated the FLSA’s overtime and minimum wage requirements at its locations in Northridge, Reseda, Winnetka and Van Nuys by only paying a daily cash rate between $55 and $65 for up to 10 hours of work per day, six or seven days per week, far below the federal minimum wage rate of $7.25 per hour. The employer also retaliated against workers whom he believed provided information to the department’s investigators by threatening to fire and deport employees and use physical violence. Alkanan also failed to keep accurate and complete records of work hours.

The division first learned of this employer’s practices through the Employment Education and Outreach partnership, known asEMPLEO. Now in its 10th year, EMPLEO is an alliance of organizations and government agencies that assists Spanish-speaking workers and employers. EMPLEO’s toll-free helpline at 877-55-AYUDA (552-9832) is staffed by trained volunteers from the Diocese of San Bernardino, which refers callers to appropriate partners.

The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 per hour, as well as time and one-half their regular rates for every hour worked beyond 40 per week. The law also requires employers to maintain accurate records of employees’ wages, hours and other conditions of employment and prohibits employers from retaliating against employees who exercise their rights under the law. The FLSA provides that employers who violate the law are generally liable to employees for their back wages and an equal amount in liquidated damages, which are paid directly to the affected employees.

29 Jul

California construction contractor to pay $292,184 in overtime back wages following US Department of Labor investigation

WEST COVINA, Calif. — GM Sager Construction Inc. has agreed to pay $146,092 in overtime back wages and an equal amount in liquidated damages to 26 workers after an investigation by the U.S. Department of Labor found the Pomona, Calif.-based concrete and asphalt paving contractor in violation of the Fair Labor Standards Act’s overtime and record-keeping provisions. The employer also agreed to record all hours worked accurately, including travel time.

“Employers must record and pay for all hours of work,” said Daniel Pasquil, director of the Wage and Hour Division’s West Covina District Office. “This includes travel time between work sites. We urge all employers to review their pay practices to ensure compliance.”

Investigators established that GM Sager Construction Inc. failed to pay 26 employees for their travel time between the last job site to the company’s yard at the end of each day and for work once employees returned to the yard. The employer failed to record and count this time as hours worked.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour. Earnings may be determined on a piece-rate basis, but overtime pay must be computed using the employee’s average hourly rate. The law also requires employers to maintain accurate records of employees’ wages, hours and other conditions of employment, and prohibits employers from retaliating against employees who exercise their rights under the law.

29 Jul

Statement by US Labor Secretary Thomas E. Perez on the need to raise the minimum wage to benefit workers and the economy

07/24/2014

WASHINGTON — U.S. Secretary of Labor Thomas E. Perez released the following statement on the five-year anniversary of the last increase in the federal minimum wage:

“It’s been exactly five years since workers at the bottom of the income ladder have gotten a raise. Since then, the cost of a gallon of milk, a week of child care, a month’s rent and everything else a working family needs has gone up. But the federal minimum wage remains frozen at $7.25 per hour.

“President Obama believes five years is far too long, and a clear majority of Americans agree. Too many people are working harder but falling further behind, and it’s just plain wrong that men and women working full-time in America should have to raise their families in poverty.

“A minimum wage increase to $10.10 would benefit 28 million people, giving them a little bit of breathing room and peace of mind. And it would help their bosses as well. As I’ve traveled around the country, employers of all sizes and in varied sectors have told me they see higher wages as a sound business investment. They know that it boosts productivity and reduces training costs. They know that, in an economy driven by consumer demand, more money in people’s pockets means more customers for them. This isn’t just anecdotal — a recent poll shows that more than 3-in-5 small business owners support a $10.10 minimum wage.

“Thirteen states and the District of Columbia, responding to grass-roots energy in their communities, have increased their minimum wages since the beginning of 2013. And the president has signed an Executive Order mandating a $10.10 minimum wage for workers under federal service contracts. But still, Congress has failed to act on behalf of all workers.

“This step is long overdue. Our workers need it and they’ve earned it. After five years, it’s time to reward hard work and raise the wage.”

29 Jul

More than $1.6M in unpaid overtime for 1,543 workers in the Gulf Coast recovered by US Labor Department

Ongoing initiative reveals evasive pay practices in the temporary staffing industry

HOUMA, La. — B & D Contracting Inc., a labor recruiting and staffing agency that caters to oil field services and maritime fabrication facilities along the Gulf Coast, has agreed to pay $1,660,438 in back wages to 1,543 current and former employees. An investigation by the U.S. Department of Labor found that the company engaged in improper pay and record-keeping practices that resulted in employees being denied overtime compensation in violation of the Fair Labor Standards Act. The employees were assigned to client work sites throughout Louisiana, Mississippi and Alabama to work as welders, pipe fitters, shipfitters and other classifications that serviced clients’ needs.

Investigators from the Wage and Hour Division’s New Orleans District Office found the company mischaracterized certain wages as per diem payments and impermissibly excluded these wages when calculating overtime premiums, denying employees earned overtime compensation.

“Temporary staffing agencies serve valuable and legitimate business needs in today’s economy,” said Dr. David Weil, administrator for the Wage and Hour Division, “But employers may not manipulate these arrangements and use evasive pay practices to avoid paying workers their rightful wages.”

“The labor violations we found in this case are not unique to B & D Contracting Inc.,” said Cynthia Watson, regional administrator for the division in the Southwest. “We are increasingly finding the use of per diem schemes as a means of decreasing overtime pay and tax obligations in the staffing and support services industry in this region. The resolution of this case demonstrates our continued focus on combating such labor violations in order to improve compliance in this industry.”

Following the investigation, B & D Contracting agreed to pay back wages owed to employees. The company also signed a settlement agreement with the department, committing itself to implement specific measures to prevent future FLSA violations. These measures include: setting standards to accurately identify and compensate workers who qualify for bona fide per diem payments; paying accurate overtime and ensuring per diem payments are not automatically excluded from overtime calculations; informing employees about their pay and employment conditions; and obtaining written acknowledgment from employees that they understand the criteria for receipt of per diem payments.

Additionally, B & D Contracting agreed to maintain accurate records demonstrating that employees received bona fide per diem payments and that such payments are based either on applicable Internal Revenue Service guidelines or upon a reasonable approximation of the expenses incurred.

Pursuant to the department’s partnerships with the IRS and the Louisiana Workforce Commission, this case has also been referred to those agencies for review under their respective laws.

This investigation was conducted under the Wage and Hour Division’s ongoing initiative focused on strengthening labor compliance among temporary labor providers, such as staffing and support services companies in the Gulf Coast region. The division’s enforcement and compliance assistance efforts are focused on identifying and remedying labor violations involving temporary employment arrangements, and the agency is also working with stakeholders and state agencies to ensure compliance with all applicable laws. Between fiscal years 2011 and 2013, the division’s New Orleans District Office conducted 24 investigations in the temporary help industry securing more than $2.5 million in back wages for more than 3,000 workers.

An employee’s regular pay rate, upon which overtime must be computed, includes all wages for employment, except certain payments excluded by the FLSA, such as reimbursements for work-related expenses. Payments reasonably approximating travel or other expenses incurred on the employer’s behalf may be excluded from the employee’s regular rate of pay when computing overtime. However, where an employee receives such payments but actually incurs no such additional expenses, such payments do not constitute bona fide reimbursements and must be included in the employee’s regular rate of pay for purposes of computing an overtime premium.

The FLSA requires that covered employees be paid at least the national minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers also must maintain accurate time and payroll records.

29 Jul

Nueces Electrical Co-op pays former employee nearly $47,000 after US Department of Labor finds Family and Medical Leave Act violations

CORPUS CHRISTI, Texas — An employee of Nueces Electrical Co-op in Corpus Christi has received $46,920 in back wages and damages after an investigation by the U.S. Department of Labor’s Wage and Hour Division found the company in violation of the Family and Medical Leave Act.

“The FMLA protects eligible workers from having to choose between work and family care or personal medical leave needs,” said Cynthia Watson, regional administrator for the Wage and Hour Division for the Southwest. “When employees are unlawfully denied leave and their livelihoods put at risk, the potential for harm is great.”

The division’s McAllen District Office found that the employer, a company that provides electrical services to Corpus Christi and surrounding areas, wrongfully advised the employee to retire or face termination of employment for needing leave for an FMLA-qualifying health condition. The employer’s actions forced the employee, who was entitled to receive FMLA job-protected leave, to cash out a 401(k) savings plan, which incurred significant penalties. The employee suffered wage losses, resulting in loan defaults and an inability to pay essential bills.

In addition to the monetary damages, the company neglected to provide proper FMLA notice to the employee. Under the FMLA, a covered employer must notify eligible employees of their FMLA rights and responsibilities and permit employees to take leave as outlined in the FMLA.

Nueces Electrical Co-op has agreed to future compliance with the FMLA and instituted new policies to prevent future violations.

The FMLA allows an eligible employee to take unpaid leave to bond with a newborn, newly adopted or placed child, for their own serious health condition, or to care for a seriously ill child, spouse or parent, without fear of losing their job and with continuation of health care coverage under the same terms and conditions as if the employee had not taken leave. FMLA leave may also be taken for specified reasons related to certain military deployments and to care for a covered service member with a serious injury or illness. An employer is prohibited from interfering with, restraining, or denying the exercise of, or the attempt to exercise, an FMLA right. Prohibited conduct includes refusal to authorize FMLA leave for an eligible employee.

29 Jul

Big Texan Steak Ranch in Amarillo, Texas, to pay $800,000 in minimum wage back wages, liquidated damages following US Labor Department investigation

Restaurant had illegal tip pool arrangement

AMARILLO, Texas — Big Texan Steak Ranch has agreed to pay $650,000 in minimum wage back wages and $150,000 in liquidated damages to 279 current and former wait staff following an investigation by the U.S. Department of Labor’s Wage and Hour Division, which found violations of the Fair Labor Standards Act’s minimum wage and record-keeping provisions. Violations stemmed from an illegal tip pooling arrangement by the restaurant.

“Through investigations such as this one, the Wage and Hour Division continues to combat widespread labor violations among restaurants to protect workers and to ensure a level playing field for law-abiding employers,” said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest. “The restaurant industry employs some of our country’s lowest-paid workers, who are vulnerable to exploitation. We will continue our effort in the restaurant industry to promote awareness and improve compliance, so workers and businesses can prosper together.”

The investigation by the Wage and Hour Division’s Albuquerque District Office determined that Big Texan illegally retained a portion of the restaurant workers’ tips to pay for business costs, such as menus, glassware, trays and contest prizes. The employer also made illegal deductions from workers’ paychecks for uniforms and withheld additional percentages of tips as a disciplinary tactic, bringing those workers’ hourly wages below the required federal minimum wage. Additionally, the company failed to maintain accurate time and payroll records.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates of pay for hours worked beyond 40 per week. In accordance with the FLSA, an employer of a tipped employee is required to pay no less than $2.13 an hour in direct wages, provided that amount plus the tips received equals at least the federal minimum wage of $7.25 an hour. If an employee’s tips combined with the employer’s direct wages do not equal the minimum wage, the employer must make up the difference. Employers are required to provide employees notice of the FLSA tip credit provisions, to maintain accurate time and payroll records and to comply with the hours, hazardous orders and other restrictions applying to workers under age 18.