As of 1/1/10, requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141. OFLC NPWHC will receive and process PWD requests for H-1B, H-1B1, H-1C, H-2B, E-3, and permanent labor certification.
Archive for the ‘Employment’ Category
ETA Form 9141
Tuesday, December 22nd, 2009The Role of Immigrant Workers in U.S. Healthcare
Friday, December 11th, 2009December 11, 2009
Washington D.C. - As the public debate over healthcare reform continues to rage, mention is seldom made of the vital role that immigrants play in the healthcare workforce of the United States. If immigrants are mentioned at all, it is usually in the context of heated discussions about whether or not unauthorized immigrants will, or should, be included in any of the healthcare bills now circulating in Congress. Lost in this debate is the simple demographic fact that immigrants are a critical component of the healthcare workforce at both the high-skilled and less-skilled ends of the occupational spectrum. Most notably, immigrants comprise more than one-quarter of all Physicians and Surgeons in the United States, and roughly one-fifth of all Nursing, Psychiatric, and Home Health Aides.
Today, the Immigration Policy Center releases Critical Care: The Role of Immigrant Workers in U.S. Healthcare. The research finds:
- Immigrants are a critical component of the workforce at all skill levels in the nation’s largest healthcare occupations.
- The Bureau of Labor Statistics (BLS) predicts significant numbers of job openings in the healthcare occupations where most foreign-born healthcare workers are employed.
- Shortages of healthcare workers are expected to increase in the years to come, and immigrants will help fill the gap.
To read the report in its entirety see:
- Critical Care: The Role of Immigrants Workers in Healthcare (IPC Fact Check, December 11, 2009).
DOJ Video on Federal Protections Against Immigration-Related Discrimination in the Workplace
Thursday, December 10th, 2009
WASHINGTON – The Justice Department announced today the release of a new video aimed at educating employers about worker rights and employer responsibilities under the anti-discrimination provision of the Immigration and Nationality Act. The anti-discrimination provision forbids citizenship status and national origin discrimination in the workplace.
The half-hour video, available online and in DVD format, describes the types of discrimination prohibited and how employers can avoid discriminatory practices. The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) of the Justice Department’s Civil Rights Division is distributing the DVD. OSC enforces the anti-discrimination provision. It also staffs telephone hotlines to help employers and workers quickly resolve immigration-related workplace problems.
“We want to ensure that workers know their rights and that employers know their responsibilities under our nation’s civil rights laws, which protect documented workers against employment discrimination because of their citizenship status, their accent, their appearance or their national origin,” said Thomas E. Perez, Assistant Attorney General for Civil Rights.
“While OSC vigorously pursues violators of this law, it also conducts an extensive public education program to train employers about fair employment practices and how to avoid discrimination against authorized workers,” adds Perez.
The video is available on the OSC Web site at www.justice.gov/crt/osc/. In addition, single copies in DVD format can be ordered by calling OSC.
Those interested in ordering the video or seeking assistance from OSC may call its toll-free employer hotline at 800-255-8155 (voice) or 800-237 -2515 (TTY) or its worker hotline at 800-235-7 688 (voice) or 800-237 -2515 (TTY).
Law Extends USCIS Programs through September 2012
Tuesday, November 24th, 2009WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) advises its customers that the
Department of Homeland Security (DHS) Appropriations Act of 2010, signed by the President on Oct.
28, 2009, extends the following USCIS programs until Sept. 30, 2012:
E-Verify, an Internet-based system operated by DHS in partnership with the Social Security
Administration (SSA), allows participating employers to electronically verify the employment eligibility
of their newly hired employees. More than 168,000 participating employers at nearly 640,000
worksites nationwide currently use the program. Since Oct. 1, 2009, more than 1.3 million
employment verification queries have been run through the system and approximately 96.9 percent
of all queries are now automatically confirmed without any need for employee action.
Under the Immigrant Investor Pilot Program, USCIS will continue to receive, process, and adjudicate
all Regional Center Proposals and Forms I-526, Immigrant Petitions by Alien Entrepreneur, and Form
I-485, Applications to Register Permanent Residence or Adjust Status, affiliated with Regional
Centers relying on “indirect” job creation analysis. Currently, there are more than 70 regional centers
throughout the United States.
The special immigrant visa category for non-minister religious workers covers those within a religious
vocation or occupation and also applies to accompanying or ‘following-to-join’ spouses and children
of non-ministers. USCIS will continue to receive and process Form 1-360, Petition for Amerasian,
Widow(er), or Special Immigrant and Form I-485, Application to Register Permanent Residence or
Adjust Status, based on Form I-360 petitions.
Finally, USCIS will continue to adjudicate immigration benefits covered by the “Conrad 30” program.
The “Conrad 30” program allows each state health department to submit a request directly to the
Department of State to initiate the waiver process for a foreign medical graduate who obtained J-1
status to change or adjust to another status without the required two-year foreign residence. The
law previously required the foreign medical graduate to have acquired J-1 status before Sept. 30,
2009; the law now extends the program to cover J-1 admissions before Sept. 30, 2012.
ICE 1,000 new workplace audits
Monday, November 23rd, 2009WASHINGTON-U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton today announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure-alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws.
“ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces,” said Assistant Secretary Morton. “We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules.”
The 1,000 businesses served with audit notices this week were selected for inspection as a result of investigative leads and intelligence and because of the business’ connection to public safety and national security-for example, privately owned critical infrastructure and key resources. The names and locations of the businesses will not be released at this time due to the ongoing, law enforcement sensitive nature of these audits.
Audits involve a comprehensive review of Form I-9s, which employers are required to complete and retain for each individual hired in the United States. I-9 forms require employers to review and record each individual’s identity and work eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and related to that specific individual.
Protecting employment opportunities for the nation’s lawful workforce and targeting employers who knowingly employ an illegal workforce are major ICE priorities, for which ICE employs all available civil and administrative tools, including audits. Audits may result in civil penalties and lay the groundwork for criminal prosecution of employers who knowingly violate the law.
In April, DHS issued updated worksite enforcement guidance emphasizing ICE’s major enforcement priorities-specifically focusing on dangerous criminal aliens and employers who cultivate illegal workplaces by breaking the country’s laws and knowingly hiring illegal workers. In this strategy, ICE identified form I-9 audits as the most important administrative tool in building criminal cases and bringing employers into compliance with the law.
Statistics since implementation of new ICE worksite enforcement strategy on April 30:
• 45 businesses and 47 individuals debarred;
o 0 businesses and 1 individual were debarred during same period in FY 2008.
• 142 Notices of Intent to Fine (NIF) totaling $15,865,181;
o ICE issued 32 NIFs totaling $2,355,330 in all of FY 2008.
• 45 Final Orders totaling $798,179;
o ICE issued eight Final Orders totaling $196,523 during the same period in FY 2008.
• 1,897 cases initiated;
o ICE initiated 605 cases during the same period in FY 2008.
• 1,069 Form I-9 Inspections;
o ICE initiated 503 Form I-9 Inspections in all of FY 2008.
In July, ICE issued 654 NOIs to businesses nationwide in the largest operation of its kind before today – part of ICE’s effort to audit businesses suspected of using illegal labor.
Statistics resulting from the 654 audits announced in July:
• ICE agents reviewed more than 85,000 Form I-9s and identified more than 14,000 suspect documents – approximately 16 percent of the total number reviewed.
• To date, 61 NIFs have been issued, resulting in $2,310,255 in fines. In addition, 267 cases are currently being considered for Notices of Intent to Fine (NIFs).
• ICE closed 326 cases after businesses were found to be in compliance with employment laws or after businesses were served with a Warning Notice in expectation of future compliance.
Source: http://www.ice.gov/pi/nr/0911/091119washingtondc2.htm
USCIS Standardizes Process for Accommodating Customers with Disabilities
Thursday, November 19th, 2009U.S. Citizenship and Immigration Services (USCIS) today announced that it has
established a streamlined, standardized process for receiving requests for accommodations from
customers with disabilities. Customers in need of accommodations from field offices and Application
Support Centers should now call the National Customer Service Center (NCSC) at 1-800-375-5283
(TDD: 1-800-767-1833).
U.S. Embassy to Resume Visa Operations in Honduras
Tuesday, November 3rd, 2009In support of the recent agreement reached in the political crisis in Honduras, Ambassador Hugo Llorens has instructed the Consular Section to re-open its Non-Immigrant Visa (NIV) Section starting November 2, 2009.
URGENT DEADLINE APPROACHING FOR NON-MINISTER RELIGIOUS WORKERS
Tuesday, October 20th, 2009Congress has temporarily extended the nonminister immigrant visa category, but only until October 31, 2009. Pub. L. 111-68 (Oct. 1, 2009). Therefore, nonminister religious workers can presently file, or have adjudicated, their I-485 applications for permanent resident, but only for the next two weeks. Congress will consider a further extension, but when, or if that happens is uncertain.
1. Consider filing for adjustment by October 30, 2009, if you did not already do so: Because of the impending cutoff date, this means that the I-485 application for non-ministers must be filed and received at the relevant CIS Service Center, not later than Friday, October 30, 2009. If you are a nonminister, or represent a nonminister, who remains otherwise eligible to adjust status under INA 245, but did not file in September when no visas were available due to the sunset of the category, you should consider submitting the adjustment of status application now. Note that pursuant to Ruiz-Diaz, an I-360 and I-485 can be filed concurrently. You must still meet the other eligibility requirements relating to qualifications, available job at a qualifying religious organization, and without having in excess of 180 days of unlawful presence/employment.
Filing the application for adjustment of status should cut off any unlawful presence /unauthorized employment that is accruing or will begin to accrue against the applicant after expiration of R-1 status. If you do not accomplish this for a nonminister whose R-1 runs out while a further extension by Congress is in limbo, your client could run past the 180 day grace period of INA 245k and be ineligible to adjust. Please refer to CIS instructions in the June 25, 2009 Neufeld memo regarding filing locations and how to mark the envelope for submission, at http://www.uscis.gov/files/nativedocuments/Ruiz- Diaz_Implementation_25jun09.pdf. Obviously, you will want to file the application at the correct office to avoid rejection.
2. SEEK EXPEDITES OF PENDING NONMINISTER I-485 APPLICATIONS: Likewise, if your nonminister religious worker I-485 is pending adjudication, you should promptly request an expedited decision so the approval issues on or before October 30, 2009. We are presently trying to confirm the best procedure to obtain such an expedite and will post this as soon as possible. If the application is not approved by October 30, adjudication cannot occur until Congress again extends the program.
Immigration Filing Fees as of July 30 2007
Wednesday, September 23rd, 2009| FORM NUMBER | TITLE | FEE | BIOMETRICS |
| I-90 | Application to Replace Permanent Resident CardIf you are filing to register at age 14 years, your existing card will not expire before your 16th birthday and you are filing within 30 days of your 14th birthday. | No Fee | No |
| If filing because your card was issued incorrectly due to USCIS error. | No Fee | No | |
| If filing because you never received your card. | No Fee | No | |
| All others | $290.00 | Yes | |
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival-Departure Document | $320.00 | No |
| I-129 | Petition for a Nonimmigrant WorkerNOTE: Certain employers filing H1-B or L-1 petitions must submit supplemental fees of $750.00 or $1,500.00 or a fraud prevention fee of $500.00. To determine if you are required to pay one or more of these fees, see Form I-129 instructions. | $320.00 | No |
| I-129F | Petition for Alien Fiancé(e)General fiancé(e) petition | $455.00 | No |
| For K-3 status based on an immigrant petition (Form I-130) filed by the same U.S. citizen husband or wife. | No Fee | No | |
| I-130 | Petition for Alien Relative | $355.00 | No |
| I-131 | Application for Travel Document (for Reentry Permit, Refugee Travel Document, or Advance Parole) | $305.00 | No |
| I-140 | Immigrant Petition for Alien Worker | $475.00 | No |
| I-191 | Application for Advance Permission to Return to Unrelinquished Domicile | $545.00 | No |
| I-192 | Application for Advance Permission to Enter as a Nonimmigrant | $545.00 | No |
| I-193 | Application for Waiver of Passport and/or Visa | $545.00 | No |
| I-212 | Application for Permission to Reapply for Admission Into the United States After Deportation or Removal | $545.00 | No |
| I-290B | Notice of Appeal or Motion | $585.00 | No |
| I-360 | Petition for Amerasian, Widow(er) or Special ImmigrantIf filing for an Amerasian special immigrant. | No Fee | No |
| If self-petitioning as a battered or abused spouse, parent or child of a U.S. citizen or lawful permanent resident. | No Fee | No | |
| If filing for a special immigrant juvenile. | No Fee | No | |
| All others | $375.00 | No | |
| I-485 | Application to Register Permanent Residence or Adjust StatusIf filing for adjustment as a refugee. | No Fee | No |
If under the age of 14 years and –
|
$600.00 | No | |
| $930.00 | No | ||
| If filing for adjustment and over the age of 79 years. | $930.00 | No | |
| All others | $930.00 | Yes | |
| I-485A | Supplement A to Form I-485, Adjustment of Status Under Section 245(i)If under the age of 17 years. | No Fee | No |
| If an unmarried son or daughter of a legalized alien and under the age of 21 years. | No Fee | No | |
| If the spouse of a legalized alien under the Family Unity Program. | No Fee | No | |
| All othersNOTE: No biometric services fee is required when filing this form. However, the biometric services fee must be paid when filing the related I-485 application. | $1,000.00 | No | |
| I-526 | Immigrant Petition by Alien Entrepreneur | $1435.00 | No |
| I-539 | Application to Extend/Change Nonimmigrant Status | $300.00 | No |
| I-589 | Application for Asylum and for Withholding of Removal | No Fee | No |
| I-600A | Application for Advance Processing of Orphan PetitionNOTE: Biometric services fee must be paid for the applicant, his or her spouse (if applicable) and each adult household member, 18 years or older.Previously Approved Form I-600A: If you already have an approved Form I-600A that is about to expire and you have not yet filed a Form I-600 petition, you can request one free extension of your Form I-600A. You must submit a written request to the USCIS office that adjudicated the initial I-600A. The request must be received no earlier than 90 days prior to the expiration of the Form I-600A approval, but before the Form I-600A approval notice expires. | $670.00 | Yes |
| I-600 | Petition to Classify Orphan as an Immediate RelativeIf based on an approved I-600A filed within the previous 18 months. | No Fee | No |
| If based on a pending I-600A. | No Fee | No | |
| All othersNOTE: When petition is for siblings, only one Form I-600 with one fee ($670.00) is required. However, biometric services fee must also be submitted for the petitioner’s spouse (if applicable) and each adult household member over the age of 18 years. | $670.00 | Yes | |
| I-601 | Application for Waiver of Grounds of InadmissibilityNOTE: Only a single application and fee required when applying simultaneously for a waiver of health related inadmissibility grounds under section 212(h) or 212(i) of the INA. | $545.00 | No |
| I-612 | Application for Waiver of Foreign Residence Requirement | $545.00 | No |
| I-687 | Application for Status as a Temporary Resident Under Section 245A of the INA | $710.00 | Yes |
| I-690 | Application for Waiver of Grounds of Inadmissibility (For legalization and special agricultural worker applicants) | $185.00 | No |
| I-694 | Notice of Appeal of Decision Under Section 210 or 245A | $545.00 | No |
| I-695 | Application for Replacement of Form I-688A, Employment Authorization, or Form I-688, Temporary Residence Card (under P.L. 99-603) | $130.00 | No |
| I-698 | Application to Adjust Status From Temporary to Permanent Resident(Under Section 245A of the INA)If filed within 31 months from the date of adjustment to temporary residence.NOTE: The adjustment date is the date of filing of the application for permanent residence or the applicant’s eligibility date, whichever is later. | $1,370.00 | Yes |
| If filed after 31 months from date of approval of temporary resident status. | $1,410.00 | Yes | |
| I-730 | Refugee/Asylee Relative Petition | No Fee | No |
| I-751 | Petition to Remove Conditions on ResidenceNOTE: Each conditional resident child listed on the form who is seeking to remove their conditional status is required to submit the biometric service fee regardless of age. | $465.00 | Yes |
| I-765 | Application for Employment AuthorizationSee form instructions for numerous fee exemptions. | $340.00 | No |
| I-817 | Application for Family Unity BenefitsIf under the age of 14 years. | $440.00 | No |
| All others | $440.00 | Yes | |
| I-821 | Application for Temporary Protected StatusInitial (first time) applicants. | $50.00 | Yes (see NOTE) |
| Re-registration or renewal applicants.NOTE: Applicants between ages 14 and 65 years, inclusively, if filing for employment authorization must pay the required application fee. (See I-765, Application for Employment Authorization Document.)Applicants under 14 years of age and not filing for an employment authorization document are exempt from paying a biometrics fee. | No Fee | Yes (see NOTE) | |
| I-824 | Application for Action on an Approved Application or Petition | $340.00 | No |
| I-829 | Petition by Entrepreneur to Remove ConditionsNOTE: Each conditional resident child listed on the form who is seeking to remove their conditional status is required to submit the biometric service fee regardless of age. | $2,850.00 | Yes |
| I-881 | Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100, NACARA)If filed with USCIS | $285.00 | Yes |
| Maximum payable by family when filed together (spouses and unmarried children) | $570.00 | Yes | |
| If filed with the Immigration Court (Executive Office of Immigration Review).See form’s instructions for detailed fee information.NOTE: Single fee will be charged by the court whenever applications are filed by two or more applicants in the same proceedings. Fee not required if USCIS refers the application to the Immigration Court. Applicants filing with Immigration Court must submit a biometric services fee payable to Department of Homeland Security. | $165.00 | Yes | |
| I-905 | Application for Authorization to Issue Certification for Health Care Workers | $230.00 | No |
| I-907 | Request for Premium Processing ServicesNOTE: This fee is in addition to the required filing fee for the related application or petition. | $1,000.00 | No |
| I-914 | Application for T Nonimmigrant StatusIf under the age of 14 years. | No Fee | No |
| All other first time applicants. | No Fee | No | |
| N-300 | Application to File Declaration of Intention | $235.00 | No |
| N-336 | Request for Hearing on a Decision in Naturalization Proceedings(Under Section 336 of the INA) | $605.00 | No |
| N-400 | Application for NaturalizationIf filing through service in the U.S. Armed Forces (relating to Sections 328 or 329of the INA). | No Fee | No |
| All others | $595.00 | Yes | |
| N-410 | Motion for Amendment of Petition (Application) | $50.00 | No |
| N-470 | Application to Preserve Residence for Naturalization Purposes | $305.00 | No |
| N-565 | Application for Replacement Naturalization/Citizenship Document | $380.00 | No |
| N-600 | Application for Certificate of CitizenshipIf filing for an adopted child | $420.00 | No |
| All others | $460.00 | No | |
| N-600K | Application for Citizenship and Issuance of Certificate Under Section 322If filing for an adopted child | $420.00 | No |
| All others | $460.00 | No | |
| N-644 | Application for Posthumous Citizenship | No Fee | No |
If the instructions on the form state that you must pay a fee, use the table above to find the fee. The forms and fees are listed in numerical order. To avoid processing delays, please include the correct fee when you file your form with USCIS. If you do not submit the appropriate fee on or after the effective date, we will reject the form. You will need to resubmit theform with the new fee.
Biometric Services Fee
If the form you are filing requires biometric services, you must pay an additional $80.00 fee. This fee is to pay for USCIS to take your fingerprints, and if necessary, your photograph and signature.
See “Biometrics” on the Fee Schedule above to determine if you must pay a biometric services fee. If “Yes,” read “What Is the Filing Fee” on the instructions of the form you are filing for additional information.
The biometrics fee is in addition to the form’s base filing fee and must be paid at the time of filing. Fees for forms and biometric services may be paid by one check or money order, or separate check or money order. Unless otherwise instructed, make the check or money order payable to Department of Homeland Security.
Fee Waiver for Certain Forms
Persons financially unable to pay the base filing fee or required biometric services fee may submit a fee waiver request as described in 8 CFR, section103.7(c).
You may request a fee waiver on the following forms:
1. I-90, I-751, I-765, I-817, N-300, N-336, N-400,N-470, N-565, N-600, N-600K; and
2. I-290B, if related to an appeal or motion filed with USCIS concerning one of the other fee waiver-eligible forms; and
3. I-485 – only in the case of an alien in T (victims of human trafficking) or U (victims of a violent crime who assist in the prosecution) in lawful nonimmigrant status, an asylee, an approved self-petitioning battered or abused spouse, parent or child of a U.S. citizen or lawful permanent resident; and
4. I-485 – an applicant who does not have to show he or she will not become a public charge foradjustment of status purposes according to section 212(a)(4) of the Immigration and Nationality Act (INA), as amended.
NOTE: Granting of a fee waiver is at the sole discretion of USCIS
