ImmInfo Newsletter
Contents   Vol. 4, No. 23,
December 1, 20
10
  • New DOL prevailing wage information on itinerant workers  

  • How bad is the India EB2 backlog? You may be pleasantly surprised.

  • US posts in India now allow applications anywhere in the country 

  • Why you cannot rely on USCIS policy memos

 

 

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New DOL prevailing wage information on itinerant workers   

At the October 28, 2010 DOL Stakeholder’s meeting, the DOL addressed the issue of higher prevailing wage findings for jobs that involve travel:

“DOL states that it has had a long-standing practice of viewing travel as a special requirement. If travel is significant, and not typical to the occupation or industry, DOL will add a point when determining a prevailing wage. DOL indicated that there is no threshold that will push an extra point for travel. DOL looks to O*NET and OES to determine if travel is a normal requirement for a position. DOL stated that it is not in a position to make subjective determinations outside of these sources as to whether travel is a normal requirement for the position. DOL will err on the side of a higher wage where there is a grey area. DOL voiced its concern about the effect a travel requirement might have on the U.S. worker and recruitment. AILA raised its concerns that DOL is not taking into consideration the normal job requirements in a changing and more global economy, and is adding points if O*Net is silent on the issue of travel. AILA will provide more information/suggestions to DOL on this issue.” 

To read the full article, click here

How bad is the India EB2 backlog? You may be pleasantly surprised. 

The conventional Internet wisdom is that the India EB2 backlog is going to stretch out for many, many years and that applicants should abandon all hope. This is nonsense. The reality of the situation is that there is significant cause for optimism. This conclusion is based on an analysis of recent visa issuance, reporting of backlogs, and quite a bit of anecdotal evidence. 

To read the full article, click here

US posts in India now allow applications anywhere in the country 

In a welcome development, the US Embassy in India just announced a new policy that allows Indian residents to apply for nonimmigrant visas at any US consular post in India, irrespective of their home address. The text of the press release (found at http://newdelhi.usembassy.gov/pr111810.html) states: 

To read the full article, click here

Why you cannot rely on USCIS policy memos

Like its predecessor, the USINS, the USCIS refuses to follow the law and publish proper regulations implementing Congressional statutes. For example, the national interest waiver legislation passed by Congress in 1991 still does not have implementing regulations. The important AC21 legislation, signed into law in October, 2000 has remained without regulations for more than a decade. 

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