Mark A Ivener, A Law Corporation

Category: H Visas


H-4 Employment Authorization

On February 24th, 2015 the United States Citizenship and Immigration Services (USCIS) announced they will extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking lawful permanent resident status. USCIS will begin accepting applications on May 26, 2015. Individuals who are eligible to apply must meet one of the… Read More

DOL Elaborates on Procedures Under Comite de Apoyo Decision Re H-2B Prevailing Wages

In response to inquiries, the Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) recently elaborated on the procedures for implementing the decision in Comite de Apoyo a los Trabajadores Agricolas et al. v. Solis, No. 14-3557 (3d Cir.). That decision invalidated DOL regulations authorizing employers to use employer-provided wage surveys for prevailing wage… Read More

USCIS Adds Five Countries To H-2A, H-2B Visa Program Participation

U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security, in consultation with the Department of State, have added the Czech Republic, Denmark, Madagascar, Portugal, and Sweden to the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for the coming year. The notice listing the… Read More

DOL Announces 2015 H-2A Adverse Effect Wage Rates

On December 19, 2014, the Department of Labor’s (DOL) Office of Foreign Labor Certification published a notice (PDF) in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state, based on the Farm Labor Survey conducted by the Department of Agriculture. The AEWRs are the minimum hourly wage rates the DOL has… Read More

USDA Releases 2014 Farm Labor Survey, Used for H-2A Adverse Effect Wage Rates

The U.S. Department of Agriculture (USDA) recently issued the Farm Labor Survey (FLS) report establishing the average annual wage rates, by region and the United States, for field and livestock workers. The Department of Labor relies on the average annual combined hourly wage for field and livestock workers to establish the Adverse Effect Wage Rates… Read More