E-3 visa

January 15, 2010

UPDATE on the Federalized Process for Obtaining PWD Requests

Effective January 21, 2010, the Department of Labor’s iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.

Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.

BACKGROUND – On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration’s (ETA) appropriate National Processing Center (NPC)–which was designated as the Chicago NPC.

December 24, 2009

Alternatives to the H-1B Visa for Individuals who did not make the H-1B Quota

by Kellie N. Lego

Now that all of the new H-1B visas for the 2010 Fiscal Year have been allocated, What options do Employers who are looking to hire Foreign National Professionals have?

Here are some creative solutions to this problem:

O-1 Visa

December 8, 2009

Federalized Process for Obtaining PWD Requests

by Kellie N. Lego

Effective January 1, 2010, the Office of Foreign Labor Certification (OFLC) National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC, will receive and process prevailing wage determination (PWD) requests for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs.

On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration’s (ETA) appropriate National Processing Center (NPC)–which was designated as the Chicago NPC.

Furthermore, beginning on January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.

October 8, 2008

The E-3 Australian Professional Visa

by Kellie N. Lego

The E-3 visa is a visa granted to Australian professionals for specialty occupations. The procedure of obtaining an E-3 visa is very similar to that of obtaining an H-1B visa; however, not everything is similar.

The requirements to obtain an E-3 visa are the same as those for an H-1B visa, with one difference; they include the attainment of a bachelor’s degree or higher and a job offer in a field of highly specialized knowledge, and most importantly the individual must be an Australian citizen. All of the forms used for an H-1B filing, are utilized in an E-3 filing; specifically, the LCA, and Form I-129.

With an E-3 visa, the validity period may only be granted for a term of two years; whereas, with the H-1B, the validity period is for a term of three years. Additionally, there is no automatic extension of work authorization while an E-3 visa extension application is pending. Individuals in E-3 status are not covered by 8 CFR 274a.12(b)(20), which provides authorization to continue employment with the same employer while a timely filed application for extension of stay is pending. Premium processing also does not apply to E-3 visa holders. Therefore, E-3 extensions of stay should be filed a full six months ahead of expiration. If an extension of stay application is pending when an individual’s current E-3 status expires, they must be taken off payroll until the petition is approved.