In the latest in a series of decisions addressing the proper allocation of travel and immigration fee expenses between employers and employees utilizing the H2A agricultural guestworker program, the Court of Appeals for the Ninth Circuit ruled an employer must reimburse an H2A worker for the employee’s travel and immigration expenses in the initial
wage
Employers May Encounter Potential Issue with Obtaining H-1B Visas
By Nicola Ai Ling Prall on
Posted in US Immigration
Reports have surfaced that some U.S. consulates are denying H-1B visa applications on the ground that the certified Labor Condition Application referenced the incorrect wage level for the position. This can mean significant staffing issues for employers expecting workers on H-1B visas.
In about a month, beneficiaries of FY 2014 H-1B petitions will be able
…
DHS and DOL Jointly Issue Interim H-2B Wage Methodology Rule
By Otieno B. Ombok on
Posted in US Immigration
The Department of Homeland Security and the Department of Labor have issued a joint interim final rule that establishes a new methodology for calculating prevailing wages under the H-2B low-skilled, nonagricultural guestworker program. This is in response to a March 21 district court decision, in Comité de Apoyo a los Trabajadores Agricolas v. Solis, vacating…
Federal District Court Finds J-1 Exchange Visitors May Be Protected under Federal Minimum Wage Provisions
By Jackson Lewis P.C. on
Posted in US Immigration
AUTHOR : Melina V. Villalobos
The Fair Labor Standards Act minimum wage provisions may apply to J-1 Exchange visitors regardless of their immigration status, a federal District Court for the Middle District of Florida has held. Chaturong Jatupornchaisri v. Wyndham Vacation Ownership, Inc., 2012 U.S. Dist. LEXIS 63633 (M.D. Fla. May 7, 2012). The FLSA…
The Politics of Wage Rate Determinations For Temporary Foreign Workers
By Jackson Lewis P.C. on
Posted in US Immigration
The Department of Labor’s Employment and Training Administration has issued a final rule delaying the effective date of a new H-2B wage calculation regulation.
Throughout 2011, the DOL and the Small Business Association (among other interested groups) have been at odds over the proposed change to the way prevailing wages are calculated for H-2B workers.…
Effects of Prevailing Wage Determination Delays on Foreign Workers’ Status
By Jackson Lewis P.C. on
Posted in US Immigration
Traditionally, it takes approximately four weeks to get a Prevailing Wage Determination from the NPWC. There has never been a way to expedite issuance of a Prevailing Wage Determination. The wait is now longer.
Continue Reading Effects of Prevailing Wage Determination Delays on Foreign Workers’ Status