NEWS AND UPDATES
1. EB-3 Visa for Professional, Skilled, or Unskilled Workers
EB-3 immigrant visas allow certain professional workers, skilled workers, and unskilled workers to obtain a U.S. green card or permanent resident status.
EB-3 Visa for Professional, Skilled, or Unskilled Workers | AllLaw
2. Permanent Labor Certification
What is the Permanent Labor Certification Process? Permanent Labor Certification | U.S. Department of Labor (dol.gov)
PERM Prevailing Wage: All you need to know
PERM Prevailing Wage | Process and Determination | VisaNation (immi-usa.com)
3. Updated List of Tests and Scores for Foreign Health Care Workers (as of May 24, 2022)
Updated List of Tests and Scores for Foreign Health Care Workers (as of May 24, 2022) | HRSA
4. Health Care Worker Certification
A foreign nurse may present a certified statement from the Commission on Graduates of Foreign Nursing Schools (CGFNS) or an approved equivalent independent credentialing organization if it verifies that the foreign nurse:
- • Has a valid and unrestricted license in the State of intended employment.
- • Intends to be employed in a state that verifies that foreign licenses are authentic and unencumbered.
- • Passed the National Council Licensure Examination (NCLEX); and
- • Graduated from certain English language nursing programs.
Health Care Worker Certification | USCIS
5. H-2B Program
The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peakload need or intermittent need. The H-2B program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved H-2B labor certification. The H-2B program also establishes certain recruitment and displacement standards in order to protect similarly employed U.S. workers.
H-2B Program | U.S. Department of Labor (dol.gov)
H-2B Program Procedures for Temporary Non-Agricultural Workers
The first step for an employer or their POC to start listing a job order on the PA CareerLink® automated system is to register their company. Registration is easy. Go to www.PACareerLink.pa.gov, click on the Register link in the top right-hand corner.
After the company is registered, listing a job posting on the automated system is easy. Go to the PACareerLink® homepage, www.PACareerLink.pa.gov, and click on the sign in link at the top right hand corner and enter your Keystone ID and password. Once inside the business folder click on the “My Job Posting” link at the top menu bar and scroll down to “Create Job Posting”. Fill out the necessary information and click “Submit”. The job posting will be posted in the employer’s business folder under “Job Postings”. For all H2B job postings the status will remain new/pending until the Foreign Labor Certification Unit receives a Notice of Acceptance Letter from the Chicago National Processing Center.
PA Foreign Labor Certification Program
PART 655 – TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES
(a) An employer seeking certification under this subpart must establish that its need for non-agricultural services or labor is temporary, regardless of whether the underlying job is permanent or temporary.
(b) The employer’s need is considered temporary if justified to the CO as one of the following: A one-time occurrence; a seasonal need; a peakload need; or an intermittent need, as defined by DHS regulations. Except where the employer’s need is based on a one-time occurrence, the CO will deny a request for an H-2B Registration or an Application for Temporary Employment Certification where the employer has a need lasting more than 9 months.
(c) A job contractor will only be permitted to seek certification if it can demonstrate through documentation its own temporary need, not that of its employer-client(s). A job contractor will only be permitted to file applications based on a seasonal need or a one-time occurrence.
(d) Nothing in this paragraph (d) is intended to limit the authority of the Secretary of Homeland Security, in the course of adjudicating an H-2B petition, to make the final determination as to whether a prospective H-2B employer’s need is temporary in nature.
eCFR :: 20 CFR Part 655 — Temporary Employment of Foreign Workers in the United States