U.S. Citizenship and Immigration Services today announced a Federal Register notice (FRN) providing updated procedures for submitting a Form I-140, Immigrant Petition for Alien Workers, accompanied by a permanent labor certification, application for Schedule A designation, or national interest waiver (NIW) request.
On June 1, 2023, the U.S. Department of Labor (DOL) implemented a new system for permanent labor certifications, called the Foreign Labor Application Gateway (FLAG), and revised the Application for Permanent Employment Certification (Form ETA-9089) for use within the FLAG system. The revised Form ETA-9089 collects more detailed information about the job opportunity, including specific worksite locations, telecommuting options, and the foreign worker’s qualifications. Employers who file Form ETA-9089 through the FLAG system and who receive a labor certification approval generally receive a 2-page Final Determination from DOL electronically.
The instructions to Form ETA-9089 state that only a signed Final Determination must be submitted with the Form I-140 petition as evidence of a permanent labor certification approval. This limited requirement is because, as a part of this process change, USCIS receives most of the information about the permanent labor certification directly from DOL under a data sharing agreement.
USCIS is announcing through this FRN that employers whose labor certifications were processed in the FLAG system must include a printed copy of the electronic Final Determination with their Form I-140, and that USCIS will consider this printed copy as an original, approved labor certification. The Final Determination must be completed and electronically signed by DOL, and must be signed by the foreign worker, employer, and the employer’s attorney or agent, if applicable. In addition, the FRN states that Form I-140 petitions for Schedule A occupations must contain a completed, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a valid prevailing wage determination tracking number in Section E, Item 1 of the Form ETA-9089. Finally, the FRN states that a Form I-140 petition with an NIW request must contain a copy of the Form ETA-9089, Appendix A, and a signed Final Determination.
Since June 1, 2023, USCIS has been adjudicating Form I-140 petitions filed with permanent labor certification Final Determinations, Schedule A applications, and NIW requests using the edition of the Form ETA-9089 and applicable appendices, developed for the FLAG system, so this FRN does not change any operations or processes. Instead, this FRN is meant to make the public aware of the new documentary requirements for permanent labor certification approvals, Schedule A applications, and NIW requests submitted with Form I-140 petitions following the implementation of the FLAG system.Find more information on the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers and Checklist of Required Initial Evidence for Form I-140 webpages.
The Vermont Language Justice Project enables people who do not speak or read English to make informed decisions about their health and those of their families. We do this by providing public service videos and audio files in up to 19 languages spoken here in Vermont. This media is co-produced with trusted community members from Vermont’s refugee, migrant and immigrant communities. These messages are shared widely through YouTube, What’s App and local school district robo call systems. Check us out. Put them up on your websites. The script is in the description of each video. We will be adding to them frequently. Thank you. If you have any questions or just want to be in touch, please email us at vljp@cctv.org . Our website is vtlanguagejustice.org
The Department of Homeland Security has announced a final rule amending regulations affecting the H-2A temporary agricultural and H-2B temporary nonagricultural programs. The final rule significantly strengthens worker protections by, among other things, imposing new consequences on companies that charge prohibited fees or violate our labor laws, and provides greater flexibility for H-2A and H-2B workers.
What You Need to Know The final rule:
Revises and clarifies the provisions regarding prohibited fees by strengthening the existing bar on charging certain fees to H-2A and H-2B workers, including by imposing new consequences for companies that charge these fees and denying their H-2 petitions in certain circumstances;
Institutes certain mandatory and discretionary grounds for denying an H-2A or H-2B petition filed by a petitioner who, among other things, has been found to have committed certain labor or other legal violations or misused the H-2 programs;
Provides H-2A and H-2B workers with “whistleblower protection” comparable to the protection that is currently offered to H-1B workers;
Clarifies requirements for petitioners and employers to consent to, and fully comply with, USCIS compliance reviews and inspections;
Clarifies USCIS’ authority to deny or revoke the approval of a petition if USCIS is unable to verify information related to the petition, including where such inability is due to lack of cooperation from a petitioner or an employer during a site visit or other compliance review;
Provides portability, meaning that eligible H-2 nonimmigrants can immediately begin to work with the same or a new employer after properly filing an H-2 petition for new employment requesting to amend the H-2 nonimmigrant’s stay in the same classification, rather than only upon its approval;
Removes the requirement that USCIS may generally only approve petitions for H-2 nonimmigrant status for nationals of countries designated as eligible to participate in the H-2 programs, eliminating the need for DHS to compile and publish annual lists of designated countries.
Simplifies the rules regarding the effect of a departure from the United States on the 3-year maximum period of stay for workers participating in the H-2 programs, by eliminating the “interrupted” stay provisions and instead providing a uniform period of absence from the United States (at least 60 days) to reset the 3-year clock.
In order to implement this rule, a new edition of Form I-129, Petition for a Nonimmigrant Worker will be required for all petitions beginning Jan. 17, 2025, which is the rule’s effective date.
More Information Protect yourself from immigration scams. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Visit the Avoid Scams page for information and resources.
A new group of ESOL providers in Manchester who meet monthly at the Center for New Americans at Southern New Hampshire University. The group is trying to shorten waitlists, share resources and better serve their clients.
“Navigating the options that students have right now is really difficult,” said Courtney Perron who leads the coalition. “What classes are available? What do they cost? Where are they? Are they going to fit in? My, you know, second and third first shift job schedule.”
To help people sort that out, the coalition is building out a website that will show potential students which programs might have openings or shorter wait times and encourage more students to enroll.
The coalition is hoping to launch their website in February. With a centralized list of resources, they’re hoping they can help more students get into English classes.
“The value that a new American brings into this community specifically is so broad and so impactful,” she said. “All we have to do is unlock that language door.”
Join Us for an Inspiring discussion on Labor issues facing immigrants in NH with Ana Maria Rogers, Community Outreach & Resource Planning Specialist, D.O.L, Wage and Hour Division
Welcoming NH November Table Meeting Thursday, November 14 | 9:00–11:00 AM | Via Zoom
We are excited to have Ana Maria Rogers join us for an important conversation about the challenges facing immigrants and marginalized communities in New Hampshire, including the misclassification of workers and the threat of retaliation in the workplace. These issues can significantly impact employment rights, pay, and overall well-being.
This meeting will be an excellent opportunity to connect with others who are passionate about creating a more inclusive and welcoming NH. You’ll have the chance to network, share ideas, and hear updates from others working to support immigrants and marginalized groups in our state.
Together, we can make New Hampshire a place where everyone thrives, with a special focus on ensuring immigrants are welcomed, supported, and empowered.
If you’re not already on the Welcoming NH Table mailing list, or if you’d like to join us for this event via Zoom, please reach out to us at: welcomingnh@miracoalition.org.
We look forward to seeing you there and working together for a brighter, more inclusive future!
