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H2b visa sponsors 2024 Form: What You Should Know

LFLC Requests Review of LFLC Petition: USCIS May Not Recognize Electronic Notification of Labor Condition Application, As Required by the H-2B Nonimmigrant Student Program May 09, 2024 — As a result of the implementation of the new H-2B nonimmigrant student program under the U.S. Farm Bill and the new E-Verify implementation requirements, the Department of Labor has determined that employers of H-2B nonimmigrant agricultural workforce contractors are not required to issue electronic notification of the application for and acceptance of an LFLC petition to hire H-2B nonimmigrant farmworkers in order to obtain an individual's status as a nonimmigrant. These employers are not required to notify the Department of Labor that they have hired the worker if they plan to rely on E-Verify. LFLC Petition: Do Employers Need to Send Electronic Notification of Labor Condition Application in Order to Obtain a Labor Claim Worker Status for H-2B Nonimmigrant Agricultural Labor Contractors? March 31, 2024 — The Agricultural Adjustment Visas (visas) program may not be abused, if the visa holder is not required to submit electronic notification for an LFLC petition when the visa was issued, as required under the H-2B Nonimmigrant Student Program's new E-Verify implementation. The Department of Labor and USCIS have both changed their enforcement policies concerning Electronic Notification of Labor Condition Application (ELLA). The Labor Condition Application (LCA) requirement changed under the Farm Bill, as the Farm Bill required a new electronic system to be implemented in order to protect U.S. workers from being replaced by foreign labor. The new Electronic Labor Claim System (LCS) also must comply with the requirements of section 8(a)(3) of the Act. In addition, the Labor Department now has specific requirements regarding which employers must submit the LCA, and what kind of information must be included in such applications to ensure they comply with the Act. The Department of Labor and USCIS are now also providing a notice to USCIS that some new E-Verify requirements will be in effect for LFLC employers beginning in July 2012. The Labor Department is now requiring applicants to submit electronic notification of LFLC petitions, as of July 1, 2012, and to certify that they are not using E-Verify.

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