The Standards for Prevailing Wage Determination and the Employment-Based Immigration

The Standards for Prevailing Wage Determination and the Employment-Based Immigration

In employment-based nonimmigrant visas and immigration processes, the standards for prevailing wage determination are critically important in that the identical prevailing wage which is required for certain foreign workers applies to all the cities, villages, and counties or other local entities, for a given metropolitan area.

The change of work site for the same employer as affected by the employer's relocation within the metropolitan statistical area is not a 'material' change under the immigration regulation and does not affect the non-immigrant's current employment-based nonimmigrant status, and approved labor certification or immigrant petitions, even though the rules require either report of the change of address for the employer when extension of their nonimmigrant status is filed with the same employer or amendment of the approved I-140 petition.

Additionally, some outlying areas can be included or excluded in the metropolitan statistical area depending on the standard and definition of the metropolitan area or metropolitan statistical area. In 2009, a committee published in the federal register its recommendation for the new standards of metropolitan area and metropolitan statistical area of 2010 to change the decade-old standards of 2000.

After a careful study and consideration of the comments which had been received, the White House OMB has finally decided to accept the recommendation as the new standards for determination of metropolitan statistical areas. This determination will be published on Monday, 06/28/2010.

Considering its impact on the employment-based immigration practices, practitioners, employers, and foreign workers may review this new standards which are incorporated in the 2009 federal register notice. Readers may revisit our report in 2009 to review the 2009 recommendation.

http://www.greencardapply.com/news/news10/news10_0628.htm

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