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According to the Labor Department:

Unless the job opportunity for which certification is sought is covered by a Collective Bargaining Agreement or professional sports league's rules or regulations, the employer may request the State Workforce Agency use an employer-provided survey, or Davis-Bacon Act or McNamara-O'Hara Service Contract Act wage rate, if appropriate.

Yes.  Chileans are still eligible to apply for traditional H-1B visas.  Chileans are not required to apply for H-1B1 visas.

What should I do if I do not have a case number because I never received a 45-day letter or any correspondence from a Backlog Elimination Center (BEC)?

According to the Labor Department:

Please see the procedure regarding "No BEC Contact" here: backlog_faqs_09-11-06_nobec.pdf (PDF, 47K)

According to the Labor Department:

The Department of Homeland Security and a Consul of the Department of State have the authority to invalidate an issued labor certification if a determination is made, either in accordance with the agencies' procedures or by a court, that fraud or willful misrepresentation of a material fact involving the labor certification application exists.

The following is a US-VISIT Fact Sheet published by the U.S. Department of Homeland Security on December 30, 2005.

B.C. tourism officials are bracing for Jan. 23, when a new U.S. law takes effect requiring people travelling by air to have a passport to enter the U.S.

Tourism Vancouver president Rick Antonson said there are concerns the law will deter many short-term U.S. visitors because most of them don't have the passports they would need to get home again.

» original article

According to the Labor Department:

In order to file permanent labor certification applications on-line, the employer must have a Permanent Online System account, username, password, and PIN. The account allows for the preparation and management of applications on-line, the username and password are necessary to access the account, and the PIN is required to submit applications on-line.

Permanent Online System account

An account is created after an employer has submitted registration information on-line at www.plc.doleta.gov and the employer information is verified by DOL. Account creation is a means by which to control filing authorization and to provide account holders filing management capabilities. An employer must be registered and be in possession of a PIN in order to file applications on-line. Upon verification of the employer's information, a password and confirmation of the account holder's username are sent to the employer in one email and, for security reasons, the PIN in another. It must be noted that upon accessing the account for the first time, the system requires the DOL password be changed to a new password. It is critical that the employer be aware of and know the new password, as only an individual in possession of the account's valid username and password is able to access the account.

Sub-account

The holder of a Permanent Online System account is able to create multiple sub-accounts with individual usernames and passwords for persons authorized by the employer to file applications in its name, to include attorneys and agents. It is a means by which to provide the employer the security of ensuring only persons authorized by the employer are filing on the employer's behalf. In creating a sub-account, the employer is able to designate whether the sub-account holder is the employer's employee, the employer's agent or the employer's lawyer. The employer is also able to designate the level of security access available to the sub-account holder.

NOTE: While the employer is permitted the opportunity to designate persons to represent the employer in the application filing process, the employer must recognize that ultimate responsibility for the accuracy of all representations made by such designated persons rests with the employer. Therefore, the employer is encouraged to establish measures designed to ensure only legitimate dissemination and use of account information.

Students may leave the United States and be readmitted after absences of five months or less. Upon your return to the United States, you should provide immigration inspectors with:

• A valid passport.
• A valid F-1 entry visa stamped in the passport (if necessary).
• A current SEVIS Form I-20 ID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students) signed by your appropriate school official (you should have the appropriate school official sign your SEVIS Form I-20 each time you wish to temporarily travel outside the United States).
• A new SEVIS Form I-20 A-B/I-20 ID if there have been any substantive changes in your course of study or place of study.
• Proof of your financial support.

When making your travel plans, please remember that you must be a full-time student to keep your F-1 student status. You will be considered to be "in status" if you take the annual summer vacation, as long as you are eligible and intend to register for the next school term.

In general, "anyone can apply for a [temporary] visa in Moscow or the other U.S. Consulates in the Russian Federation" even if one is not a Russian citizen. However, one's chances of having the visa approved are lower when one does not apply in one's home country because U.S. Consular officials may not be able to properly evaluate the application for non-Russian citizens, so one's chances of approval may be lower outside of one's home country. The U.S. Embassy states:

While anyone can apply for a visa in Moscow or the other U.S. Consulates in the Russian Federation, it will be more difficult for a consular officer to determine the eligibility of visa applicants who are not residents of the consular district where the interview is conducted. On the other hand, a consular officer should be able to evaluate the visa qualifications of non-Russian citizens who live in Russia just as easily as those of Russian applicants.

The Board of Alien Labor Certification Appeals (BALCA) ruled (on or about December 7, 2006) that experience gained by the employee, beneficiary, with a prior employer may be disqualified if the sponsoring employer and the prior employer have a close relationship.  The general rule is that experience gained with the sponsoring employer can not be considered, absent special circumstances, as experience to qualify the beneficiary for the job offered in the labor certification.  In this ruling, BALCA has effectively held that experience with a prior employer will likewise be disqualified if the sponsoring employer has a close relationship with the prior employer.  In Matter of Harvest Office Services, Inc., 2005-INA-111 (12/7/06),

Fifty Bosnians and Croatians became U.S. citizens at the federal courthouse in St. Louis during a special ceremony Friday.

They struggled for years to become U.S. citizens. All are all disabled, and most don't speak English. Only a court fight let them bypass the normal citizenship tests written in English.

The new citizens are part of a community of some 40,000 Bosnians and Croatians who settled in St. Louis after fleeing the genocide in their home countries that raged during the 1990s. Most arrived in 1998.

» original article

The message on my Corrections List states, "Failed Existence Check: Employer's address/phone number does not reference back to employer's name." What should I do to resolve this problem?

According to the Labor Department:

You must submit a copy of the employer's articles of incorporation, business license, state registration, or other official documents that establish the employer as a bona fide business entity at a specific address to the appropriate Backlog Processing Center.

The following is list of professions which qualify for TN status under NAFTA, and the applicable minimum education requirements and alternative credentials. The U.S. State Department notes:

With some exceptions, each profession requires a baccalaureate degree as an entry-level requirement. If a baccalaureate is required, experience cannot be substituted for that degree. In some professions, alternative criteria to a bachelor's degree is listed. For some professions, experience is required in addition to the degree.

TN status is available for certain professionals from Canada and Mexico who will be entering the U.S. to work in certain professions which appear in certain professions listed in the NAFTA treaty

The USCIS has published a Fact Sheet regarding travel outside the United States by Asylum Applicants, Asylees, or Lawful
Permanent Resident who obtained Lawful Permanent Resident status based on Asylum Status. The USCIS notes:

Under the general rule, a foreign national must present a passport, when entering the U.S., which is valid for at least six months beyond the date the individual intends to depart the U.S. However, the U.S. has agreements with certain countries which exempts the citizens of those countries from this rule. Citizens of these exempt countries must still present a valid passport when entering the U.S.

The U.S. State Department further advises citizens of exempt countries:

If the passport is not valid for the duration of your stay, you will be required to apply for a new passport from your Embassy while in the U.S. If your visit will be of short duration during which time your passport will expire, we recommend that you obtain a new passport before traveling as you will be admitted only until the date on which the passport expires. Such action before you depart for the U.S. will save you the inconvenience of applying not only for a new passport, but also an extension of stay.

The countries whose citizens are exempt from the six month rule are as follows:

I've already e-mailed a request about a "no contact" case to the "no BEC contact" e-mail address prior to this announcement, but have not heard anything, should I send another request?

According to the Labor Department:

No. BECs did not process e-mail to these boxes pending the release of this procedure. You should receive an initial acknowledgement of your request soon, depending on the volume of cases.

The H-1B1 is a special visa for citizens of Chile only. It is similar to an H-1B visa.

Does the Prevailing Wage used to establish a pattern of recruitment need to be 100% of the current prevailing wage for the occupation?

According to the Labor Department:

Yes, as per current regulation governing recruitment for Foreign Labor Certification applications, recruitment should be done at 100% of the prevailing wage.

U.S. Immigration law (Sec. 101(a)(42) of the Immigration and Nationality Act) defines refugee as follows:

(A) any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or