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USCIS Updates FY2020 H‑2B Cap Count

SCIS updated its H‑2B cap count for FY2020, stating that it has received 21,226 beneficiaries toward the 33,000 cap for the second half of FY2020, with 7,770 approved and 13,456 pending

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DOL published notice in the Federal Register on a change to the Office of Foreign Labor Certification’s (OFLC) process for issuing final H-2B labor certification decisions for applications with a start date of need between April 1 and September 30, 2018.

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DHS and DOL Issue Joint Temporary Rule Increasing the H-2B Cap

DHS and DOL published a temporary rule in the Federal Register, increasing the H-2B cap for the remainder of FY2017 by an additional 15,000 visas, effective from July 19, 2017, through September 30, 2017. USCIS provided additional information regarding who can petition for these additional visas, how to file an H-2B petition under this one-time increase, filing information, and filing deadlines. Employers will be required to complete a Form ETA 9142-B-CAA, certifying that their business is in danger of suffering irreparable harm due to a lack of available temporary nonagricultural workers.

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USCIS Alert: H-2B Returning Workers Are Exempt from the FY2016 H-2B Cap

USCIS advised stakeholders that, effective December 18, 2015, H-2B workers identified as “returning workers” are exempted from the FY2016 annual H-2B cap of 66,000 visas, pursuant to the 2016 Consolidated Appropriations Act (Public Law 114-113). H-2B employers are urged to identify “returning workers” when filing petitions.

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USCIS Updates the H-2B Cap Count

As of May 2, 2016, USCIS had receipted 32,620 beneficiaries towards the 33,000 cap for the second half of FY2016. This count includes 26,426 approved and 6,194 pending beneficiaries.

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Need an H-2A or H-2B?

USCIS and DHS, in consultation with DOS, have added 16 countries (Andorra, Belgium, Brunei, Colombia, Finland, France, Germany, Greece, Lichtenstein, Luxembourg, Malta, Monaco, San Marino, Singapore, Taiwan, and Timor-Leste) to the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for 2016. The notice listing the eligible countries was published in the Federal Register today.

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USCIS reopened the FY2015 H-2B cap today, and is now accepting petitions requesting new H-2B workers with an employment start date between April 1, 2015, and September 30, 2015. The agency explained that the number of H-2B visas actually issued by the State Department was less than the number of beneficiaries seeking consular notification that had been identified on approved petitions.

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DOL and DHS released advance copies of two new joint rules on H-2Bs that are scheduled to be published tomorrow and will take effect immediately. The first is an interim final rule governing the certification of employment of H-2B workers and the enforcement of obligations applicable to H-2B employers. Comments are due within 60 days of publication. The second is a final rule governing the H-2B Wage Methodology. As background, on March 4, 2015, a federal district court vacated the DOL’s 2008 H-2B regulations on the ground that DOL lacked authority under the INA to issue regulations in the H-2B program. A subsequent temporary stay and extension followed, allowing the DOL to continue processing H-2B cases through May 15, 2015.

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On April 15, 2015, the federal district court for the Northern District of Florida issued an order effectively permitting DOL to continue issuing H-2B labor certifications under its 2008 H-2B regulations through May 15, 2015.

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USCIS announced that it has received enough petitions as of March 26, 2015, to reach the H-2B cap for FY2015. As such, USCIS will reject any new H-2B petitions that request a start date before October 1, 2015, and were received after March 26, 2015.

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