Posted on July 6, 2021 by sethlerner1964
DOL’s Office of Foreign Labor Certification reminds employers and other stakeholders that the three-day filing window to submit an H-2B application requesting a work start date of October 1, 2021, will open on July 3, 2021, and close on July 5, 2021. In other H-2B news, USCIS issued a reminder that if, by July 8, 2021, fewer than 6,000 beneficiaries are requested toward the H-2B visas set aside for nationals of the Northern Triangle (Honduras, El Salvador, and Guatemala), the agency will make the unused Northern Triangle country visas available to employers regardless of the beneficiary’s country of nationality, subject to the returning worker requirement. USCIS also launched an H-2B Employer Data Hub.
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Filed under: Department of Labor (DOL), H-2B, H-2B Cap Count for FY2011 | Tagged: Depar, DOL, H-2B, h2b, USCIS | Leave a comment »
Posted on May 14, 2021 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
As of 7/30/10, USCIS receipted 3,116 H-2B petitions, including approved and pending, toward the 33,000 H-2B cap amount for the first half of the fiscal year.
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Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 31, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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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Posted on July 24, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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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Filed under: H-2B | Tagged: Agricultural Workers, H-2B, h2b, h2b increase | Leave a comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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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Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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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Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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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Posted on June 8, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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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Posted on April 29, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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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