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.
Filed under: H-2B | Tagged: H-2B, h-2b cap, H-2B Cap Count, h-2b countries, h-2b list, H-2B Petitions, H-2B Program, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Leave a comment »
As of 6/11/10, USCIS receipted 27,778 H-2B petitions, including approved and pending, towards the 47,000 beneficiaries target for the 2nd half of FY 2010. Beneficiaries target is the estimated number of petitions needed to reach the cap and is higher than the actual cap.
Filed under: H-2B | Tagged: H-2B Petitions, h2b, h2b attorney, h2b cap, h2b lawyer, H2B Visa, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Leave a comment »
As of 6/11/10, USCIS receipted 27,778 H-2B petitions, including approved and pending, towards the 47,000 beneficiaries target for the 2nd half of FY 2010. Beneficiaries target is the estimated number of petitions needed to reach the cap and is higher than the actual cap.
Filed under: H-2B, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Tagged: H-2B Petitions, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Leave a comment »
my friend H2B visa will be expires July 31.2010 when is the best time for him to renew his H2B ? – Avvo.com http://ping.fm/8EXPx
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Question: I have heard a lot about upcoming immigration reform and bills to help immigrants obtain jobs. However, I know many people who have been working under the table for a very small wage. Do know what laws may be coming and how they might help immigrants?
Answer: There has been the introduction in the Senate of the first comprehensive immigration reform bill introduced in Congress. Other bills are expected to be introduced shortly. One such proposal is centered on an uncapped temporary worker program intended to “match willing foreign workers with willing U.S. employers when no Americans can be found to fill the job.” The program would grant program participants temporary legal status and authorize working participants to remain in the U.S. for three years, with their participation renewable for an unspecified period. Initially, the program would be open to both undocumented people as well as foreign workers living abroad (with the program restricted to those outside of the U.S. at some future, unspecified date).
American employers would have to make reasonable efforts to find U.S. workers. Under this proposal, participants would be allowed to travel back and forth between their countries of origin and “enjoy the same protections that American workers have with respect to wages and employment rights.” The proposal also includes incentives for people to return to their home countries and calls for increased workplace enforcement as well as an unspecified increase in legal immigration.
Question: Are there any more bills?
Answer: The Immigration Act of 2004 also includes a “Willing Worker” program that revolves around a needed reform of the current H-2B program and the creation of a new H-2C program. The bill reforms the H-2B program as follows: it caps the program at 100,000 for five years, after which the numbers revert to 66,000; admission of H-2B visa holders is limited to nine months in any twelve-month period (with a maximum of 36 months in any 48-month period); and, with some exceptions, it does not allow portability. The new H-2C program is a two-year program
renewable for another two years. It is capped at 250,000 annually, and sunsets five years after regulations are issued. Portability is allowed after three months, with exceptions for earlier transfers allowed under certain circumstances. An attestation is required for both visas, with employers having to meet certain U.S. worker recruitment requirements. Dual intent is allowed in both visas and derivative status is available for both as well.
Thus, if these two reform bills go through, there will be a significant boost to the legal jobs available to people in these situations.
https://cbocalbos.wordpress.com/tag/h-2a-and-the-h-2b-nonimmigrant-worker-programs/
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https://californiaimmigration.us/visas/h-2b-temporary-worker/
Filed under: H-2B, Immigration Attorney, Immigration Reform Bills, los angeles immigration attorney, USCIS | Tagged: H-2B, Immigration Reform Bills | Leave a comment »
This is a visa to meet temporary needs (H-2’s.) U.S. employers may petition for skilled or unskilled alien workers to meet temporary or seasonal needs in positions for which qualified U.S. workers are not available. It is important to note that both the services for which the employer requests H-2 labor approval and the employer’s need for such services must be temporary. There is currently an annual cap of 66,000 visas for H-2B workers. There is currently no annual cap on visas for H-2A workers. The Department of Labor has compiled a list of H-2B Program Certifications By Occupation for the period June 1, 1999 to May 31, 2000.The first step to hiring an H-2 worker from outside the U.S. is for the employer to apply for a temporary labor certification with the Department of Labor. These certificates are designed to assure that the admission of aliens to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of U.S. workers. The employer is required to file the labor certification with the I-129 petition. For specific procedures on filing, please visit the Department of Labor’s Employment and Training Administration.
Dependents (spouses and unmarried children under 21 years of age) of H-2 workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification. A single petition may cover multiple workers if:
Filed under: H-2B | Tagged: h-2a h2a h2b h-2b work permit, H-2B, h-2b cap, H-2B Cap Count, h-2b countries, h-2b list, H-2B Petitions, H-2B Program, Labor Certification | Leave a comment »
Question: I had petitioned for temporary workers earlier, but was told all H-2B’s were used up. Is there anything that can be done? I really need these workers.
Answer: Yes, beginning May 25, 2005, U.S. Citizenship and Immigration Services (USCIS) will begin to accept additional petitions for H-2B workers as required by the Save Our Small and Seasonal Businesses Act of 2005.
Question: Who will benefit from this Act?
Answer: The Act allows USCIS to accept filings beginning May 25, 2005 for two types of H-2B workers seeking work start dates as early as immediately: 1. For fiscal year 2005: Approximately 35,000 workers, who are new H-2B workers or who are not certified as returning workers, seeking work start dates before October 1, 2005.
2. For FY 2005 and 2006: All “returning workers,” meaning workers who counted against the H-2B annual numerical limit of 66,000 during any one of the three fiscal years preceding the fiscal year of the requested start date. This means: In a petition for a work start date before October 1, 2005 (FY 2005), the worker must have been previously approved for an H-2B work start date between October 1, 2001 and September 30, 2004. In a petition for a work start date on or after October 1, 2005 (FY 2006), the worker must have been previously approved for an H-2B work start date between October 1, 2002 and September 30, 2005. If a petition was approved only for “extension of stay” in H-2B status, or only for change or addition of employers or terms of employment, the worker was not counted against the numerical limit at that time and, therefore, that particular approval cannot in itself result in the worker being considered a “returning worker” in a new petition. Any worker not certified as a “returning worker” will be subject to the numerical limitation for the relevant fiscal year.
Question: What is needed to file for the H-2B’s under this Act?
Answer: Petition forms and processing will follow current rules, with these additional requirements for “returning workers:” The petition must include a certification from the petitioner (employer) signed by the same person who signed the Form I-129 stating, “As a supplement to the certification made on the attached Form I-129, I further certify that the workers listed below have entered the United States in H-2B status or changed to H-2B status during one of the last three fiscal years.” The list must set forth the full name of the worker. If the petition seeks change of status of the worker within the United States, it must include evidence of previous H-2B admissions, such as a visa or a copy of I-94 admission document.
A single petition may benefit more than one worker, including unnamed workers in “special filing situations” for business reasons. However, any returning workers must be listed in a certification as described above. For multiple named workers, including returning workers, “Attachment 1” to Form I-129 must be included and completed.
A petition approval notice will list any returning workers, who must be prepared to show to the U.S. consulate (when requesting an H-2B visa) or CBP port inspector (if visa exempt) proof of the worker’s previous H-2B admissions, such as a visa or a copy of I-94 admission document. The State Department will confirm prior visas through its electronic system, and that alone may be sufficient, but failure to show these documents may result in denial of visa or admission.
Thus, because of the limited number of H-2B’s, you should file right away.
Filed under: H-2B, Immigration Law, immigration provisions, Temporary Workers, USCIS | Tagged: H-2B, Temporary Workers | Leave a comment »
Question: An employer wants to petition me for the next 6 months because of my knowledge in his industry. I do not seem to qualify for any types of visas that I know about. Do you have any ideas?
Answer: Yes. You may qualify for the H-2B. The U.S. Citizenship and Immigration Services (USCIS) has just announced that, as required under the recently-enacted Save Our Small and Seasonal Businesses Act of 2005 (“the Act”), the agency will begin to accept additional petitions for H-2B workers as of May 25, 2005. Under the Act, the USCIS has been granted a waiver of the normal requirement to issue regulations implementing the new law. Therefore, in order to implement these new provisions expeditiously, the USCIS has issued a Public Notice detailing filing requirements and procedures, and does not intend to supplement it with any further notice or regulation.
Question: Who Can Benefit From The Act?
Answer: Beginning on Wednesday, May 25, 2005, the USCIS started accepting filings for two types of H-2B workers: 1) For Fiscal Year 2005: Approximately 35,000 workers, who are new H-2B workers or who are not certified as “returning workers” (as explained further below) seeking start dates before October 1, 2005. 2) For Fiscal Year 2005 and 2006: All “returning [H-2B] workers,” meaning workers who were counted against the annual H-2B cap of 66,000 during any one of the three fiscal years preceding the fiscal year of the requested start date. In other words: (a) in a petition for a start date before October 1, 2005 (i.e., for FY 2005), the worker must have been previously approved for a start date in H-2B status between October 1, 2001 and September 30, 2004; (b) in a petition for a start date on or after October 1, 2005 (i.e., for FY 2006), the worker must have been previously approved for a start date in H-2B status between October 1, 2002 and September 30, 2005.
Question: What Is A Returning Worker?
Answer: If a previous petition for an H-2B worker was approved for an extension of stay, change in the terms of employment, or change or addition of employers, the worker was not counted against the annual cap at that time; therefore, that particular approval cannot in itself result in the worker being considered a “returning worker” for purposes of filing a new petition now. As a general rule, only previous petitions for a change of status or new employment that were filed during the requisite three-year period before the requested start date will qualify a worker as a “returning worker.” Any worker not certified as a “returning worker” will be subject to the numerical limitation for the relevant fiscal year.
Question: What Are The Filing Requirements?
Employers wishing to file petitions for H-2B workers who qualify under the Act should follow all current requirements, as well as the following additional requirements for returning workers: The petition must include a certification from the employer, signed by the same person who signs the I-129 form, stating, “As a supplement to the certification made on the attached I-129, I further certify that the workers listed below have entered the United States in H-2B status or changed to H-2B status during one of the last three fiscal years.” The list must set forth the full name of the worker(s). If the petition seeks a change of status, it must include evidence of previous H-2B admissions (i.e., a copy of each worker’s visa and I-94 admission record).
A single petition may be filed on behalf of multiple workers, including unnamed workers in “special filing situations” for business reasons. However, any returning workers must be listed in a certification as described above. For multiple-named workers, including returning workers, “Attachment 1” to Form I-129 must be included and completed. This is a supplement to the new I-129 form on which the names and other biographic information of multiple workers must be listed.
As usual, each petition must include a labor certification from the U.S. Department of Labor (DOL). The USCIS will accept a copy of the labor certification in those cases where the original labor certification has previously been filed with the USCIS. (Note that the USCIS and DOL both published proposed regulations in January 2005 that would substantially revamp the labor certification application process for H-2B workers and would replace the current procedure with a one-step, electronically-filed, attestation-based petition that would bypass the DOL and be filed directly with the USCIS.
Approval notices issued under the Act will include the names of all returning workers listed on the petition. Each worker must be prepared to show to the U.S. consulate abroad (when applying for an H-2B visa) or to the inspector at the port of entry (if the worker is exempt from the visa requirement) proof of his or her previous H-2B admissions (e.g., a previous H-2B visa in the worker’s passport, and a copy of a prior I-94 admission document). Although the Department of State will seek to confirm prior visas through its electronic system, an applicant for an H-2B visa under the returning worker provision who does not show these documents may be denied a visa and/or be denied admission when traveling to the United States.
Premium processing is available by including a Form I-907 and an additional $1,000 fee. Petitions for start dates of October 1, 2005, or later must include a new anti-fraud fee in the amount of $150.
Question: What New Sanctions Does the Act Include?
Answer: The Act contains new provisions including sanctions and civil monetary penalties (up to $10,000 per violation) for failure to meet any of the H-2B petition conditions for willful misrepresentation of a material fact. These new provisions become effective on October 1, 2005.
Question: What Happens When the Annual Cap is Reached?
Answer: Whenever the annual H-2B numerical limitation has been reached, the USCIS will reject any additional filings that are subject to the cap (i.e., other than for returning workers, extension of stay, change of employers, or change in terms of employment). For FY 2006 filings, the Act provides that the numerical limit for the first six months of the fiscal year shall be no more than 33,000, with the remaining 33,000 to be allocated on or after April 1, 2006. Employers may file H-2B petitions no more than six months in advance of the requested start date.
Filed under: H-2B, Immigration, Immigration Law, USCIS, Work Visa | Tagged: H-2B, Undocumented workers | Leave a comment »
Question: I have heard that H-1B’s and H-2B’s are going quickly. Are they used up yet?
Answer: The DHS recently published numbers of H-1B’s and H-2B’s currently used. The H-1B nonimmigrant visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years. The H-1B visa program is utilized by some U.S. businesses and other organizations to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The current annual cap on the H-1B category is 65,000. It appears that for non advanced degree holders, the cap of about 58,000 has approved over 22,000 and has about 30,000 pending. This means there are only about 5,000 left. You should get your H-1B in right away.
However, if you have an advanced degree, there was an extra 20,000 H-1B’s allocated. For the rest of the 2005 fiscal year, there have been about 10,300 that have been approved. Thus, there is still a reasonable amount left. For the fiscal year of 2006, there have already been about 8,000 used up.
The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.
Of the 35,000 left until October 1, 2005, about 16,000 have been used. There have only been about 300 used up for the first half of 2006. Therefore, there seems to be quite of bit of H-2B’s left.
Question: Do you think there is any problem with filing an H-1B or an H-2B at this time?
Answer: You never know how soon all of the visas will be used up. There are people across the U.S. who are aware that there is a limit on these visas and are trying to get their visas in right away. Therefore, you should have your visa petition prepared right away to ensure you get in this years allotment. All kinds of status problems could occur if the allotment is used up and your stay in the U.S. expires afterwards.
Question: Should we file the H-1B and/or H-2B with premium processing?
Answer: Definitely. You never know if your application will be filed one after the last one. Therefore, to ensure your chances, pay the $1,000 premium processing fee and have peace of mind.
Filed under: H-1B, H-2B, Immigration, Immigration Law, USCIS | Tagged: H-1B, H-2B | Leave a comment »
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