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DOL Releases Information on H-2B Filing Timeline for Peak Filing Season

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.

https://cbocalbos.wordpress.com/tag/h2b/

https://cbocalbos.wordpress.com/tag/immigration-attorney/

https://cbocalbos.wordpress.com/tag/department-of-labor-dol/

https://www.dol.gov/

H-2B Cap Count for FY2011

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.

H-2B cap

H-2B visa expired

H-2B petitions

H-2B temporary worker

DHS Announces 22,000 Additional H-2B Visas

DHS announced a supplemental increase of 22,000 visas for the H-2B visa program. The additional visas will be made available in the coming months via a temporary final rule in the Federal Register. Six thousand visas will be reserved for nationals of Honduras, El Salvador, and Guatemala.

USCIS Updates FY2021 H-2B Cap Count

USCIS released its H-2B cap count for FY2021, stating that it has received 31,591 beneficiaries toward the 33,000 cap for the second half of FY2021, with 17,956 approved and 13,635 pending.

https://cbocalbos.wordpress.com/tag/business-visas/

https://cbocalbos.wordpress.com/tag/diversity-visas/

https://californiaimmigration.us/us-establishes-instructions-to-distinguish-the-differences-in-applications-for-lawful-permanent-resident-and-conditional-lawful-permanent-resident-visas/

https://cbocalbos.wordpress.com/tag/australian-visas/

DHS and DOL pull immigration rules after Biden orders freeze.

the Biden administration delayed asylum restrictions and walked back rules revising aspects of the H-2A and H-1B programs, following a freeze on new regulations. On Wednesday, the Office of Foreign Labor Certification said it had pulled the final H-2A rule, and also withdrew a request for comments on a new H-1B policy as the Dept. of Labor reassesses its stance on both. The agency said it withdrew the rule prior to publication “for the purpose of reviewing issues of law, fact, and policy,” therefore not taking effect. Attorney Allen Orr, president-elect AILA, stated that he is “relieved that we are not going to have the burden of figuring out a new regulation during the heaviest season for employment immigration.”

https://cbocalbos.wordpress.com/tag/new-asylum-regulations/

https://cbocalbos.wordpress.com/tag/regulations/

https://californiaimmigration.us/temporary-agricultural-employment-h-2a-provides-answer-to-the-immigration-regulations-of-federal-procedure-to-illegal-workers-in-this-area/

https://cbocalbos.wordpress.com/tag/employment-regulations/

DHS and DOL pull immigration rules after Biden orders freeze.

the Biden administration delayed asylum restrictions and walked back rules revising aspects of the H-2A and H-1B programs, following a freeze on new regulations. On Wednesday, the Office of Foreign Labor Certification said it had pulled the final H-2A rule, and also withdrew a request for comments on a new H-1B policy as the Dept. of Labor reassesses its stance on both. The agency said it withdrew the rule prior to publication “for the purpose of reviewing issues of law, fact, and policy,” therefore not taking effect. Attorney Allen Orr, president-elect AILA, stated that he is “relieved that we are not going to have the burden of figuring out a new regulation during the heaviest season for employment immigration.”

https://cbocalbos.wordpress.com/tag/new-asylum-regulations/

https://cbocalbos.wordpress.com/tag/regulations/

https://californiaimmigration.us/immigration-law-firm/

https://cbocalbos.wordpress.com/tag/employment-regulations/

DOL voids Trump H-2B rule over negative comments.

The Dept. of Labor (DOL) has halted a last-minute attempt by the Trump administration to allow for the intervention of political appointees in the work-visa certification process, citing a negative response to the proposal. The DOL said in a Federal Register notice published Wednesday that a significant adverse comment was received in response to the Trump administration’s direct final rule, issued on Jan. 4. The comment from labor and employment attorney Wendel V. Hall alleged a host of procedural and substantive defects in the proposal that, in his mind, would bias the labor certification process. 

https://cbocalbos.wordpress.com/tag/employment-regulations/

https://cbocalbos.wordpress.com/tag/new-asylum-regulations/

https://californiaimmigration.us/temporary-agricultural-employment-h-2a-provides-answer-to-the-immigration-regulations-of-federal-procedure-to-illegal-workers-in-this-area/

https://cbocalbos.wordpress.com/tag/regulations/

DHS Publishes Notice of Eligible H-2A and H-2B Countries for 2021

DHS published a notice of the 81 countries whose nationals are eligible to participate in the H-2A program and the 80 countries whose nationals are eligible to participate in the H-2B program. The designations are effective January 19, 2021, and shall be without effect after January 18, 2022. Changes include adding the Philippines to the list of countries eligible to participate in the H-2B program, no longer designating the Independent State of Samoa and Tonga as eligible countries for the H-2A and H-2B programs, and no longer designating Mongolia as an eligible country for the H-2A program. 


USCIS Updates FY2021 H-2B Cap Count

USCIS released its H-2B cap count for FY2021, stating that it has received 29,739 beneficiaries toward the 33,000 cap for the first half of FY2021, with 24,181 approved and 5,558 pending

USCIS Increase to Premium Processing Fees

USCIS is increasing premium processing fees, effective today, October 19, 2020. Fees are increasing from $1,440 to $2,500 for benefit requests that are already eligible for premium processing services through the Form I-907, Request for Premium Processing, except for H-2B and R-1 petitions, which are increasing from $1,440 to $1,500.