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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.

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https://www.dol.gov/

Cap reached for additional returning worker H-2B visas for FY 2021.

USCIS announced that it has received enough petitions to reach the cap for the additional 16,000 H-2B visas made available for returning workers only. The agency continues to accept petitions for H-2B nonimmigrant workers for the additional 6,000 visas allotted for nationals of Honduras, Guatemala, and El Salvador. Petitioners whose workers were not selected for the returning worker allotment are encouraged to refile for workers from the Northern Triangle countries while that visa allotment remain available. The final date for filing petitions requesting Northern Triangle nationals who are exempt from the returning worker requirement is July 8, 2021.

https://www.cde.ca.gov/ci/ct/we/workpermitsforstudents.asp

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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.

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

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Omnibus Bill Extends Various Immigration Programs and Provides Relief for Mixed-Status Families

Immigration Programs

Congress passed a spending package to fund federal agencies through September 30, 2021. If signed into law, the omnibus bill and COVID-19 relief package will extend certain immigration programs set to expire, grant authority to DHS to increase the number of H-2B visas, and provide COVID-19 relief to mixed-status families.

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. 


The H-2B cap has been reached for the second half of the fiscal year

On February 26, USCIS published an announcement that the cap on H-2B petitions for the second half of fiscal year 2020 has been met. Any petitions filed after February 18 with requested employment start dates before October 1, 2020 will be rejected.

USCIS announced the countries eligible for the H-2A and H-2B visa programs.

USCIS published the list of countries whose nationals are eligible for the H-2A and H-2B visa programs, which allow foreign workers to fill temporary agricultural and nonagricultural jobs. The list of countries is unchanged from the 2019 eligibility list.

H‑2B Petitioners Must Include Temporary Labor Certification Final Determination with USCIS Form I‑129

USCIS announced that employers whose H‑2B application was processed in FLAG must include a printed copy of the electronic one-page “final determination” of their H‑2B temporary labor certification approval when submitting Form I‑129, Petition for a Nonimmigrant Worker. Employers must also ensure that the DOL Case Number identified on the final determination is the same as the ETA Case Number provided in Part 5, Item 2 of Form

USCIS Announces Cap Reached for Additional H-2B Visas for FY2019

USCIS announced that it received enough petitions to reach the additional maximum 30,000 visas made available under the May 8, 2019, temporary final rule for returning workers under the H‑2B cap for FY2019. USCIS will reject and return any cap-subject petitions and accompanying filing fees received after June 5, 2019.

DOL Will Only Accept Electronic Filings of Form ETA 9141 via FLAG System’

As of today, DOL only accepts electronic filings of Form ETA 9141, Application for Prevailing Wage Determination, through the new Foreign Labor Application Gateway (FLAG) System. Furthermore, beginning Thursday, June 13, 2019, H‑2B applications will be accepted via FLAG, and on July 3, 2019, all H‑2B applications must be sumbmitted via FLAG