H-2B visa

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Congress Passes Omnibus Spending Bill

Last week, Congress passed a $1.15 trillion omnibus spending bill to prevent a government shutdown and fund the federal government for the remainder of the fiscal year.  This spending bill also contained several provisions which impact immigration law and policy.

In particular, the spending bill funds the Executive Office for Immigration Review, or EOIR, an office within the Department of Justice that administers the nation’s immigration court system.  The recently passed bill provides funding for EOIR to hire approximately 55 new immigration judges.  Funding for new immigration judges was desperately needed, as significant backlogs currently exist across the country’s immigration courts.

In addition, the spending bill incorporates the Visa Wavier Improvement and Terrorist Travel Prevention Act of 2015.  This bill eliminates the Visa Waiver Program for individuals who live in Visa Waiver Program countries but are also nationals of Iraq, Syria, Iran, and Sudan.  This ban also includes individuals who have traveled to these countries in the recent past.  The Visa Waiver Program authorizes citizens of specific countries to travel to the United States for 90 days or less without first obtaining a visa.  At present there are 38 countries that are designated as Visa Wavier Program countries.

Lastly, the spending bill modified the H-2B visa program for seasonal and temporary workers.  Now, a foreign H-2B worker who has been issued an H-2B cap number in the past 3 years can return to their position in the United States without being issued a new cap number.  The H-2B cap is currently set at 66,000 visas.

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USCIS Resumes Accepting H-2B Visa Applications

Beginning March 17, 2015 the Department of Homeland Security will resume accepting H-2B visa applications.  The adjudication of H-2B visas was previously placed on hold due to the pending lawsuit of Perez v. Perez.  H-2B premium processing will continue to be unavailable.

The H-2B non-agricultural temporary worker program permits U.S. employers to hire noncitizens to fill temporary non-agricultural jobs.  There is a “cap,” or numerical limit on the total number of H-2B visas that may be allocated each fiscal year.  Currently, this cap is set at 66,000, and 33,000 H-2B visa applications are accepted during each half of the fiscal year.  H-2B visas may be issued for up to a three-year period.  Please contact Stern & Curray if you are interested in learning more about an H-2B visa.

by SCwpadmin SCwpadmin 70 Comments

H-2B Visas Hit the Cap for the First Half of Fiscal Year 2015

The H-2B visa program allows for employers to bring non-agricultural workers to the United States to fill temporary jobs such as seasonal work.  There is a statutory limit, or cap, on the number of temporary workers that may be granted an H-2B visa during each fiscal year.  At present, the H-2B visa cap is set at 66,000 visas per fiscal year, 33,000 in the first half of the year and 33,000 in the second half.  USCIS recently announced that January 26, 2015 was the final receipt date for H-2B petitions for the first half of fiscal year 2015.  Any H-2B petitions received after January 26, 2015 will be rejected by USCIS.  H-2B cap exempt applications will continue to be accepted.

Please call our office for more information about filing for an H-2B visa for the second half of the fiscal year.

 

 

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