Newsletters

From the Editor's Desk

A warm welcome to all our readers!!! We are back again to keep you updated with the latest things happening in the seasonal labor immigration. Recently, U.S. Citizenship and Immigration Services (USCIS) updated its H-2B cap statistics for Fiscal Year (FY) 2010. As of April 5, 2010 USCIS has received approximately 41,108 petitions and out of these USCIS has approved 41,108 H-2B petitions towards the first half of the fiscal year. For the second half of the fiscal year 2010, USCIS has received 22,825 H-2B petitions out of which USCIS has approved 20,533 H-2B petitions and 2,292 are still pending. We cannot predict for how long the H-2B filing period will be open.

However, with each passing week, H-2B visas are moving closer to exhaustion. So, if you wish to file an H-2B visa to meet your temporary employment needs, you got to hurry up and plan things ahead of time.

USCIS last month issued a memo to provide guidance on the processing and adjudicating of Form I-129 filed on behalf of H-1B "specialty occupation" and H-2B "temporary nonagricultural" workers.

We wish you all the very best!

To ensure you receive your Express H2B Newsletter, please add to your address book or safe list.

Get geared up for an exciting year ahead!

News Bulletin

Fiscal Year 2010 H-2B Cap Count

As of April 5, 2010 USCIS has received approximately 41,108 petitions and out of these USCIS has approved 41,108 H-2B petitions towards the first half of the fiscal year. For the second half of the fiscal year 2010, USCIS has received 22,825 H-2B petitions out of which USCIS has approved 20,533 H-2B petitions and 2,292 are still pending.

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Featured Article

H-2B Labor Certification – The First Step in the Process for Temporary Employment of Foreign Nationals in the United States

The H-2B labor certification program establishes a means for U.S. employers who anticipate a shortage of domestic workers, to bring temporary nonimmigrant foreign workers into the U.S. The H-2B visa classification requires the employer to obtain a temporary labor certification issued by the Department of Labor. In fact H-2B Labor Certification is the First Step in the Process for Temporary Employment of Foreign Nationals in the United States. The article talks in detailed about applying for temporary labor certification to employ foreign nationals to perform services for which qualified authorized workers are unavailable in the United States.

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Questions and Answers

Question: Are employers required to submit the summarized monthly payroll report to substantiate a seasonal or peak-load need under the H-2B visa classification?

Ans: No. As stated in Training and Employment Guidance Letter (TEGL), each H-2B application must contain supporting evidence or documentation that justifies the chosen standard of temporary need. Employers may submit any combination of evidence or documentation, and examples of acceptable documentation for the most common standards of seasonal and peak-load need include, but are not limited to, the following:

1. Signed work contracts, letters of intent from clients, and/or monthly invoices from previous calendar year(s) clearly showing work will be performed for each month during the requested period of need on the ETA Form 750, Part A, Item – 18b. This type of documentation will demonstrate the employer’s need for the work to be performed is tied to a season(s) of the year and will recur next year on the same cycle;
   


2. Annualized and/or multi-year work contracts or work agreements supplemented with documentation specifying the actual dates when work will commence and end during each year of service and clearly showing work will be performed for each month during the requested period of need on the ETA Form 750, Part A, Item – 18b.; or
   


3. Summarized monthly payroll reports for a minimum of one previous calendar year that identifies, for each month and separately for full-time permanent and temporary employment in the requested occupation, the total number of workers or staff employed, total hours worked, and total earnings received. Such documentation must be signed by the employer attesting that the information being presented was compiled from the employer’s actual accounting records or system. Employers should be prepared to provide the documents utilized to generate the summarized monthly payroll reports if requested by the NPC Certifying Officer.

More Q&A

H2B Myths and Reality

Myth: Foreign national working on H-2B may apply for Green Card.

Reality: Absolutely untrue. H-2B is a temporary work visa, which allows foreign nationals to work temporarily in the U.S. The H-2B visa also requires true nonimmigrant intent. This means, foreign workers must return to their home country once their purpose of coming to the U.S. is accomplished. Thus, no question of applying for Green Card arises.