the Editor's Desk
||Vow it has been a year
since we are together. We started the
ExpressH2B newsletter in December 2008,
just a year ago but today, a year later,
we share a strong bond with you.
It is all your support and co-
that has helped us a lot during this
last one year. We wish to have the same
co-operation and enthusiasm from you
for coming years too.
ExpressH2B thanks you for all your love and
support during this one year and also wishes
you Happy Holidays and a very prosperous new
Let us now learn about the latest happenings
in the immigration world. Well, people round
the globe are eagerly waiting for President
Obama's immigration reform. Secretary
of Homeland Security Janet Napolitano, told
the Arizona Republic that President Obama
considers immigration reform a top priority,
"We're ready to go, and the president wants
to get it done." We will have to wait and
see what form the reform will take.
On the other side USCIS, as of December 11,
2009, has received filings for 31,186 H-2B
beneficiaries. Of these, 28,930 cases had
been approved and 2,256 cases were pending.
USCIS has established that filings for 47,000
cap-subject H-2B petition beneficiaries will
be needed to reach the 33,000 cap for the
first half of this fiscal year. USCIS uses
this target figure to account for cases that
are ultimately denied, withdrawn or revoked,
as well as cases in which employers actually
employ fewer workers than requested.
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Get geared up for an exciting year
H-2B Cap Count
USCIS has updated the count of H-2B visa
petitions, received and counted towards the
fiscal year 2010. As of December 11, 2009
USCIS has received approximately 31,186 petitions
for the first half of the fiscal year 2010
and out of these USCIS has approved 28,930
H2R Visa: Returning H-2B Workers
Today, H-2B visas are in such high demand that many seasonal employers who need them are simply out of luck. H-2B visa cap is reached within no time. Often people ask question whether a returning H-2B worker is counted towards the cap. Is there is separate or different visa category for H-2B returning workers. In this article we talk about the returning H-2B workers and privileges available to the returning H-2B worker.
Full Article | Read
Questions and Answers
Question: Is there a required time
period in which DOL must process cases?
Ans: The INA and regulations
do not set time limits for DOL's processing
of H-2B applications. However, it is DOL's
practice, consistent with available program
resources, to process cases within 60 days.
H2B Myths and Reality
Myth: College students cannot
fill H-2B jobs.
Reality: This is not true.
Employers hire hundreds of thousands of college
students each year. Unfortunately for seasonal
employers, college students are being more
and more enticed by summer school and internships.
In addition, while they are capable of doing
the job, often times their vacation does not
match when the vacancies are available, the
duties are ones they do not want to perform,
and/or the jobs are located in areas that
they do not want to work. H-2B employers want
to hire as many Americans as possible, and
would hire any college student looking for
1 to September 30)
1 to April 31)
think U.S. Immigration reform will create
more jobs in the country?
your knowledge about the H-2B visa by
answering The H2B Quiz question.
If the employer clearly identifies
and describes a temporary need in its
needs statement, is it necessary to
specify whether that temporary need
is peakload or seasonal?
Submit your response to the query above.
The best response and the sender’s
name will be published in the next Express
of the THE H2B QUIZ - November 2009:
does an employer establish a seasonal
or peak load need? Is it established
if the employer's customers, because
of budget constraints or a holiday season,
do not request the labor/services during
one certain period of the year?
to establish a seasonal need, the employer
must establish that its services or labor
is traditionally tied to a season of the
year by an event or pattern, and is of
a recurring nature. The employer can establish
a seasonal need for temporary foreign
workers if it can establish a clear pattern
of when temporary foreign workers are
needed regardless of the reasoning behind
the need. The employer must specify the
period(s) of time during each year in
which it does not need the services or
labor. An employer providing services
whose clients no longer require those
services because of a predictable cyclical
budget constraint or a holiday season,
and can demonstrate that its own need
for workers during those weeks or months
is then eliminated, demonstrates a temporary
Consultation for Employers!
a FREE Consultation with a friendly
ExpressH2B account manager.