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We are back again with latest news and updates from the landscape of seasonal labor immigration. As the economy is moving back to normal, it is observed that the demand in the H-2B visas has increased significantly over a short period of time.

The USCIS has recently informed that as of November 13, 2009, it has received filings for 22,428 H-2B beneficiaries. Of these, 20,937 petitions have been approved and 1,491 are pending. Employers can still file cap-subject H-2B temporary nonagricultural work petitions for employment start dates through March 31, 2010, the first half of the current fiscal year.

USCIS has set a target of 47,000 cap-subject H-2B petition beneficiary receipts to meet the 33,000 cap for the first half of the fiscal year. USCIS uses a target figure to account for cases that are ultimately denied, withdrawn or revoked, as well as cases in which employers actually employ fewer H-2B workers than requested in their petitions.

So, as the economy is moving back to normal, it is expected that H-2B visas will go off soon. Therefore, we advise employers to contact ExpressH2B immediately to meet their H-2B needs for the current year and start planning for the FY2011 filing season, which begins in just a few months, on April 1, 2010.

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

Latest H-2B Cap Count

USCIS has recently informed that, as of November 6, it has received 21,327 H-2B petitions. Of these, 19,736 H-2B petitions have been approved and 1,591 are pending. Employers can still file cap-subject H-2B temporary nonagricultural work petitions for employment start dates through March 31, 2010, the first half of the current fiscal year.

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Featured Article

5 Steps to Extend Your Employee's H-2B Visa

The H-2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the US temporarily to engage in nonagricultural employment which is seasonal, intermittent, peak load need, or a one-time occurrence. The process for extending an H-2B visa is similar to the process for obtaining the original visa, The only difference is that an H2B visa holder applying for an extension is not subject to the annual cap of 66,000. This article describes 5 simple and easy steps to assist the employers of H-2B visa holders to file an extension for their employees.

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Questions and Answers

Question: Does approval of the H-2B petition guarantee visa issuance?

Ans: Approval of a petition does not guarantee visa issuance to a foreign national. Foreign national must establish that they are admissible to the U.S. under provisions of the Immigration and Nationality Act (INA).

If the prospective worker is outside of the country, he must apply for a visa. After the INS has approved the I-129 and sent notice to the consulate in the beneficiary's country, the beneficiary must file a visa application with the consulate. Some non-US workers may be visa-exempt. In those cases, the I-129 approval notice is sent to the port of entry (POE) where the beneficiary intends to apply for admission. If the beneficiary is already in the U.S. and is changing from one non-immigrant status to another, a visa is not required. However, a visa may be required if the beneficiary subsequently leaves the U.S. and wishes to re-enter.

More Q&A

H2B Myths and Reality

Myth: H-2B is legalized indentured servitude.

Reality: What is interesting is that many times it is the same groups screaming that Americans are being denied jobs that use this same argument as well. Most Americans are confused as to why someone from Central America or Eastern Europe would want to spend so much money to come to the US and yet make so little while they are here. What Americans cannot comprehend is that in many countries it is not uncommon for the annual family income to be less than $5,000 per year. Thus an H-2B worker can often make in 4 months what it would have taken a year for their family to make at home. It is true that H-2B workers are only allowed to work for the employer that has sponsored them. Therefore, this worker is not allowed to freely move from job to job as an American would. This however is in-place to guarantee that the worker does not displace any American workers while they are present in the US.