the Editor's Desk
Welcome back! Summer’s over, school has started,
and people are back to their normal routine.
But one thing hasn’t changed much…want to
guess what is it? I am talking about the H-2B
visa count for the fiscal year 2010 employment.
USCIS is currently accepting petitions for
the first half of fiscal year 2010 and second
half of the fiscal year 2009.
On August 6, 2009 USCIS announced that it
had reopened the H-2B filing period for fiscal
year 2009. Fiscal year 2009 petitions had
be filed and adjudicated by September 30,
2009, the end of the 2009 fiscal year. But
there is no significant change in the number
of H-2B visas. Employers must be aware that
to qualify for a fiscal year 2009 H-2B cap
number, they must have submitted a fully completed
Petition for a Nonimmigrant Worker, Form I-129,
to the proper USCIS Service Center with all
the required supporting documents, including
an approved Alien Employment Certification
from the Labor Department that is valid for
the stated employment period on the petition.
The start date indicated must be before October
If the H2B petition is received on or after
October 1, 2009, and/or you request a start
date on or after October 1, 2009, it will
be counted towards the second half of the
2010 fiscal year cap, and the petition will
be subject to all requirements for the 2010
As of September 25, 2009, USCIS had only
approved 16,550 beneficiaries for the first
half of fiscal year 2010, and there were petitions
for 3,393 beneficiaries pending.
One filing tip for use when filing the H2B
petition is to file via “premium processing”
by filing Form I-907 and submitting the premium
processing fee of $1,000 along with the I-129
petition. This can be critical to timely processing
because the normal adjudication time for an
H2B case is approximately 60 days. While the
USCIS will make visa numbers available to
petitions based on the order in which they
were filed this does not help the employer
that needs the temporary employees sooner
rather than later.
To ensure you receive your Express
H2B Newsletter, please add
to your address book or safe list.
Get geared up for an exciting year
Still Available for FY2010 Employment
The USCIS has updated the count of the H-2B
visas received and counted towards the fiscal
year 2010 employment. As of September 25,
2009, USCIS has received 19, 943 H-2B petitions,
out of which 16,550 H-2B petitions have been
approved while 3,393 more petitions are still
H-2B Final Rule: Increased Flexibility or
The DHS’ final rule for H-2B workers is designed
to benefit foreign nationals seeking to enter
the US in H-2B status, however this final
rule makes it harder to gain approval of a
petition for an alien not from a country on
the approved list. So, let us discuss if the
H-2B visa final rule has brought flexibility
or severity for the US employers to hire foreign
workers for their temporary and seasonal work
requirement. Also let us recapitulate the
H-2B visa final rule and all the additional
requirements for the foreign nationals participating
in the H-2B visa program who are not from
a country on the list of eligible countries.
Read Full Article
Questions and Answers
Question: Can the DOL develop a process
to accelerate the labor certification process
for occupations where there is currently a
Ans: In essence, there
is a labor shortage for every position included
on a labor certification application. To ensure
fairness to each employer that applies for
temporary labor certification under the H-2B
program, all applications are processed on
a first in, first out basis, with no exceptions.
Employers are encouraged to ensure that they
have submitted a complete application and
all the necessary supporting documentation
to avoid any unnecessary delay
H2B Myths and Reality
Myth: People on welfare
should be taking all the H-2B jobs
Reality: While in some cases
individuals on welfare could be at least temporarily
supporting themselves, often welfare recipients
are not qualified to do the available job
or are not located in the area the job is
being offered. For example, an oceanfront
lifeguarding position requires that the applicant
can swim. Not all welfare recipients can swim.
Construction jobs often require the ability
to do heavy lifting. Not all welfare recipients
can handle the physical challenges associated
with construction. Resort maid services often
have duties that most individuals could perform,
but the person would need to relocate to the
area of the resort during the short period
of time the job is available. Once again,
H-2B employers want to hire as many Americans
1 to September 30)
1 to April 31)
your knowledge about the H-2B visa by
answering The H2B Quiz question.
I own a huge farm in California
and Florida and I wish to hire few seasonal
workers from outside the United States.
Since I want to hire more than 1 employee,
is it permissible if I file a single
application that will cover all my temporary
employees during the entire period of
need where the work will be performed
in different states, e.g., in California
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 - September 2009:
received my H2B visa through Company
A but because of lack of transportation
I had to quit and I don't know how this
is affecting my status. I want to stay
here legally. What options do I have?
Can I go to college or can I still work
for somebody else?
speaking you fell out of status in the
US when you quit working for the company
that sponsored your H-2B visa. However,
if it has not been too long since you
quit you can file to change to a new employer
or to change status to a different visa,
such as a visitor or the student visa.
If you apply and are accepted at a college
or university they will issue you an I-20
which you need to get the student status.
You cannot start working for another employer
until you have a new petition approved.
Consultation for Employers!
a FREE Consultation with a friendly
ExpressH2B account manager.