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H2B Newsletter - Monthly Updates on Seasonal Labor Immigration.


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From the Editor's Desk


The Express H2B Newsletter - First Edition!

ExpressH2B wishes you Happy Holidays and a prosperous New Year!!


Hurray! ExpressH2B has launched and released its first ever newsletter globally. We congratulate and give a warm welcome to all

our readers on the launch of our first Newsletter. Today we initiate another association with you… another way to keep in touch… ‘The Express H2B Newsletter’.


This is not just another newsletter; rather it is a source that helps us in linking with you, a mode that keeps us in touch, and a new voyage altogether. This is an expedition where we take the initiate to endow you with the latest H-2B “happenings of the month” and the changes in the world of Immigration.


We are well into Fiscal Year 2009 and there’s a lot happening in the Immigration Landscape, especially when it comes to the H-2B Visa for the second half of Fiscal Year 2009. There are still some more H-2B Numbers available for the Fiscal Year 2009. It’s still not too late, my friend. All you need is a proper plan for filing the H-2B petition and who knows your H-2B petition approval may come as a New Year gift for you. So...what are you waiting for?


If you are applying or intend to apply for an H-2B visa for the year 2009, then it’s the right time my friend. The USCIS has already begun to provide processing statistics for H-2B petitions for temporary nonagricultural employment in the second half of FY 2009. As of December 23rd, 2008, the USCIS has received 27,111 H-2B visa petitions, out of which, 13,394 H-2B cases have been approved, and 13,717 are still pending. Though the H-2B cap is 33,000 for the second half of the fiscal year, USCIS estimates that applications for at least 50,000 cap-subject beneficiaries will be needed to reach the half-year cap. There is no telling how soon that cap number may be reached.


Barack Obama. The USCIS have got a pleasant news for both the prospective employers and the proficient employees. The USCIS has recently announced that it has submitted to the Federal Register a Final Rule that will change the requirements affecting H-2B beneficiaries and their employers. The Final Rule will encourage and facilitate the lawful employment of foreign workers, provide important protections to both U.S. and foreign workers, and further enhance the integrity of the H-2B Visa Program. The changes are

being proposed in further fulfillment of the commitment made by President Bush’s Administration in August 2007, after the failure of comprehensive immigration reform in Congress. It was meant to address immigration challenges, including review and improvement of temporary worker visa programs using existing authorities. One of the key reforms is reduction in the time-frame from six months to three months that an H-2B worker has to spend outside US before he or she is eligible to re-obtain H-2B status. 


Now only, especially and exclusively for the readers – this month’s Featured Article will explain you all the basic details about the H-2B visa. If you are interested to apply for an H-2B Visa, then this month’s Featured Article is worth reading.


Starting this month we introduce a new and interesting question for our H2B Poll. We ask our readers to cast their vote to give us their feedback. And also it’s the time for you to get ready for this month's H2B Quiz. If you know the correct answer your name might be featured in next month's newsletter. So all the Best!!!


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


See you next month with lot more happenings on H-2B! Till then take care!





News Bulletin


Latest Update: H-2B Count for the Second Half of Fiscal Year 2009


On December 23, 2008 USCIS updated the count of H-2B petitions received and counted towards the H-2B cap for the second half of the fiscal year 2009. As of December 19, 2008, 27,111 H-2B Visa petitions have been counted towards the 33,000 cap for the second half of FY 2009.


Questions & Answers: USCIS to Streamline H-2B Visa Procedures


The USCIS has released the set of Questions & Answers immediately after their announcement about streamlining the H-2B visa procedures. The Final Rule on streamlining the H-2B visa procedures will facilitate the process by which employers hire workers to participate in the H-2B visa program.


DOL’s Final Rule on H-2B Visa Procedures


The U.S. Department of Labor has issued a final rule that enhances workers' protections and modernizes the application process under the H-2B temporary labor certification program. These changes and others finalized by the U.S. Department of Homeland Security fulfill the administration's August 2007 pledge to review and update the foreign worker program regulations. The H-2B final rule will go into effect Jan. 18, 2009.


Read More News



Featured Article


H2B Visa – Key Things Seasonal Workers Must Know


The H-2B visa is a nonimmigrant visa category 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. There is an annual limit of 66,000 on the number of foreign workers who may receive H-2B status during each USCIS fiscal year. Workers already in H-2B visa status and returning H-2B workers do not count towards the cap. The article discusses all the basic details about the H-2B visa category especially if you are new to it.


Read Full Article | Read More Articles



Questions and Answers


I'd like to come to the U.S. to work...as a painter, as a truck driver, as a window washer...in other words, in a job that does not require a college degree. Can I qualify for H-1B or H-2B work visa?


Ans: The H-1B visa category will not work, because your particular job does not require at least a bachelor's degree. The H-2B category would allow temporary or seasonal work but would require that your employer provide at least the


  • Verification that the employer has a limited season of 5-6 months (or can show that the job is temporary.

  • Your employer would have to obtain a temporary Labor Certification from the US Department of Labor to prove a shortage of available US workers in your proposed job (this can be a tedious undertaking, involving several months and expenses related to proving, by way of a recruitment, that there is a shortage of US workers available for the proposed job).

  • You must verify (through detailed reference letters) that you have the necessary experience in your particular profession.

If you and your employer believe that both of you can provide the above requirements, you may want to pursue the process for H-2B.


More Q&A



H2B Myths and Reality


Myth: If I change my status from H-2B to H-1B, I can change back to H-2B by just ending my H-1 job.


Reality: No, a person does not automatically return to a prior, status just by ending the job held under a work-authorized status. It is necessary to file for and obtain approval of a change of status request in order to make this change in the United States. Otherwise, it could be accomplished by traveling abroad and reentering in the other nonimmigrant status using the proper visa.


News Bulletin
Featured Article
Questions and Answers
H2B Myths and Reality



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Submit your response to the query above. The best response and the sender’s name will be published in the next Express H2B Newsletter.


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