From
the Editor's Desk
 |
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.
 |
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
following:
- 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.
|
