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H2B Newsletter - Monthly Updates on Seasonal Labor Immigration.


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From the Editor's Desk


December 2009 marks one year anniversary of ExpressH2B newsletter.


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-
operation 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 year.


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, stating: "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 USCIS uses this target figure to account for cases that are ultimately denied, withdrawn or revoked, as well as cases in which employers actually employ fewer workers than requested.


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 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 H-2B petitions.


Read More News



Featured Article


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.


Read Full Article | Read More Articles



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.


More Q&A



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 seasonal work.

News Bulletin
Featured Article
Questions and Answers
H2B Myths and Reality



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Test 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 H2B Newsletter.


Submit Your Answer

Winner of the THE H2B QUIZ - November 2009:

Pranab Desai

The Question:

How 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?

The Winning Response:
In order 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 need.







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