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H2B Newsletter - Monthly Updates on Seasonal Labor Immigration.


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From the Editor's Desk


The economy is still outrageous and has not made any lasting improvement since the last month. The fact that the H-1B cap is not reached yet is enough to prove how bad the economy is right now.


Well, everyone round the globe is aware of the economic miseries but no worries, we have pleasant news to share with you. President Barack Obama in his weekly address touted the gains the Recovery Act has made in a little more than 100 days. While the recession is still far from over, the Recovery Act has helped end the economic free fall, ease the rate of monthly job losses from 700,000 a month, extend unemployment and health insurance to those who have lost their jobs, and deliver $43 billion in tax relief to working families. As the Recovery Act ramps up throughout this summer and fall, it will be instrumental in laying a new foundation for America and American workers to compete and win in the 21st century.


On July 15, 2009, President Obama's Council of Economic Advisers released a report, "Preparing the Workers of Today for the Jobs of Tomorrow," that offers an overview of how the U.S. labor market is expected to grow and develop over the next few years.


The report discusses the skills and training that will likely be most relevant in growing occupations, and the attributes of an education and training system designed to best equip the workers of today for the jobs of tomorrow.


The report discusses:

  • The likely changes in the U.S. labor market as economic drivers shift from sectors like financial services to the growing sectors that are transforming our economy. The already-expanding health care sector and various environmental-related occupations, for example, are shown to be growing at a faster rate than the economy at large, creating opportunities in a variety of white collar and blue collar occupations.

  • The expected rebound in construction and some manufacturing sectors as the Recovery Act continues to invest in projects around the country and the economy emerges from the recession.

  • The importance of worker flexibility given the dynamic nature of the U.S. labor market. Of particular interest is the expected shift towards jobs that require workers with greater analytical and interactive skills. In addition, it highlights the most important attributes of a well-functioning education and training system designed to provide the U.S. workforce with the skills needed to succeed in the jobs of the future.


Figure 1 compares the distribution of workers across major industry groups in 2008 and 2016. While there is some projected movement in a few industries, these forecasts suggest that the industrial composition of the U.S. economy in 2016 will strongly resemble that in 2008.


Health care dominates the list in Figure 2, with the subsectors of nursing homes, physician offices, and hospitals growing strongly. "Other medical services and dentists," which is a broad category including the ever-expanding home health care, outpatient care, and medical and diagnostic laboratories subsectors, is expected to add the most jobs.


Thus, it can be concluded that the U.S. economy will likely emerge from the current economic downturn with a job composition that largely resembles the one of today. There will be some changes, however. There will be robust growth over the next five to ten years in industries such as health care, education, transportation, and construction. There will also be strong growth in employment in industries devoted to the production and distribution of clean energy.


So, let us hope the immigration reform repairs all the broken immigration systems in the US.


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Get geared up for an exciting year ahead!





News Bulletin


DOL FAQs on Temporary Labor Certifications in the Entertainment Industry


On June 19, 2009 the DOL Office of Foreign Labor Certification released FAQs regarding implementation of final H-2B regulations for temporary labor certifications in the entertainment industry.


Read More News



Featured Article


How to avoid visa denials under 214(b) and 221(g)


To be refused a visa when you are not expecting it causes great disappointment and sometimes embarrassment. What does a 214(b) visa refusal mean? And what can applicants and friends do to prepare for a visa reapplication? Read the complete article to find out what actually does a visa denial under section 214(B) and 221(g) mean and how you can overcome it.


Read Full Article | Read More Articles



Questions and Answers


Is a seasonal or peak load need 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?


Ans: 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.


More Q&A



H2B Myths and Reality


Myth: The H-2B program encourages illegal immigration.


Reality: The H-2B program discourages illegal immigration. This job classification offers employers the one legal means to fill peak workload job vacancies. Without the H-2B program employers would be forced to violate labor laws by hiring illegal workers in order to remain in business. Also, in order to continue to use this work program, employers must ensure that their workers return home at the end of their stay. An unfavorable return rate often leads to the State Department taking action against the employer. The words "Non-Immigrant Worker" mean that the work does not stay in country! And if the worker is terminated, the law states the employer must pay for their immediate flight ticket home.


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.


Can an employer extend its period of need for H-2B workers?


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 - June 2009:

Jarnail Singh

The Question:

Neil is on J-1 till October 2009 and he wants to extend stay or change his status to H-2B. His current employer has petition for H-2B workers till December 2009. Can his employer put his name in the petition and change his status from J-1 to H2B? If not is there any chance for him to extend his J-1 status without going home?

The Winning Response:
It is possible to extend his J-1 visa for a period of time necessary to complete your program. However, if your program is over, you'll need a new visa as J-1 is only good for the duration of the program under which it was initially issued. You have to contact your J-1 sponsor regarding this matter.







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