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H2B Newsletter - Monthly Updates on Seasonal Labor Immigration.


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From the Editor's Desk


We are back again with latest news and updates from the landscape of seasonal labor immigration. As the economy is moving back to normal, it is observed that the demand in the H-2B visas has increased significantly over a short period of time.


The USCIS has recently informed that as of November 13, 2009, it has received filings for 22,428 H-2B beneficiaries. Of these, 20,937 petitions have been approved and 1,491 are pending. Employers can still file cap-subject H-2B temporary nonagricultural work petitions for employment start dates through March 31, 2010, the first half of the current fiscal year.


USCIS has set a target of 47,000 cap-subject H-2B petition beneficiary receipts to meet the 33,000 cap for the first half of the fiscal year. USCIS uses a target figure to account for cases that are ultimately denied, withdrawn or revoked, as well as cases in which employers actually employ fewer H-2B workers than requested in their petitions.


So, as the economy is moving back to normal, it is expected that H-2B visas will go off soon. Therefore, we advise employers to contact ExpressH2B immediately to meet their H-2B needs for the current year and start planning for the FY2011 filing season, which begins in just a few months, on April 1, 2010.


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Get geared up for an exciting year ahead!





News Bulletin


Latest H-2B Cap Count


USCIS has recently informed that, as of November 6, it has received 21,327 H-2B petitions. Of these, 19,736 H-2B petitions have been approved and 1,591 are pending. Employers can still file cap-subject H-2B temporary nonagricultural work petitions for employment start dates through March 31, 2010, the first half of the current fiscal year.


Read More News



Featured Article


5 Steps to Extend Your Employee's H-2B Visa


The H-2B working visa is a nonimmigrant visa 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. The process for extending an H-2B visa is similar to the process for obtaining the original visa, The only difference is that an H2B visa holder applying for an extension is not subject to the annual cap of 66,000. This article describes 5 simple and easy steps to assist the employers of H-2B visa holders to file an extension for their employees.


Read Full Article | Read More Articles



Questions and Answers


Question: Does approval of the H-2B petition guarantee visa issuance?


Ans: Approval of a petition does not guarantee visa issuance to a foreign national. Foreign national must establish that they are admissible to the U.S. under provisions of the Immigration and Nationality Act (INA).

If the prospective worker is outside of the country, he must apply for a visa. After the INS has approved the I-129 and sent notice to the consulate in the beneficiary's country, the beneficiary must file a visa application with the consulate. Some non-US workers may be visa-exempt. In those cases, the I-129 approval notice is sent to the port of entry (POE) where the beneficiary intends to apply for admission. If the beneficiary is already in the U.S. and is changing from one non-immigrant status to another, a visa is not required. However, a visa may be required if the beneficiary subsequently leaves the U.S. and wishes to re-enter.


More Q&A



H2B Myths and Reality


Myth: H-2B is legalized indentured servitude.


Reality: What is interesting is that many times it is the same groups screaming that Americans are being denied jobs that use this same argument as well. Most Americans are confused as to why someone from Central America or Eastern Europe would want to spend so much money to come to the US and yet make so little while they are here. What Americans cannot comprehend is that in many countries it is not uncommon for the annual family income to be less than $5,000 per year. Thus an H-2B worker can often make in 4 months what it would have taken a year for their family to make at home. It is true that H-2B workers are only allowed to work for the employer that has sponsored them. Therefore, this worker is not allowed to freely move from job to job as an American would. This however is in-place to guarantee that the worker does not displace any American workers while they are present in the US.

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.


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?


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 - October 2009:

Vania O'Connor

The 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 and Florida?

The Winning Response:
No. Training and Employment Guidance Letter states that an employer desiring to hire H-2B workers must file a complete ETA Form 750, Part A, with the State Workforce Agency (SWA) serving the area of intended employment. A temporary labor certification is valid only for the number of foreign workers, the occupation, the area of intended employment, the specific occupation and duties, the period of time, and the employer specified on the Application for Alien Employment Certification, ETA Form 750.







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