Articles Posted in nonimmigrant visas

On December 18, 2024, the Department of Homeland Security (DHS) published a new H-2 final rule and it will take effect on January 17th, this Friday! USCIS Alert stated, “The H-2 final rule significantly strengthens worker protections by, among other things, imposing new consequences on companies that charge prohibited fees or violate our labor laws, and provides greater flexibility for H-2A and H-2B workers.”

For more information, please review the USCIS News Alert, “H-1B Final Rule, H-2 Final Rule, and Revised Form I-129 Effective Jan. 17, 2025“!

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The U.S. Citizenship and Immigration Services (USCIS) announced on Friday, January 10, 2025, that they have received enough petitions to reach the cap for the additional 20,716 H-2B visas made available for returning workers for the first half of fiscal year (FY) 2025! They will continue to accept petitions for H-2B workers for the other 20,000 additional visas which have been allotted for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica.

For more information, please review the USCIS News Alert, “Cap Reached for Additional Returning Worker H-2B Visas for the First Half of FY 2025“

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On Monday, November 18, 2024, the Department of Homeland Security (DHS), working with the Department of State (DOS) announced the list of countries that are eligible to participate in the H-2A and H-2B programs. *The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. For further details please review the USCIS New Alert, “DHS Announces Countries Eligible for H-2A and H-2B Visa Programs”. 

*USCIS

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On Friday, November 15th, the Department of Homeland Security (DHS) announced they expect to add an extra 64,716 H-2B temporary nonagricultural worker visas for (FY) 2025. This addition will be added to the statutory cap of 66,000 H-2B visas allowed per fiscal year. DHS feels this will help U.S. businesses! Secretary of Homeland Security, Alejandro N. Mayorkas stated, “By maximizing the use of the H-2B visa program, the Department of Homeland Security is helping to ensure the labor needs of American businesses are met, keeping prices down for consumers while strengthening worker protections and deterring irregular migration to the United States.” 

For further details please review the USCIS News Release, “DHS to Supplement H-2B Cap with Nearly 65,000 Additional Visas for Fiscal Year 2025”. 

 
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On Thursday, September 19, 2024, USCIS announced that it has reached the H-2B cap for the first half of fiscal year 2025. September 18, 2024 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before April 1, 2025. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of H-2B workers for the first half FY2025. USCIS continues to accept petitions that are exempt from the congressionally mandated H-2B cap.

The exceptions are listed below:

• Current H-2B workers in the U.S. petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.

The H-2B cap limit for first half of FY 2025 (October 1 – March 31) is 33,000. As of the last count (9/3/24); 20,642 beneficiaries have been approved and 8,206 are pending for a total of 28,848.

The H-2B cap limit for second half of FY 2025 (April 1 – September 30) is 33,000. As of the last count (9/3/24); 0 beneficiaries have been approved and 0 are pending for a total of 0.

The U.S. Citizenship and Immigration Services (USCIS) announced-on Thursday, April 18, 2024, that they have received enough petitions to reach the cap for the additional 19,000 H-2B visas made available for returning workers for the early second half of fiscal year (FY) 2024! They will continue to accept petitions for H-2B workers for the other 20,000 additional visas which have been allotted for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica.

For more information, please review the USCIS News Alert, “Cap Reached for Additional Returning Worker H-2B Visas for the Early Second Half of FY 2024“

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