Articles Posted in nonimmigrant visas

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 2016 (October 1 – March 31) is 33,000. As of the last count (2/9/16); 19,655 beneficiaries have been approved and 12,293 are pending for a total of 31,948.

The H-2B cap limit for second half of FY 2016 (April 1 – September 30) is 33,000*. As of the last count (2/9/16); 0 beneficiaries have been approved and 0 are pending for a total of 0.

On Friday, December 18, 2015, President Obama signed into law the Consolidated Appropriations Act, 2016 (Public Law 114-113). Part of this new law includes fee increases for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions postmarked on or after December 18, 2015.

The additional fees apply to petitioners who employ 50 or more employees in the United States, with more than 50 percent of those employees in H-1B or L (including L-1A and L-1B) nonimmigrant status.

Petitioners must submit the additional fees when filing their H-1B or L-1 petitions for initial grants of status and when a beneficiary is transferring status to a new employer. Extensions of Status are not subject to the additional fees required under Public Law 114-113.

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 2016 (October 1 – March 31) is 33,000. As of the last count (12/14/15); 12,876 beneficiaries have been approved and 1,359 are pending for a total of 14,235.

The H-2B cap limit for second half of FY 2016 (April 1 – September 30) is 33,000*. As of the last count (12/14/15); 0 beneficiaries have been approved and 0 are pending for a total of 0.

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 2016 (October 1 – March 31) is 33,000. As of the last count (11/30/15); 11,520 beneficiaries have been approved and 1,952 are pending for a total of 13,472.

The H-2B cap limit for second half of FY 2016 (April 1 – September 30) is 33,000*. As of the last count (11/30/15); 0 beneficiaries have been approved and 0 are pending for a total of 0.

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 2016 (October 1 – March 31) is 33,000. As of the last count (11/16/15); 10,078 beneficiaries have been approved and 2,332 are pending for a total of 12,410.

The H-2B cap limit for second half of FY 2016 (April 1 – September 30) is 33,000*. As of the last count (11/16/15); 0 beneficiaries have been approved and 0 are pending for a total of 0.

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 2016 (October 1 – March 31) is 33,000. As of the last count (11/2/15); 8,342 beneficiaries have been approved and 1,988 are pending for a total of 10,330.

The H-2B cap limit for second half of FY 2016 (April 1 – September 30) is 33,000. As of the last count (11/2/15); 0 beneficiaries have been approved and 0 are pending for a total of 0.

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 2016 (October 1 – March 31) is 33,000. As of the last count (10/14/15); 6,294 beneficiaries have been approved and 1,663 are pending for a total of 7,957.

The H-2B cap limit for second half of FY 2016 (April 1 – September 30) is 33,000. As of the last count (10/14/15); 0 beneficiaries have been approved and 0 are pending for a total of 0.

USCIS is alerting applicants that certain H-1B and L-1 petitions filed on or after October 1, 2015, should not include the additional Public Law filing fee that was previously required by Section 402 of Public Law 111-230, as amended by Public Law 111-347 (for certain H-1B and L-1 petitions). The additional fee required by Public Law 111-230, as amended, expired on September 30, 2015.

Be aware that all other H-1B and L-1 filing fees, including the Base filing fee, the Fraud Prevention and Detection filing fee, and American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) filing fee when applicable, are still required. USCIS prefers separate checks for each filing fee!

Note: Petitions with incorrect fees may be rejected.

On Friday, June 5th, the USCIS reopened the H-2B cap for the second half of the fiscal year (FY) 2015. They originally closed the H-2B cap on Thursday, March 26, 2015 announcing that the cap had been reached. USCIS will accept Form I-129, Petition for a Nonimmigrant Worker, requesting new H-2B workers with an employment start date between April 1 and September 30, 2015.

USCIS has to estimate when they feel they have received enough requests to fulfill the H-2B visa limit for the fiscal year. After monitoring the issuance of H-2B visas in collaboration with the U.S. Department of State (DOS),, they determined they had received fewer requests than expected and have openly stated that there are available H-2B visas remaining for the second half of FY2015.

For more detailed information about this USCIS news alert, please read, “USCIS to Reopen H-2B Cap for the Second Half of Fiscal Year 2015“.

The U.S. Citizenship and Immigration Services (USCIS) have published two web pages with guidance for H-4 dependent spouses on their web site. This information can be used to help those who are eligible and want to apply for employment authorization under the Employment Authorization for Certain H-4 Dependent Spouses final rule.

You can view the information on:

• The Employment Authorization for Certain H-4 Dependent Spouses Web page, and • The list of Frequently Asked Questions that we have compiled since we announced the H-4 rule in February.

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