nonimmigrant visas

October 27, 2015

H-2B Cap Count UPDATE – 10/14/15

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.

October 15, 2015

Public Law 111-230 H-1B, L-1 Additional Fees Have Expired

by Kellie N. Lego

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.

June 15, 2015

USCIS Reopened H-2B Cap for the Second Half of FY2015

by Kellie N. Lego

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“.

June 5, 2015

USCIS Publishes Filing Guidance for Certain H-4 Dependent Spouses

by Kellie N. Lego

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.

May 27, 2015

Employment Authorization for Certain H-4 Dependent Spouses Final Rule is now in Effect!

by Kellie N. Lego

USCIS has begun accepting employment authorization (EAD) applications from certain H-4 dependent spouses as of Tuesday, May 26, 2015 – qualified H-4 nonimmigrants should start the process as soon as possible. Once USCIS approves Form I-765, Application for Employment Authorization, and the H-4 dependent spouse receives the physical Employment Authorization Document (EAD), he or she may begin working in the United States.

USCIS Director León Rodríguez announced on Tuesday, February 24th, that the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR), effective May 26, 2015.

Finalizing the H-4 employment eligibility was one of President Obama’s key elements in his immigration executive actions announced last November.

May 22, 2015

Reminder – DHS Extends Eligibility for EAD to Certain H-4 Dependent Spouses – 5/26/15

by Kellie N. Lego

Reminder: USCIS will begin accepting employment authorization (EAD) applications from certain H-4 dependent spouses on Tuesday, May 26, 2015 – qualified H-4 nonimmigrants should start the process as soon as possible. Please note that EAD applications CANNOT be filed until May 26th.

USCIS Director León Rodríguez announced on Tuesday, February 24th, that the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR), effective May 26, 2015.

Finalizing the H-4 employment eligibility was one of President Obama’s key elements in his immigration executive actions announced last November.

May 21, 2015

USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions

by Kellie N. Lego

USCIS announced that they will temporarily suspend premium processing for all H-1B Extension of Stay petitions as of Tuesday, May 26, 2015. This suspension will last until Monday, July 27, 2015.

During this temporary suspension period, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant.

If you filed an H1B Extension of Stay petition with premium processing before the May 26th suspension date, the USCIS will still process your request.

May 14, 2015

Reminder – DHS Extends Eligibility for EAD to Certain H-4 Dependent Spouses – 5/26/15

by Kellie N. Lego

Reminder: USCIS will begin accepting employment authorization (EAD) applications from certain H-4 dependent spouses on Tuesday, May 26, 2015 – qualified H-4 nonimmigrants should start the process as soon as possible. Please note that EAD applications CANNOT be filed until May 26th.

USCIS Director León Rodríguez announced on Tuesday, February 24th, that the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR), effective May 26, 2015.

Finalizing the H-4 employment eligibility was one of President Obama’s key elements in his immigration executive actions announced last November.

April 10, 2015

USCIS Reaches H-2B Cap for Fiscal Year 2015

by Kellie N. Lego

U.S. Citizenship and Immigration Services (USCIS) has announced that the congressionally mandated H-2B cap for fiscal year (FY) 2015 was reached on Thursday, March 26, 2015.

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 (10/01 – 03/31) and 33,000 for the second half (04/01 – 9/30) for a total of 66,000 H2B visas issued per fiscal year.

Timeline for H-2B cap for fiscal year (FY) 2015:

March 19, 2015

USCIS Resumes H-2B Adjudications – Premium Processing Remains Suspended!

by Kellie N. Lego

On Tuesday, March 17th, the Department of Homeland Security (DHS) resumed adjudication of H-2B Visa petitions! They announced that they would continue the suspension on H-2B premium processing until further notice. Premium Processing is a service which for an added cost can be used to expedite processing of certain employment-based petitions and applications, such as an H-2B Visa petition.

On March 16, 2015 the Department of Labor (DOL) requested and was granted a stay of the March 4th order of the U.S. District Court for the Northern District of Florida in Perez v. Perez until April 15. That order vacated DOL’s H-2B regulations on the grounds that DOL had no authority under the Immigration and Nationality Act to issue them.

Please review the link to USCIS News Alert, “USCIS Resumes H-2B Adjudications; Premium Processing Remains Suspended” for more information and for more background information, view our blog post, “USCIS Temporarily Suspends Adjudication of H-2B Petitions As of 3/5/2015“.