Articles Posted in nonimmigrant visas

The Trump administration announced additional immigration reforms on Tuesday, October 6th, making it more difficult for skilled foreign workers to acquire visas, specifically, the H-1b visa. The rule will take effect in 60 days and was done without a public comment period! It was done as an interim final rule (IFR), in order to speed up the process.

Changes made by the new rules:

  • Narrow the definition of “specialty occupation” by redefining and updating regulations

The Trump administration announced additional immigration reforms on Tuesday, October 6th, making it more difficult for skilled foreign workers to acquire visas, specifically, the H-1b visa. The rule will take effect in 60 days and was done without a public comment period! It was done as an interim final rule (IFR), in order to speed up the process.

Changes made by the new rules:

  • Narrow the definition of “specialty occupation” by redefining and updating regulations

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 2021 (October 1 – March 31) is 33,000. As of the last count (10/1/20); 16,791 beneficiaries have been approved and 1,721 are pending for a total of 18,512.


The H-2B cap limit for second half of FY 2021 (April 1 – September 30) is 33,000. As of the last count (10/1/20); 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 2021 (October 1 – March 31) is 33,000. As of the last count (9/14/20); 10,424 beneficiaries have been approved and 3,418 are pending for a total of 13,842.


The H-2B cap limit for second half of FY 2021 (April 1 – September 30) is 33,000. As of the last count (9/14/20); 0 beneficiaries have been approved and 0 are pending for a total of 0.

USCIS announced that it has received a sufficient number of H-2B petitions to reach the congressionally mandated cap (33,000) for the second half of FY 2020. February 18, 2020 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before October 1, 2019. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY2019, for a total of 66,000 for the year.

USCIS will reject new H-2B petitions that were received after February 18, 2020 and that request an employment start date before October 1, 2020, but there are some exceptions!

The exceptions are listed below:

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 2020 (October 1 – March 31) is 33,000. As of the last count (2/10/20). (Cap Reached for 1st half of FY 2020)

The H-2B cap limit for second half of FY 2020 (April 1 – September 30) is 33,000. As of the last count (2/10/20); 7,770 beneficiaries have been approved and 13,456 are pending for a total of 21,226.

U.S. Citizenship and Immigration Services (USCIS) has announced that the Department of Homeland Security (DHS) will be publishing the list of eligible countries for the H-2A and H-2B Visa Programs on January 17, 2020 in the Federal Register. The list of eligible countries was developed by both USCIS and DHS working with the Department of State (DOS). I have included the link to the Federal Register Notice for you to review.

For further details please review the USCIS News Alert, “USCIS Announces Countries Eligible for H-2A and H-2B Visa Programs”.

 
 
Source of Information:

On Wednesday, November 20, 2019, USCIS announced that it has reached the H-2B cap for the first half of fiscal year 2020. November 15, 2019 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before April 1, 2020. 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 FY2020. 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;

On Wednesday, November 20, 2019, USCIS announced that it has reached the H-2B cap for the first half of fiscal year 2020. November 15, 2019 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before April 1, 2020. 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 FY2020. 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;

On November 15, 2019, USCIS reached the cap limit for the 1st half of Fiscal Year 2020!

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 2020 (October 1 – March 31) is 33,000. As of the last count (11/15/19). (Cap Reached for 1st half of FY 2020)

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