OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

On Thursday, March 5, 2015, the U.S. Citizenship and Immigration Services (USCIS) temporarily suspended adjudication of Form I-129 for H-2B petitions for temporary non-agricultural workers!

As a result of a federal court decision on March 4, 2015 (Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015)) against the Department of Labor (DOL), the DOL can no longer accept or process requests for Prevailing Wage Determinations or temporary labor certifications under the H-2B Visa program. A Federal Judge vacated the DOL’s 2008 H-2B regulations on the ground that the DOL lacks the authority under the Immigration and Nationality Act (INA) to issue regulations in the H-2B program. USCIS has also temporarily suspended its adjudication of H-2B petitions because H-2B petitions require temporary labor certifications issued by the DOL. The USCIS has stated that the suspension is temporary while they consider the appropriate response to the court order.

H-2B visas are available for individuals to perform nonagricultural work of a temporary or seasonal nature, if U.S. workers capable of performing such service or labor cannot be found in the U.S. This classification requires the Sponsoring Employer to conduct active recruitment to determine if U.S. workers are available to fulfill the temporary need.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 2/27/15 with processing dates as of 12/31/14.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center (CSC)

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Question #1 – Temporary Work Visa – E3 Australian Visa

As an Australian, I am eligible for an E-3 visa, but my potential employer has suggested I am eligible and should look into an H1-B visa too. What is the difference, and which is preferable?

On Tuesday, March 3rd, the House of Representatives passed a bill to fund the Department of Homeland Security (DHS) through to the end of the fiscal year (September 30, 2015)! It was a clear bill sent over from the Senate and had no attachments targeted at President Obama’s executive actions on immigration. The vote was 257-167 and now the bill goes to President Barack Obama for his signature, which he has said he would sign. Most House Republicans voted against the bill. The winning vote was comprised of just 75 Republicans and 182 Democrats.

Source of Information:

CNN.com, 3/4/15, Article:

Congress passed a stop-gap funding bill, late Friday night, (2/27/15) funding the Department of Homeland Security (DHS) for one more week. This temporary funding is set to run out at 11:59 p.m. this Friday, (3/6/15).

The House tried earlier on Friday to pass a three week temporary funding bill but it was voted down, which was a surprise to the Speaker of the House, John Boehner. It was reported that some House Republicans voted against it because it failed to remove funding for President Obama’s executive actions on Immigration (11/20/14). Some House Democrats voted against it for not funding DHS through the end of the fiscal year.

Source of Information:

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, March 6, 2015. Act now and submit your questions!

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 2015 (October 1 – March 31) is 33,000. As of the last count (1/26/15) this first half cap count has been reached. Please read USCIS update below!

The H-2B cap limit for second half of FY 2015 (April 1 – September 30) is 33,000. As of the last count (2/13/15); 9,761 beneficiaries have been approved and 1,345 are pending for a total of 11,106.

Last Sunday, February 22nd, I watched the 87th Academy Awards with millions of other viewers across the world. It was nearly over with only one award left to be given, the Oscar for Best Picture. Actor Sean Penn was brought out as the Presenter and he quickly opened the envelope! He then stated, “Who gave this son of a bitch his green card?” as he presented Mexican Director Alejandro Gonzalez Iñarritu the Oscar for Best Picture for “Birdman.”

Iñarritu got the last word by dedicating the Oscar to his fellow Mexicans! In the last line of his acceptance speech he stated, “I just pray they (immigrants) can be treated with the same dignity and respect of the ones that came before and built this incredible, immigrant nation.”

The “Birdman” director later told reporters about Penn’s joke, “I found it hilarious. Sean and I have that kind of brutal relationship where only true friendship can survive.” I will say one thing about Penn’s off color joke; at least it got us to think about how immigration affects all of us!”

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.

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

The United States Citizenship and Immigration Services (USCIS) will be holding a stakeholder teleconference on Wednesday, February 25, 2015 between 3:00 to 4:00pm (EST). The subject of the event will be a “Dialogue with USCIS Director León Rodríguez” and will include his introduction and a Q&A session. León Rodríguez was confirmed by the U.S. Senate in June and sworn in on July 9, 2014, as the new director of USCIS. For more information on this teleconference please review the Meeting Invitation.

Event Information:

DATE: Wednesday, February 25, 2015 TIME: 3:00 – 4:00 pm (EST)

Contact Information