Archive for the ‘H-2B Visa’ Category

Neufeld’s Memorandum on H-2As, & H-2Bs

Monday, July 20th, 2009

The U.S. Citizenship & Immigration Services (USCIS) Acting Associate Director, Domestic Operations, Donald Neufeld’s has issued a Memorandum relating to H-2A agricultural temporary worker and H-2B nonagricultural temporary worker. The memorandum provides guidance for processing and adjudicating of Form I-129 petition for nonimmigrant worker, filed on behalf of H-2A agricultural ...

Velarde’s Memo on Citizens from Countries not Listed on the H-2A or H-2B Visa Program

Wednesday, June 17th, 2009

To allow citizens from countries that are not listed as eligible for H-2A or H-2B classification to utilize them, the U.S. Citizenship and Immigration Services (USCIS) Service Center Operations, Chief Barbara Q. Velarde issued a memo to Service Center Directors with some guidelines. In the memo, Velarde clarifies the evidence ...

H-2B Final Rule FAQs

Wednesday, April 22nd, 2009

Last year, the Department of Labor’s (DOL’s) Employment and Training Administration (ETA) published Final Rule on the Labor Certification process and enforcement for H-2B visa category that took effect on January 18, 2009. In order to clarify queries arising from the application of the new regulations, the department published its ...

DOL Withdraw FALSA Interpretation for the H-2A and H-2B Visas

Thursday, March 26th, 2009

The Department of Labor (DOL) issued a notification withdrawing for further consideration an interpretation of the Fair Labor Standards Act (FLSA) published on December 18 and 19, 2008. DOL was oversight in its interpretation as it articulated an opinion that the FLSA and its implementing regulations do not require employers ...

Temporary H-2B Workers Filed a Lawsuit to Stay Legally

Thursday, March 12th, 2009

A group of twenty foreign welders contracted to work in Channelview have instituted a lawsuit against Coast to Coast Resources, a Port Aransas based staffing agency and ILP Agency, a Louisiana based labor firm for breaching the alleged contract of providing work for 30 months at $15 per hour. English ...

Meaning of ‘Temporary’ in New H-2B Regulations

Friday, February 27th, 2009

The USCIS proposes to revise the regulation governing H-2B visas. The new regulation would provide that employment be of a temporary nature when the employer needs a worker for a limited period of time. The employer must establish that the need for the employee will end in the near definable ...

New Form I-129 for H-2A and H-2B Petitioners

Thursday, February 5th, 2009

The USCIS states that from now on petitioners of H-2A agricultural temporary workers and H-2B non-agricultural temporary worker are required to use new Form I-129 “Non-Immigrant Worker’s Petition.” The final rules for above two categories were published in December 2008 with effective dates of January 17 and 18, 2009 respectively. ...

DHS Corrects H-2B Final Rule

Monday, January 19th, 2009

On January 13, 2009, DHS published corrections to Final Rule that originally appeared in the Federal Register on December 19, 2008, titled "Changes to Requirements Affecting H-2B Non-immigrants and Their Employees."DHS announced that some inadvertently typographical errors have occurred on pages 78127, 78128, and 78130 of PART 214-Non-immigrant Classes and ...

DHS Final Notice on H-2B Non-Immigrant Visa

Tuesday, January 13th, 2009

Department of Homeland Security (DHS) has published a final rule taking effect on January 18, 2009 amending the H-2B non-immigrant classification regulations. The rule aims to remove certain limitations like the requirement for H-2B petitioners to write the names of prospective H-2B workers, who are currently abroad on the ...

H-2B Cap Reached

Friday, January 9th, 2009

Yesterday, USCIS has announced that the congressional mandated H-2B cap for the second half of Fiscal Year 2009 (FY 2009) was reached on Jan. 7 2009 and it will be treated as the "final receipt date". Applications received after the final receipt date will be rejected and workers currently in ...