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H-2B Cap Count for FY 2013

Submitted by Editor on May 21st 2013

 

The H-2B Program

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.
For more information about the H-2B program, see the link to the left under "H-2B Non-Agricultural Workers." 

What is the H-2B Cap?

There is a statutory numerical limit, or "cap," on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year.   Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year.  There is no "carry over" of unused H-2B numbers from one fiscal year to the next.

Persons who are exempt from the H-2B cap

Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the H-2B cap.  Similarly, the spouse and children of H-2B workers classified as H-4 nonimmigrants are not counted against this cap.   Additionally petitions for the following types of workers are exempt the H-2B cap

  • Fish roe processors, fish roe technicians and/or supervisors of fish roe processing
  • From November 28, 2009 until December 31, 2014, workers performing labor or services in the Commonwealth of Northern Mariana Islands (CNMI) and/or Guam.

Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap. 

 

 

 

Fiscal Years 2012 and 2013 H-2B Cap Count

As USCIS receives H-2B petitions for fiscal years 2012 and 2013, the below chart will be regularly updated

 

Cap Type

 Cap Amount

 Beneficiaries Approved

 Beneficiaries Pending

Target Beneficiaries  

Total

 Date of Last Count

H-2B 1st Half FY 2013

 33,000 

43,089

       174   44,000

43,263

3/31/2013

H-2B
2nd Half 2013

33,0002

                   20,712        1,860    0  22,572  5/17/2013

 

 

1   Refers to the estimated number of beneficiaries needed to be included on petitions filed with USCIS to reach the H-2B cap, with an allowance for withdrawals, denials and revocations.  This number will always be higher than the actual cap.

2 As noted, if the cap is not reached for the 1st half of the fiscal year, those numbers will be made available for use during the 2nd half of the fiscal year.  In some fiscal years, therefore, depending on demand for H-2B workers, more than 33,000 cap-subject persons may be granted H-2B status during the 2nd half of the fiscal year.

Applications for the FY 2013 Citizenship and Integration Grant Program Due by May 22

Submitted by Editor on May 15th 2013

On April 18, USCIS announced the availability of the Citizenship and Integration Grant Program, a competitive grant opportunity which promotes immigrant civic integration and prepares permanent residents for citizenship. Applications are due by May 22, 2013.

Through this grant opportunity, USCIS seeks to expand the availability of high-quality citizenship preparation services. Organizations selected to receive funding will offer both citizenship instruction and naturalization application services to permanent residents. USCIS expects to announce an estimated 40 award recipients in September 2013.

To apply for this funding opportunity, visit www.grants.gov. USCIS encourages applicants to visit www.grants.gov in advance of this deadline in order to obtain registration information needed to complete the application process.

For additional information on the FY 2013 Citizenship and Integration Grant Program, visit www.uscis.gov/grants or contact the USCIS Office of Citizenship by email at citizenshipgrantprogram [at] uscis [dot] dhs [dot] gov.

USCIS Announces Expansion of Entrepreneurs in Residence Initiative

Submitted by Editor on May 9th 2013

WASHINGTON—In just over one year, U.S. Citizenship and Immigration Services’ (USCIS) innovative Entrepreneurs in Residence (EIR) initiative has produced real benefits that will strengthen agency policies and practices relating to job-creating immigrant entrepreneurs who help advance American economic growth. USCIS Director Alejandro Mayorkas will discuss the EIR team’s accomplishments, including recent enhancements to Entrepreneur Pathways, USCIS’s online resource center for entrepreneurs, today at the University of Chicago Booth School of Business. He will also announce plans to use the EIR model to bolster agency expertise in a broader range of industries.

“Our EIR initiative has had one overarching goal – to ensure that we capture the full potential of current immigration laws to attract and retain startup enterprises that promote innovation and create jobs in America,” said Director Mayorkas. “In the 15 months since we started the initiative, we have seen positive results based on the combined talent of private sector experts and our own internal experts and we are eager to expand this concept to other industries we serve.”

Launched at a February 2012 summit in Silicon Valley, the EIR initiative brought together startup experts and USCIS immigration experts to work collaboratively to streamline pathways fora range of existing visa categories often used by entrepreneurs. Three aims were key to the overall initiative: producing clear public materials to help entrepreneurs understand relevant visa categories; equipping USCIS staff with the right tools to adjudicate cases in today’s complex business environment; and streamlining USCIS policies to better reflect the realities faced by foreign entrepreneurs and startup businesses.

USCIS today released a summary of the EIR team’s work. Some of the highlights over the past year include:

  • Nearly 30,000 visits to Entrepreneur Pathways, which provides entrepreneurs seeking to start a business in the United States an intuitive way to navigate the immigration process;
  • Approximately 500 participants across the United States in USCIS’s entrepreneur-focused engagements;
  • More than 400 USCIS employment-based immigration officers trained on startup businesses and the environment for early-stage innovation; and
  • More than 100 USCIS officers receiving additional specialized training to handle entrepreneur and startup cases.

USCIS is now seeking new private sector experts, using the Department of Homeland Security’s (DHS’s) Loaned Executive Program, in the areas of performing arts, health care and information technology. The introduction of expert views in these areas will help USCIS gain additional insights, and strengthen its policies and practices in areas critical to economic growth. To learn more about these opportunities, please visit DHS’s Loaned Executive Program website.

Employers Must Use Revised Form I-9, Employment Eligibility Verification

Submitted by Editor on May 8th 2013

U.S. Citizenship and Immigration Services (USCIS) reminds employers that they must use the revised Form I-9, Employment Eligibility Verification (Revision 03/08/13)N for all new hires and reverifications. All employers are required to complete and retain a Form I-9 for each employee hired to work in the United States.

The revision date of the new Form I-9 is printed on the lower left corner of the form. Employers should not complete a new Form I-9 for existing employees, however, if a properly completed Form I-9 is already on file.

A Spanish version of Form I-9 (revision 03/08/13)N is available on the USCIS website for use in Puerto Rico only. Spanish-speaking employers and employees in the 50 states, Washington, D.C., and other U.S. territories may use the Spanish version for reference, but must complete and retain the English version of the form.

The revised forms are available online at www.uscis.gov/I-9. For more information, please call 888-464-4218. Representatives are available Monday through Friday, from 8 a.m. to 5 p.m. USCIS maintains a website, I-9 Central, to support Form I-9 users. USCIS has also scheduled free webinars to help employers learn about the new form.

Senate Judiciary Committee Releases Sponsors' Amendment to S. 744

Submitted by Editor on May 3rd 2013

Redline version of the Senate “Gang of Eight” Sponsors’ Amendment to S.744, released 5/1/13, to be introduced for markup in Senate Judiciary Committee.

Please check the attachment.

USCIS Reminder for All Employers to Use the New Form I-9 (revision 03/08/13)N beginning May 7, 2013

Submitted by Editor on May 2nd 2013

U. S. Citizenship and Immigration Services (USCIS) released the new Form I-9 for immediate use by all employers! Some of the new features include:

  • Form I-9 has gone from one to two pages.
  • Expanded instructions for better understanding.

The new form and the updated “Handbook for Employers, Guidance for Completing Form I-9" is available online at I-9 Central and USCIS. See the press release.

USCIS Immigrant Fee Payment to Move to USCIS ELIS

Submitted by Editor on May 1st 2013

USCIS is moving the existing online payment for the USCIS Immigrant Fee to its Electronic Immigration System (USCIS ELIS). Customers will soon pay the $165 USCIS Immigrant Fee using USCIS ELIS after they receive their immigrant visa package from the Department of State and before they depart for the United States. USCIS ELIS is easy to use and provides direct access to case status updates. New immigrants will also use USCIS ELIS to file future applications and petitions when they become available in the system.

This fee has been in place since Feb. 1, 2013. Immigrants who receive their visas at U.S. Embassies and Consulates abroad must pay the fee online. The fee allows USCIS to recover the cost of processing the immigrant visa package and other information as well as producing and delivering the permanent resident card after immigrant visa holders are admitted to the United States. Immigrants will soon be directed to the USCIS ELIS website to create an online account and pay the immigrant fee.

The fee does not apply to certain special immigrants and those entering the United States through the inter-country adoption programs.

The USCIS Immigrant Fee is a separate fee from the Department of State immigrant visa application. 

Rejection of Provisional Unlawful Presence Waiver Applications (Form I-601A)

Submitted by Editor on Apr 29th 2013

Since March 4, 2013, U.S. Citizenship and Immigration Services (USCIS) has been accepting applications for Provisional Unlawful Presence Waivers (Form I-601A).  USCIS, however, rejected many of these applications because customers did not provide proof that the required Immigrant Visa Application Fee was paid to the U.S. Department of State (DOS).

REMINDER: USCIS cannot accept a Form I-601A unless it includes evidence that the applicant paid the Immigrant Visa Application Fee to DOS.

Please make sure you:

  • Pay the Immigrant Visa Application Fee to DOS before you apply for a Provisional Unlawful Presence Waiver (Form I-601A)
  • Send the DOS Immigrant Visa Application Fee receipt that proves you paid the fee along with your I-601A application; and
  • Make sure the receipt you send is the official, DOS-issued receipt with the National Visa Center Case Number clearly visible. Other types of receipts, such as money order receipts, cannot be accepted.

If you fail to submit the DOS-issued fee receipt as evidence of payment, USCIS will reject your provisional unlawful presence waiver.

Be sure to provide USCIS with the DOS-issued receipt for this payment. Information on how to obtain your immigrant visa fee receipt is available on the DOS website at www.immigrantvisas.state.gov.

For more information from USCIS on submitting an Application for a Provisional Unlawful Presence Waiver, visit the USCIS.gov website at www.uscis.gov/i-601a. 

USCIS Resumes Adjudication of All H-2B Petitions Following Publication of Interim Final Rule

Submitted by Chief Editor on Apr 26th 2013

USCIS has resumed processing of all Form I-129 H-2B petitions for temporary non-agricultural workers.  On March 22, 2013, USCIS temporarily suspended adjudication of most Form I-129, Petition for Nonimmigrant Worker, H-2B petitions while the government considered appropriate action in response to the Court order in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa). The Court Order vacated a portion of the 2008 wage methodology rule dealing with the way the Department of Labor (DOL) determines the prevailing wage when relying on the Bureau of Labor Statistics' Occupational Employment Statistics (OES) survey, and provided the Department of Labor with 30 days to come into compliance. Interim Final Rule

Interim Final Rule

The Department of Homeland Security (DHS) and DOL jointly published the Interim Final Rule (IFR), Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program, Part 2, in the Federal Register on April 24, 2013. This IFR revises the prevailing wage methodology used by DOL to calculate certain prevailing wages paid to H-2B workers and U.S. workers recruited in connection with an H-2B Application for Temporary Employment Certification.

This IFR applies to H-2B work being performed on or after April 24, 2013, including by individuals currently working under an H-2B petition that was approved before April 24, 2013. Employers who have H-2B workers performing work on or after April 24, 2013, will receive a new prevailing wage determination from DOL in accordance with this IFR, if the original prevailing wage determination was based on the Occupational Employment Statistics (OES) survey four-tier wage system.

This IFR also applies to employers who have already received a temporary employment certification and have filed or will file a Form I-129 for H-2B employment with USCIS. Those employers will be responsible for providing wages that comply with this IFR for all work performed on and after the date an employer receives a supplemental prevailing wage determination from DOL, regardless of when their petition is or was approved by USCIS.  If an H-2B petition is currently pending with USCIS, DOL will issue a copy of the supplemental prevailing wage determination to USCIS when it is issued to the employer.

Requirement to Pay the New Wage

Employers are required to offer and pay this new wage for any work performed on and after the date the employer receives the supplemental prevailing wage determination from DOL.
By signing the Appendix B.1 of the H-2B Application for Temporary Employment Certification, each employer who has a certified H-2B application assumed the obligation to offer and pay to its H-2B workers and U.S. workers recruited in connection with the H-2B application, a wage that equals or exceeds the highest of the most recent prevailing wage issued by DOL to the employer for the time period the work is performed, or the applicable Federal, State, or local minimum wage if higher.

To learn more about the revised H-2B prevailing wage methodology, view frequently asked questions prepared by the Department of Labor.

Premium Processing

USCIS will begin accepting new requests for premium processing of H-2B petitions on May 1, 2013.  Please continue to check www.uscis.gov for updates.

USCIS Announces Citizenship and Integration Grant Opportunity

Submitted by Chief Editor on Apr 19th 2013

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today the availability of the Citizenship and Integration Grant Program, a competitive grant opportunity which promotes immigrant civic integration and prepares permanent residents for citizenship. The program will provide nearly $10 million in funding for citizenship preparation programs in communities across the country. Applications are due by May 22, 2013.

Through this grant opportunity, USCIS seeks to expand the availability of high-quality citizenship preparation services. Organizations selected to receive funding will offer both citizenship instruction and naturalization application services to permanent residents. USCIS expects to announce an estimated 40 award recipients in September 2013.

Since 2009, USCIS has awarded a total of $23.2 million through 142 grants to immigrant-serving organizations thathave provided citizenship preparation services to more than 51,000 permanent residents in 31 states and the District of Columbia.

To apply for this funding opportunity, visit www.grants.gov. USCIS encourages applicants to visit www.grants.gov in advance of this deadline in order to obtain registration information needed to complete the application process.

For additional information on the FY 2013 Citizenship and Integration Grant Program, visit www.uscis.gov/grants or contact the USCIS Office of Citizenship by email at citizenshipgrantprogram [at] uscis [dot] dhs [dot] gov.

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