H-2 Visa

DOL Announces Procedural Change in Submitting Temporary Need Documentation for H-2B Process for Non-Agricultural Employers

ETA is announcing a process change related to the submission of applications for temporary labor certification under the H-2B visa program intended to reduce burdens on employers and streamline the adjudication of temporary need.

DOL FAQ on Foreign Labor Recruiter List

U.S. Department of Labor Employment and Training Administration OFFICE OF FOREIGN LABOR CERTIFICATION 2015 H-2B Interim Final Rule FAQs   Round 16:  Foreign Labor Recruiter List    1. What is the Foreign Labor Recruiter List?  The Office of Foreign Labor Certification (OFLC) compiles a list of people and entities that employers have indicated that they engage or plan to engage to carry out the recruitment of prospective H-2B workers (“foreign labor recruiters”).  See 20 CFR 655.9.

Employer Filing Tips for Preparing and Submitting H-2B Prevailing Wage Requests and H-2A/H-2B Labor Certification Applications

As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, the OFLC will host a webinar on Tuesday, September 13, 2016, designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies and best practices associated with employer requests for H-2B prevailing wage determinations and applications for temporary labor certification under the H-2A and H-2B visa programs.

USCIS and Department of State Launch e-Approval for H-2A Petitions

USCIS and the U.S. Department of State (DOS) announced the launch of USCIS/DOS e-Approval for Form I-129, Petition for a Nonimmigrant Worker, for the H-2A (temporary agricultural worker) classification. Beginning Wednesday, May 11, 2016, this new electronic process will allow USCIS to send approval information for H-2A petitions to DOS by the end of the next business day.

H-2B Returning Workers Exempted from the H-2B Cap for Fiscal Year 2016

Effective December 18, 2015, H-2B workers identified as “returning workers” are exempted from the fiscal year (FY) 2016 annual H-2B cap of 66,000 visas. See Immigration and Nationality Act (INA) §214(g)(9)(a), 8 U.S.C. 1184(g)(9)(a), as revised by Consolidated Appropriations Act of 2016 (Public Law 114-113).

A returning worker is defined as an H-2B worker who was previously counted against the annual H-2B cap of 66,000 visas during FYs 2013, 2014, or 2015. This means:

DHS Notice of Countries Eligible to Participate in the H-2A and H-2B Worker Programs

[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Notices]
[Pages 72079-72081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29373]

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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2011-0108]
RIN 1601-ZA11

Identification of Foreign Countries Whose Nationals Are Eligible
to Participate in the H-2A and H-2B Nonimmigrant Worker Programs