H-2B

News & Analysis as of

USCIS Updates Its List of 68 Countries Eligible to Participate in the H-2A and H-2B Visa Programs

On December 16, 2014, Department of Homeland Security (DHS) and United States Citizenship and Immigration Services (USCIS), in consultation with Department of State, added five new countries to the list of countries eligible...more

Appeals Court Vacates DOL Rule Authorizing Use of Skill-Based Private Wage Surveys in H-2B Temporary Labor Certification...

On December 5, 2014, a panel of the U.S. Court of Appeals for the Third Circuit issued an opinion vacating the Department of Labor (DOL) regulation and related guidance memorandum authorizing DOL, at the request of the...more

H-2B Cap for First Half of Fiscal Year 2014 is Reached

USCIS has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of Fiscal Year 2014 (33,000 workers). The final receipt date for new H-2B worker petitions requesting an...more

New Countries Eligible to Participate in the H-2A and H-2B Visa Programs

The Department of Homeland Security and the Department of State have added four countries to the list of countries whose nationals are eligible to participate in the H-2A and H-2B Visa programs for the coming year. The...more

DOL Advises Employers On Handling Of PERM, H-2A, And H-2B Applications After Government Shutdown

On October 31, 2013, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced that employers with time-sensitive recruitment or prevailing wage determinations that did not timely submit PERM...more

USCIS Issues Guidance Regarding Handling of Certain I-129 Petitions Affected by the Government Shutdown

During the government shutdown between October 1 and October 17, 2013, while the U.S. Citizenship and Immigration Services (USCIS) was operational as usual, the Department of Labor (DOL) was not. This affected the ability of...more

The Federal Government Reopens: An Update on Immigration Processing

The government officially reopened on October 17, 2013 after a shutdown that started on October 1. The shutdown had substantial immigration consequences for employers (which were explained in detail here and here). At least...more

Giving Whistles to Guest Workers to Stop Workplace Abuse

Every year, tens of thousands of temporary H-2B workers travel to the United States with dreams of profitable employment that could lead to permanent residency. H-2B employees are temporary, foreign nonagricultural workers....more

Ohio Drywall Firm Pays Over $268K for FLSA, H-2B Violations

The U.S. Department of Labor’s Wage and Hour Division investigated Gem Interiors Inc. and found violations of the Fair Labor Standards Act (FLSA) and the H-2B temporary nonimmigrant visa program. The company agreed to pay...more

Senate Immigration Proposal Offers Both Exciting Options And More Regulation For Employers

Last month, the so-called “Gang of Eight” Democratic and Republican Senators released their comprehensive immigration reform bill entitled the “Border Security, Economic Opportunity, and Immigration Modernization Act of...more

H-2B Adjudication Resumed

As previously reported, on March 22, 2013, USCIS temporarily suspended adjudication of most H-2B petitions while the government considered appropriate action in response to the Court Order in Comite de Apoyo a los...more

H-2B Adjudication Temporarily Suspended

U.S. Citizenship and Immigration Services (“USCIS”) has temporarily suspended adjudication of most H-2B petitions for temporary non-agricultural workers in response to the Court order entered March 21, 2013 in Comite de Apoyo...more

Labor & Employment E-Note - December 2012

In This Issue: - Michigan Becomes 24th State to Prohibit Mandatory Membership, Dues - Lawsuit Questions Whether Employers Own Social-Media Accounts - Companies, Job Candidates Battle Over Use of Credit...more

Tis’ The Season - H-2B Temporary Worker Program Under Fire From the USDOL Wage and Hour Division

During the holiday season, many companies supplement the year-round workforce with temporary workers, including foreign workers employed under the H-2B temporary worker program. The United States Department of Labor Wage and...more

Summary of The Comprehensive Immigration Reform Act of 2010 Relating to Employers

On September 30, 2010, Senator Robert Menendez of New Jersey and Senator Patrick Leahy of Vermont introduced the Comprehensive Immigration Reform Act of 2010 (CIRA). It differs somewhat from the Bill introduced by...more

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