H-2B

News & Analysis as of

5 Key Developments in the H–2B Temporary Non-Agricultural Workers Program

On December 18, 2015, the Consolidated Appropriations Act, 2016 (the Act) was signed into law. In addition to approving funding for a broad range of federal programs and agencies, the law also enacted a number of changes to...more

2016 Federal Spending Bill Will Impact Immigration Programs

The fiscal year 2016 Department of Homeland Security (DHS) Appropriations Bill funds the Government’s immigration provisions, among others, through September 30, 2016. It will saddle many immigration programs with harsh fees...more

Signal International, LLC to Pay $5 Million to Settle EEOC Race, National Origin Lawsuit

Ship Building and Repair Company Subjected Indian Guest Workers to Adverse Living and Working Conditions - BIRMINGHAM, Ala. - Signal International, LLC, a Mobile, Ala. ship building and repair company, will pay an...more

Congress Approves Spending and Tax Measures; Key Labor and Employment "Riders" Omitted from Bipartisan Funding Agreement

Considered the last legislative feat of 2015, Congress approved a massive tax and spending package on Friday that includes some positive and negative provisions for employers. The Omnibus Appropriations Act funds the federal...more

Immigration Issues Included in the Omnibus Appropriation Bill

Congress has agreed on the omnibus appropriations bill, which will provide discretionary funding for the government through the end of the fiscal year, September 30, 2016. The bill includes a number of immigration-related...more

Budget bill brings both relief and disappointment (or Congressional leadership is both naughty and nice*)

Congressional leaders worked late into the night Tuesday to reach agreement on the federal budget (or omnibus appropriations in Washington-speak). Although the bill has not become law, passage is expected this week....more

Recent H-2B Program Changes Require Careful Planning by Employers

Background on the H-2B Temporary Worker Program - The H-2B program provides visas for temporary, non-agricultural positions to foreign nationals in the United States. Traditionally, employers have used the H-2B...more

Immigration Corner: USCIS Elaborates on When to File Amendment Under Simeio

We previously provided an alert on the precedential decision Matter of Simeio Solutions, LLC and its holding that an H-1B amendment must be filed whenever a new Labor Condition Application (LCA) is required to change an H-1B...more

Recent changes to employing foreign workers

This month, we take a survey of recent changes affecting employers’ ability to attract and retain foreign workers. L-1B visa denials According to U.S. Citizenship and Immigration Services’ (USCIS) data released under a...more

Employers Face Stricter Requirements when Hiring H-2B Workers

In response to recent litigation that created significant uncertainty around processing of applications for H-2B temporary foreign workers, the Department of Labor and Department of Homeland Security recently issued a federal...more

DHS and DOL Issue H-2B Rules

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs....more

DOL and DHS Release Joint New Rules for H-2B Visa Program

Last week the U.S. Departments of Labor and Homeland Security announced an interim final rule to reinstate and make improvements to the H-2B Visa program, and a final rule to establish the prevailing wage methodology to be...more

USCIS Resumes H-2B Adjudications But Premium Processing Remains Suspended

As previously reported, on March 5, 2015 U.S. Citizenship and Immigration Services (USCIS) suspended processing of H-2B petitions for non-immigrant workers, due to the federal district court decision in Perez v. Perez, No....more

USCIS Resumes Processing of H-2B Petitions

As reported on March 10, 2015, the U.S. Department of Labor (DOL) suffered a setback as result of a ruling by a federal district court in the Northern District of Florida on March 4, 2015. Essentially, in Perez v. Perez, No....more

DHS and DOL to Issue Joint Interim Final Rule on H-2B Petitions

As previously-reported, on March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor’s (DOL) 2008 H-2B regulations on the ground that DOL lacks authority under the...more

H-1Bs, H-4s and H-2Bs – Oh, My! Big developments in the H Nonimmigrant Visa Classifications, and Expanded DACA and DAPA are...

Effective May 26, 2015, United States Citizenship and Immigration Services (USCIS) will begin accepting work authorization for H-4 spouses of two groups of H-1B nonimmigrant workers: those who have an approved I-140 petition...more

USCIS Temporarily Suspends Adjudication of H-2B Petitions Following Court Order

As of March 5, 2015, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of H-2B petitions for temporary non-agricultural workers while the government considers the appropriate response to...more

Adjudication of H-2B Petitions Temporarily Suspended

On March 4, 2015, the Department of Labor (DOL) suffered a major blow as result of a ruling by a federal district court in the Northern District of Florida. Specifically, in Perez v. Perez, No. 3:14-cv-682 (N.D. Fla. Mar. 4,...more

USCIS Announces H-2B Cap Reached for the First Half of Fiscal Year 2015

USCIS announced that, as of January 26, 2015, it has received a sufficient number of petitions to reach the congressionally mandated limit, or “cap” on the total number of foreign nationals who may seek a visa or otherwise...more

H-2B Cap Reached for the First Half of Fiscal Year 2015

On February 2, USCIS announced that the congressionally mandated H-2B cap for the first half of fiscal year 2015 has been reached. January 26, 2015 was the final receipt date for new H-2B worker petitions requesting an...more

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

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