Update from Washington: Employer's Preview of Immigration Restrictions from the Administration
One of the most pressing issues facing seasonal businesses continues to be labor – specifically how to secure reliable employees to fill seasonal and permanent needs. Advertising does not always work and if you are lucky...more
The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more
On July 9, 2024, the U.S. Department of Labor (“DOL”) published the list of randomized H-2B applications that were submitted between the filing window of July 3-5, 2024. The 2,158 applications submitted in this filing window...more
Each year the Department of Homeland Security (DHS) oversees the administration of the H-2B program that provides up to 66,000 visas for non-citizen workers to enter the United States to fill jobs in non-agricultural seasonal...more
Amid the ever-evolving landscape of business and workforce dynamics, the recent buzz around the H-2B visa lottery has sent ripples of anticipation and concern through companies reliant on foreign workers. As immigration and...more
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more
U.S. Citizenship and Immigration Services (USCIS) recently announced that as of March 7, 2024, the H-2B cap had been reached for the second half of fiscal year (FY) 2024....more
1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the...more
There has recently been a flurry of new Federal Register notices issued by U. S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Labor (USDOL) relating to fees and reimbursements for a myriad of visa...more
The U.S. Department of Labor (DOL) published its new immigration-related fines/penalties, effective January 15, 2024. Immigration-related violations before the DOL involve these visas: H-1B, H-2A, and H-2B. These increases...more
U.S. Citizenship and Immigration Services (USCIS) recently announced that as of January 9, 2024, the additional returning H-2B worker allotment of 20,716 visas for the first half of fiscal year (FY) 2024 (October 1, 2023, to...more
The U.S. Department of State recently announced that effective January 1, 2024, consular officers have expanded discretionary authority to waive the in-person interview requirement for certain nonimmigrant visa applicants....more
The U.S. Department of Labor recently distributed randomized H-2B group assignments. In the past, there have been a sufficient number of visas reserved for Group A to meet the initial visa cap of 33,000. Group A and Group B...more
On December 21, the U.S. Department of State announced that for 2024 it would continue to waive the requirement of consular interviews for certain nonimmigrant visa applications. However, the 2024 waiver requirements are...more
Congress has approved an additional 64,716 H-2B visas for fiscal year 2024, supplementing the 66,000 available annually. As in prior years, restrictions will apply. A temporary final rule has been published in the Federal...more
In the spirit of the season, the U.S. Department of Homeland Security has given the H-2B community some news for which to be thankful. The first is an announcement updating the Eligible Countries List...more
The current administration and multiple members of Congress seek to grant protections to H-2B non-agricultural temporary workers who are employed in the United States to fill temporary labor shortages in the U.S. market....more
In an effort to address the growing demand for H-2B visas, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have collaborated to introduce a temporary rule for FY 2024. This rule will increase the...more
On November 3, 2023, the U.S. Department of Homeland Security (“D.H.S.”) with support of the Department of Labor (“D.O.L.”) announced that it expects to make available an additional 64,716 H-2B temporary nonagricultural visas...more
U.S. Citizenship and Immigration Services (USCIS) recently announced that as of October 11, 2023, the H-2B cap for nonagricultural workers had been reached for the first half of fiscal year 2024....more
Following reports of competing bills in the House and Senate, the U.S. government is potentially headed for a shutdown, which would begin on October 1, 2023, the beginning of the 2024 fiscal year. This would directly affect...more
U.S. Citizenship and Immigration Services - With a partial government shutdown still potentially imminent, here is an overview of the potential impacts on employers and business immigration services....more
On the heels of the U.S. Department of Labor’s announcing plans to revise its H-2A program, the U.S. Department of Homeland Security (DHS) is proposing amendments to its H-2A and H-2B regulations. The proposed changes would...more
Employers seeking to hire a non-US worker on a permanent basis are generally required to undertake a lengthy, complex sponsorship process involving both the Department of Labor (“DOL”) and the United States Citizenship and...more