Category: H2b cap 2020

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H2b cap 2020

Acting Homeland Security Secretary Chad Wolf said Tuesday that no decision has yet been made on whether to raise the H-2B visa cap for seasonal guest workerscalling on Congress to act instead -- and promising that any cap hike would be accompanied by measures to tackle waste and abuse in the system.

The H-2B visa program gives temporary legal status to non-agricultural seasonal workers in areas such as landscaping and service-industry jobs in restaurants and hotels. The vast majority of the visas go to Mexican workers. The number of such visas in a single year is capped by Congress at 66, but the Trump administration has raised that cap significantly each year. Last year it was increased by an additional 30, workers, and Congress has given DHS and the Department of Labor the authority to raise that cap by 64, visas a year.

The Wall Street Journal reported last week that the Trump administration plans to greenlight 45, additional seasonal workers in two waves. The first 20, visas would be immediately available, and the second from June onward. On the Hill, raising the cap sees both bipartisan support and opposition.

Both Republicans and Democrats have sent letters to the administration on both sides of the issue. Chuck Grassley, R-Iowa.

Jeanne Shaheen, D-N. James Lankford, R-Okla. But Wolf told lawmakers that if DHS did raise the cap, it would be accompanied by efforts to crack down on abuse and fraud. He told lawmakers that he had spoken to Labor Secretary Eugene Scalia about six times in recent weeks about the issue and that they are looking to have an announcement relatively soon so the industries know how many visas they have to work with.

Adam Shaw is a reporter covering U. He can be reached here.A recent announcement from AmericanHort Director of Advocacy and Policy Communications Tristan Daedalus urged members of the horticulture industry to voice their concerns and save the H-2B bill. He shares how, in late November, the U. On Nov. For more information, visit americanhort. Laurer is most famous for creating the universal bar code now used across the world for retail packaging.

On a June morning ina Marsh Supermarket cashier in Troy, Ohio, rang up a cent pack of Juicy Fruit chewing gum using something novel β€” the black and white stripes of a universal bar code. The Universal Product Code is now a packaging mainstay on everything from cereal boxes and produce to electronics and airplane tickets, but it might not have worked without IBM engineer George Laurer.

Laurer, who died this month at 94 in North Carolina, had been given an assignment by his manager: Write a proposal for grocery executives explaining how IBM would take a previously invented bar code pattern, in the shape of a bull's-eye, and make it work in supermarkets across the country. But when that manager returned from a vacation, Laurer was there to meet him.

Instead, Laurer had created something else β€” the bull's-eye was gone and in its place was a linear bar code. Laurer had deemed the bull's-eye design unworkable.

The circular code, inspired by Morse code and patented by N. Joseph Woodland and Bernard Silver inwas too small, and it would smear when run through the poor-quality printing presses used for most food labels at the time. Continue to the full story at NPR.

The Kansas Dept. Trees become infested with EAB when adult beetles lay eggs on the bark, which then hatch into larvae that bore tunnels into the tree. The KDA encourages anyone in NE Kansas to keep an eye out for signs of EAB in their ash trees, and to be careful not to transport any wood or tree materials from ash trees out of your county.

This includes firewood, nursery stock, green lumber and composted or un-composted chips. It will now expand to Jackson County as well. Continue to full article here. Stern has been in the nursery industry for more than 15 years with experience in field production, wholesale and landscape sales, and most recently as the production manager for a large container operation on the East Coast. Designed to educate growers, each session will provide the attendees with the latest research and give them actionable tactics to implement in the nursery.

Registration is required; space is limited to 50 people. Speakers include an expert from a major boxwood producer, university ag research facilities, the United States Department of Agriculture, the Oregon Department of Agriculture and the Animal and Plant Health Inspection Service.

Specific topics include the latest updates on cultivar testing and control strategies for boxwood blight, sanitation tactics and an overview of the nursery production survey implemented by the ODA.

Anticipated pesticide re-certification credits will be available from California, Oregon and Washington. Read the story, below: On a June morning ina Marsh Supermarket cashier in Troy, Ohio, rang up a cent pack of Juicy Fruit chewing gum using something novel β€” the black and white stripes of a universal bar code.The U. To be eligible for H-2B visas, the application must be filed before the semi-annual cap of 33, is met.

In recent years, the Office of Foreign Labor Certification OFCL has seen an overwhelming increase in the number of H-2B visa applications, as labor certifications typically spike in early January for temporary and seasonal jobs in the spring and summer. Because the demand for H-2B visas remains high, employers should consider starting the process in December by filing a Prevailing Wage Determination. The H-2B visa program allows U.

These are far from the only industries that can hire H-2B workers. Other common users of the H-2B visa include the construction industry, where short-term, one-time need can drive hiring; tourism-related industries; and athletics entities with a defined, seasonal schedule.

Once the Application for Prevailing Wage Determination has been reviewed and a wage determination issued by the OFLC, employers must file an ETA B request for a temporary labor certification with the Department of Labor to demonstrate a need to address a temporary labor shortage.

The DOL then reviews the ETA B and, once the request has been accepted, instructs employers to complete certain mandatory recruitment steps. If the employer confirms that no qualified U. All Rights Reserved. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation. South Bend. Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

Our site is provided for informational purposes only and should not be considered legal advice. Back to Alerts. Tejas Shah Partner Chicago. P F Mercedes Badia-Tavas Partner Chicago. Michael E. Durham Partner South Bend. Michael Durham Partner South Bend. Subscribe Do you want to receive more valuable insights directly in your inbox?A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation.

Learn More. This includes government actions and resources, AILA's policy recommendations, and materials and talking points to engage with Congress and the press.

USCIS updated its H-2B cap count for FYstating that it has received 21, beneficiaries toward the 33, cap for the second half of FY, with 7, approved and 13, pending. USCIS updated its H-2B cap count for FYstating that it has received 33, beneficiaries toward the 33, cap for the first half of FY, with 28, approved and 4, pending. USCIS updated its H-2B cap count for FYstating that it has received 32, beneficiaries toward the 33, cap for the first half of FY, with 26, approved and 5, pending.

USCIS updated its H-2B cap count for FYstating that it has received 29, beneficiaries toward the 33, cap for the first half of FY, with 22, approved and 6, pending.

USCIS updated its H-2B cap count for FYstating that it has received 25, beneficiaries toward the 33, cap for the first half of FY, with 21, approved and 4, pending. USCIS updated its H-2B cap count for FYstating that it has received 20, beneficiaries toward the 33, cap for the first half of FY, with 18, approved and 2, pending.

USCIS updated its H-2B cap count for FYstating that it has received 18, beneficiaries toward the 33, cap for the first half of FY, with 14, approved and 3, pending.

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USCIS updated its H-2B cap count for FYstating that it has received 13, beneficiaries toward the 33, cap for the first half of FY, with 11, approved and 2, pending. USCIS updated its H-2B cap count for FYstating that it has received 10, beneficiaries toward the 33, cap for the first half of FY, with 7, approved and 3, pending.

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Subscribe Today. Agency Processing Time Reports View the latest processing times. Title Assign to Folder optional. Web Seminars. Follow Us: facebook twitter linkedin YouTube Instagram.Members may download one copy of our sample forms and templates for your personal use within your organization.

Neither members nor non-members may reproduce such samples in any other way e. The extra numbers are on top of the 66, H-2B visas already issued this fiscal year.

The H-2B visa program allows U. Congress has set the H-2B visa cap at 66, per fiscal year, with 33, visas granted for workers who begin jobs in the first half of the month period Oct.

Businesses and industry groups, citing labor workforce needs, have pressured the DHS for months to release additional H-2B visas.

Congress authorized the additional numbers in the FY spending package that it passed in March. The same number of additional visas were also authorized in FYalthough at a much later date, in late July, leading many seasonal employers to say the assistance came too late.

h2b cap 2020

The administration took more than two months to take action after Congress gave it authority to provide relief to employers. Eligible employers for H-2B visas can file their petitions, along with a Department of Labor-approved temporary labor certification and an attestation that they will suffer "irreparable harm" without the additional workers.

Details on eligibility and filing requirements are available here. The DHS said that applications will be processed in the order in which they are received, and a lottery will be used if the number of applications overwhelms the number of available visas. Bill Sieling, executive vice president of the Chesapeake Bay Seafood Industries Association, said the announcement was good news, but that the mention of a lottery is concerning because long-time users of the program may not get their workers in the end.

H-2B visas were issued in a lottery for the first time earlier this year, instead of on a first-come, first-served basis, due to the excessive demand for visas at the start of the filing season. The decision to issue more visas will bring some relief to employers who say they cannot find sufficient workers, like the seafood processing plants along Maryland's Eastern Shore that are missing up to 40 percent of their usual workforce this crab season, according to The Baltimore Sun.

Andy Harris, R-Md. He said the additional visas are "significant progress" but still won't accommodate the full demand for workers this year. You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. By Roy Maurer June 1, Reuse Permissions. Image Caption. Modest Relief The decision to issue more visas will bring some relief to employers who say they cannot find sufficient workers, like the seafood processing plants along Maryland's Eastern Shore that are missing up to 40 percent of their usual workforce this crab season, according to The Baltimore Sun.

Immigration and Visas. You have successfully saved this page as a bookmark.

h2b cap 2020

OK My Bookmarks. Please confirm that you want to proceed with deleting bookmark.Skip to main content. H-1B specialty occupations may include fields such as science, engineering and information technology, and fields such as teaching and accounting. An exemption from the H-1B cap for beneficiaries who have earned a U. Congress set the current annual cap for the H-1B category at 65, Not all H-1B nonimmigrant visas or status grants are subject to this annual cap. Please note that up to 6, visas are set aside from the 65, each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.

Unused visas in this group become available for H-1B use for the next fiscal year. Employers cannot file a petition or an extension request for an employee more than six months before the intended employment start date.

FY H-1B cap-subject petitions, including those eligible for the advanced degree exemption, may not be filed unless based on a valid registration for the beneficiary named in the petition. For registrations we selected, we will begin accepting H-1B petitions that are subject to the FY cap on April 1, You may file an H-1B petition no more than six months before the employment start date requested for the beneficiary. The specific filing period for your petition will be located on your H-1B Registration Selection Notice.

Note: It is your responsibility to ensure that Form I is completed accurately and submitted properly.

H-2B Program

Department of Labor. This may include a copy of the signed, certified LCA. If the beneficiary has met all of the requirements for a degree, but the degree has not yet been awarded, you may submit the following alternate evidence:. If you indicate that the beneficiary is qualified based on a combination of education and experience, please provide substantiating evidence at the time you file your petition.

If the beneficiary will be applying for a nonimmigrant visa abroad, we strongly encourage you to submit a copy of your H-1B petition and all supporting documents with your petition. We also strongly encourage you to submit a copy of the petition and any subsequent response to a RFE or NOID even if the beneficiary is requesting a change of status to H-1B or an extension of stay. This may assist the beneficiary with consular processing if he or she later decides to seek a visa abroad or the H-1B petition is approved but the change of status or extension of stay request is denied.

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You can also check for any instructions specific to that consulate. Employers may not file multiple or duplicative H-1B petitions for the same employee. You must file your petition with the correct service center, as indicated on your Registration Selection Notice. We have specific mailing addresses for cases that are subject to the H-1B cap. Please read the filing instructions carefully. If you file your petition at the wrong location, we may reject it.

Rejected petitions will not retain a filing date. You are eligible to refile your rejected petition during the designated day filing window on their Registration Selection Notice. There are different fees depending on the type of H-1B petition you are submitting.

In addition to the base filing fee, you may need to pay one of the following fees for a petition subject to the cap:. We prefer that you submit a separate check for each fee.

For example, if you are required to pay the base filing fee, the fraud fee, and the ACWIA fee, you should submit three separate checks. If you only submit one check as combined payment for all applicable fees and certain fees do not apply or are incorrect, we will reject your H-1B petition.

The first phase will include FY cap-subject H-1B petitions, including those eligible for the advanced degree exemption, requesting a change of status from F-1 nonimmigrant status. The second phase will include all other FY cap-subject H-1B petitions.

USCIS will resume premium processing for FY cap-subject H-1B petitions requesting a change of status from F-1 nonimmigrant status no later than May 27,and will notify the public before premium processing resumes for these petitions. Petitioners filing FY H-1B cap-subject petitions will be eligible to upgrade to premium processing by filing Form I once premium processing resumes, as applicable.

At this time, premium processing remains available for H-1B petitions that are exempt from the cap, such as extension of stay requests.

H2B Visa Guide for 2020 - Everything Has Changed for H-2B & Tips for How the New Flag System Works

If you will include multiple petitions in the same package, please place the individual petitions into separate envelopes within the package. If you will be represented by an attorney or other accredited representative, submit a properly completed Form G, Notice of Entry of Appearance as Attorney or Representative.A stable agricultural and non-agricultural workforce is essential for minimizing any disruption in the food supply chain during the COVID pandemic.

To ensure American farmers and ranchers have the workers they need, the U. Department of Labor DOL have partnered to help identify workers eligible for transfer to employers in other agricultural sectors within the United States under existing regulatory authority.

Note that all statutory and regulatory requirements still apply. Employers should reference Farmers. The data will help ensure that H-2A employers have the necessary workforce as travel restrictions or visa processing limitations have delayed many workers.

The additional H-2B visas also come with more conditions designed to reduce program fraud and abuse and to protect U. The new measures include:. Congress may grant up to 69, additional visas if approved by the administration. This is the fourth consecutive year that DHS has released additional H-2B visas to alleviate pressure from the need for seasonal employers. In both andan extra 15, visas were released, and an additional 30, were granted in This year, the visas will be released in two batches.

For start dates beginning April 1, there will be 20, visas made available, and for start dates beginning May 15, 15, will be released. The additional H-2B visas are a major relief for seasonal industries such as landscaping, fishing, and crabbing β€” jobs that typically require intense physical labor. The increased certainty of labor demands being met has allowed American businesses to plan more effectively.

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But, as some U. The H-2B visa expansion shows that the administration recognizes the significant difficulty U. About the author: Jon Velie has practiced Immigration law since Jon can be contacted at jon onlinevisas.

h2b cap 2020

Save my name, email, and website in this browser for the next time I comment. Provisioning the extra visas generally to returning H-2B workers who have abided by immigration law and left the country in good faith once their job assignments ended.

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