H-2 Visa

USCIS Provides Details on H-1B and H-2B Cap Exemptions for Work Performed in the CNMI and Guam

Introduction

Workers in H-1B and H-2B classifications who are admitted to perform labor and services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam are exempt from the H-1B cap and H-2B cap from November 28, 2009 to December 31, 2014.  The Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229, provides a special exemption to the statutory numerical limitations (or “caps”) for temporary workers in H nonimmigrant classifications mentioned in Section 214(g) of the Immigration and Nationality Act (INA).  

Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Visa Programs

[Federal Register: January 19, 2010 (Volume 75, Number 11)]
[Notices]
[Page 2879-2880]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja10-63]

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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2009-0162]

RIN 1601-ZA08

Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Visa Programs

AGENCY: Office of the Secretary, DHS.

ACTION: Notice.

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USCIS Grants One-Time Accommodation for Sheepherders in H-2A Status

U.S. Citizenship and Immigration Services (USCIS) announced that it would allow H-2A workers in the sheepherding industry more time to fully transition to the three-year limitation of stay requirements under the agency’s final rule that became effective on Jan. 17, 2009.  USCIS is making the one-time accommodation in deference to the industry’s prior exemption from the 3-year limitation.  This exemption does not impact other H-2A categories.

USCIS Updates H-1B and H-2B Cap Count for FY 2010

As of November 20, 2009, approximately 56,900 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000.

USCIS Updates H-1B and H-2B Cap Count for FY 2010

As of November 6, 2009, approximately 54,700 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000.

Extension of the H-2A Transition Period Procedures

The Department has sent to the Federal Register an Interim Final Rule (IFR) extending the transition period application filing procedures implemented under the December 2008 H-2A Final Rule. The application filing procedures under the extended transition period apply to all employers with dates of need before June 1, 2010. To read the IFR please click here.

 

Marriage to US Citizen

Question details

I am on H2b visa and married to an American. Should I go ahead and start filing my paper work or should I wait on till my contract is up with the company I am currently working for?

I see no reason to wait.

Proposed Rule on Temporary Agricultural Employment of H-2As

The Department has published in the Federal Register a Notice of Proposed Rulemaking on the Temporary Agricultural Employment of H-2A Aliens in the United States. The Department is accepting comments on the proposed rulemaking until October 5, 2009.

To read the full text of the NPRM and to find out about the submission of comments, please check attachment.

Advance Copy of Technical Corrections to H-2B Labor Certification Process

An advance copy of technical changes contains a correction to the H-2B labor certification process. To be published in the Federal Register September 3, 2009.
The Final Rule re-engineers the application filing and review process by centralizing processing and by enabling employers to conduct pre-filing recruitment of United States (U.S.) workers.