H-2 Visa

Important Information on Form I-129 H-1B, H-2A, and H-2B Petitions

If an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was due to the government shutdown, USCIS will consider the government shutdown as an extraordinary circumstance and excuse the late filing, if the petitioner meets all other applicable requirements.

H-2A and H-2B Ombudsman Customer Service On-line Survey

The OFLC Ombudsman is pleased to announce a new on-line survey intended to encourage stakeholder feedback on their experience with Ombudsman Program. Survey questions are designed to promote the enhancement of customer service and overall satisfaction with the Program. The survey is located on both the H-2A and H-2B Ombudsman webpages: H-2A Ombudsman Webpage H-2B Ombudsman Webpage

Labor Certification Registry Document Availability Schedule (as of July 1, 2013)

Currently, the LCR displays all certified H-1B1 and E-3 Labor Condition Applications (LCA) and Permanent labor certifications, dating back to April 15, 2009. However, the Department is experiencing technical difficulties with the display of approved H-1B LCAs. In addition, due to the historical paper-based filings of H-2A and H-2B applications, these labor certification documents must be manually redacted and uploaded to the LCR and, therefore, only a limited number of records covering Fiscal Year 2013 are currently available.

USCIS Resumes Adjudication of All H-2B Petitions Following Publication of Interim Final Rule

USCIS has resumed processing of all Form I-129 H-2B petitions for temporary non-agricultural workers.  On March 22, 2013, USCIS temporarily suspended adjudication of most Form I-129, Petition for Nonimmigrant Worker, H-2B petitions while the government considered appropriate action in response to the Court order in Comite de Apoyo a los Trabajadores Agricolas et al v.

DOL Releases FAQs on Interim Final Rule on H-2B Wage Methodology

The Department of Labor is making available Frequently Asked Questions (FAQs) to assist filers with complying with the requirements of the joint Interim Final Rule. The FAQs address the applicability of the new prevailing wage methodology, employer wage obligations, requests for review and the processing of pending H-2B prevailing wage requests and H-2B applications for temporary labor certification.

To learn more, please read the FAQs.

DOL Announces H-2B Wage Methodology Interim Final Rule

The Department of Labor and the Department of Homeland Security are making available for public inspection a copy of the Interim Final Rule, Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program, Part 2, to be published in the Federal Register on April 24, 2013. This Interim Final Rule, developed jointly by the Departments of Labor and Homeland Security, revises the prevailing wage methodology used by the Department of Labor to calculate certain prevailing wages paid to H-2B workers and U.S.

USCIS Releases QAs On H-2A and H-2B -Signature Requirements For Labor Certifications

Introduction

USCIS, in consultation with DOL, prepared the following frequently asked questions and answers.

Questions & Answers

Temporary Labor Certifications

Q1. When does the U.S. Department of Labor (DOL) expect me to sign an electronically filed H-2A and H-2B temporary labor certification (TLC) application?