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H-2 Visa - Temporary Workers
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that:
USCIS Reaches H-2B Cap for Fiscal Year 2015
USCIS has received enough petitions to reach the congressionally mandated H-2B cap for
District Court Grants DOL an Extension for H-2B Program
On April 15, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting the U.S. Department of Labor (DOL) to continue issuing temporary labor certifications under the H-2B visa program through May 15, 2015. As a result, DOL will continue to process temporary labor certification applications under its 2008 H-2B regulations through May 15, 2015.
New rules for the H-2B visa program announced by the U.S. Departments of Labor and Homeland Security
In response to recent court decisions that have created significant uncertainty around the H-2B temporary foreign nonagricultural worker program, the U.S. Departments of Labor and Homeland Security today announced an interim final rule to reinstate and make improvements to the program and a final rule to establish the prevailing wage methodology for that program.