H-2B Cap Count UPDATE – 10/10/14

October 23, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for first half of FY 2015 (October 1 - March 31) is 33,000. As of the last count (10/10/14); 7,790 beneficiaries have been approved and 1,372 are pending for a total of 9,162.

The H-2B cap limit for second half of FY 2015 (April 1 - September 30) is 33,000. As of the last count (10/10/14); 0 beneficiaries have been approved and 0 are pending for a total of 0.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (10/16/14) Web Page

- AILA InfoNet Doc. No. 14101744 (posted 10/17/14)

H-2B Cap Count UPDATE - 10/3/14

October 9, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (9/30/14); 26,286 beneficiaries have been approved and 315 are pending for a total of 26,601.

The H-2B cap limit for first half of FY 2015 (October 1 - March 31) is 33,000. As of the last count (10/3/14); 7,222 beneficiaries have been approved and 1,635 are pending for a total of 8,857.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (10/7/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 10/7/14)

H-2B Cap Count UPDATE - 9/12/14

September 25, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (9/12/14); 26,193 beneficiaries have been approved and 229 are pending for a total of 26,422.

The H-2B cap limit for first half of FY 2015 (October 1 - March 31) is 33,000. As of the last count (9/12/14); 5,014 beneficiaries have been approved and 1,322 are pending for a total of 6,336.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (9/18/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 9/19/14)

H-2B Cap Count UPDATE - 8/22/14

August 27, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (8/22/14); 25,915 beneficiaries have been approved and 815 are pending for a total of 26,730.

The H-2B cap limit for first half of FY 2015 (October 1 - March 31) is 33,000. As of the last count (8/22/14); 3,031 beneficiaries have been approved and 765 are pending for a total of 3,796.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (8/12/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 8/26/14)

H-2B Cap Count UPDATE - 8/8/14

August 19, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (8/8/14); 25,442 beneficiaries have been approved and 1,235 are pending for a total of 26,677.

The H-2B cap limit for first half of FY 2015 (October 1 - March 31) is 33,000. As of the last count (8/8/14); 1,312 beneficiaries have been approved and 950 are pending for a total of 2,262.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (8/12/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 8/13/14)

H-2B Cap Count UPDATE - 7/25/14

August 6, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (7/25/14); 25,093 beneficiaries have been approved and 907 are pending for a total of 26,000.

The H-2B cap limit for first half of FY 2015 (October 1 - March 31) is 33,000. As of the last count (7/25/14); 1,004 beneficiaries have been approved and 301 are pending for a total of 1,305.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (7/31/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 8/1/14)

H-2B Cap Count UPDATE – 7/18/14

July 22, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (7/18/14); 24,769 beneficiaries have been approved and 1,246 are pending for a total of 26,015.

The H-2B cap limit for first half of FY 2015 (October 1 - March 31) is 33,000. As of the last count (7/18/14); 0 beneficiaries have been approved and 437 are pending for a total of 437.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (7/22/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 7/22/14)

H-2B Cap Count UPDATE – 6/30/14

July 8, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (6/30/14); 24,264 beneficiaries have been approved and 1,083 are pending for a total of 25,347.

The H-2B cap limit for first half of FY 2015 (October 1 - March 31) is 33,000. As of the last count (6/30/14); 0 beneficiaries have been approved and 177 are pending for a total of 177.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (7/2/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 7/3/14)

H-2B Cap Count UPDATE – 2nd Half FY2014 – 1st Half FY2015

June 25, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (6/16/14); 23,569 beneficiaries have been approved and 1,403 are pending for a total of 24,972.

The H-2B cap limit for first half of FY 2015 (October 1 - March 31) is 33,000. As of the last count (6/16/14); 0 beneficiaries have been approved and 65 are pending for a total of 65.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (6/18/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 6/19/14)

H-2B Cap Count UPDATE – 6/11/14

June 19, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of March 14, 2014, the cap for the 1st half of FY 2014 was reached.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (6/11/14); 23,489 beneficiaries have been approved and 1,481 are pending for a total of 24,970.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (6/18/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 6/16/14)

H-2B Cap Count UPDATE – 5/30/14

June 9, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of March 14, 2014, the cap for the 1st half of FY 2014 was reached.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (5/30/14); 22,737 beneficiaries have been approved and 1,967 are pending for a total of 24,704.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (6/4/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 6/4/14)

H-2B Cap Count UPDATE – 5/16/14

May 28, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of March 14, 2014, the cap for the 1st half of FY 2014 was reached.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (5/16/14); 21,540 beneficiaries have been approved and 2,917 are pending for a total of 24,457.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (5/20/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 5/21/14)

H-2B Cap Count UPDATE – 5/2/14

May 14, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of March 14, 2014, the cap for the 1st half of FY 2014 was reached.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (5/2/14); 20,042 beneficiaries have been approved and 2,789 are pending for a total of 22,831.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (5/5/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 5/5/14)

H-2B Cap Count UPDATE – 4/18/14

April 29, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of March 14, 2014, the cap for the 1st half of FY 2014 was reached.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (4/18/14); 17,969 beneficiaries have been approved and 3,078 are pending for a total of 21,047.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (4/21/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 4/22/14)

H-2B Cap Count UPDATE – 4/4/14

April 16, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of March 14, 2014, the cap for the 1st half of FY 2014 was reached.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (4/4/14); 15,824 beneficiaries have been approved and 4,502 are pending for a total of 20,326.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (4/7/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 4/8/14)

H-2B Cap Count UPDATE – 3/28/14

April 2, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of March 14, 2014, the cap for the 1st half of FY 2014 was reached.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (3/28/14); 13,741 beneficiaries have been approved and 5,108 are pending for a total of 18,849.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (3/31/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 4/1/14)

H-2B Cap Count UPDATE – 3/7/14

March 21, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (3/7/14); 36,957 beneficiaries have been approved and 2,408 are pending for a total of 39,365.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (3/7/14); 7,693 beneficiaries have been approved and 7,900 are pending for a total of 15,593.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (3/11/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 3/12/14)

The U.S. Department of Labor (DOL) updated FY2014 Statistics (First Quarter)

March 6, 2014

The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2014 statistics (first quarter) in the form of program factsheets for each of the major immigration programs. These updated FY2014 statistics (first quarter) cover October 2013 through December 2013.

The link to each program factsheet is listed below:

Permanent Labor Certification Program – Select Statistics, FY 2014 (first quarter)

Prevailing Wage Determination Program – Select Statistics, FY 2014 (first quarter)

H-1B Temporary Visa Program – Select Statistics, FY 2014 (first quarter)

H-2A Temporary Agricultural Visa Program – Select Statistics, FY 2014 (first quarter)

H-2B Temporary Non-agricultural Visa Program – Select Statistics, FY 2014 (first quarter)


Source of Information: OFLC Performance Data

H-2B Cap Count UPDATE – 2/21/14

March 4, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (2/21/14); 33,337 beneficiaries have been approved and 3,751 are pending for a total of 37,088.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (2/21/14); 5,100 beneficiaries have been approved and 7,108 are pending for a total of 12,208.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (2/24/14) Web Page

- AILA InfoNet Doc. No. 14024140 (posted 2/24/14)

The U.S. Department of Labor (DOL) updated FY2013 Statistics

February 27, 2014

The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2013 statistics in the form of program factsheets for each of the major immigration programs. These updated FY2013 statistics cover October 2012 through September 2013.

The link to each program factsheet is listed below:

Permanent Labor Certification Program – Select Statistics, FY 2013

Prevailing Wage Determination Program – Select Statistics, FY 2013

H-1B Temporary Visa Program – Select Statistics, FY 2013

H-2A Temporary Agricultural Visa Program – Select Statistics, FY 2013

H-2B Temporary Non-agricultural Visa Program – Select Statistics, FY 2013


Source of Information: OFLC Performance Data

H-2B Cap Count UPDATE – 2/7/14

February 20, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (2/7/14); 26,026 beneficiaries have been approved and 6,404 are pending for a total of 32,430.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (2/7/14); 3,138 beneficiaries have been approved and 7,996 are pending for a total of 11,134.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (2/10/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 2/11/14)

H-2B Cap Count UPDATE – 1/24/14

February 4, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (1/24/14); 19,253 beneficiaries have been approved and 6,224 are pending for a total of 25,477.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (1/24/14); 957 beneficiaries have been approved and 4,768 are pending for a total of 5,721.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (1/27/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 1/27/14)

H-2B Cap Count UPDATE – 1/10/14

January 22, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (1/10/14); 14,572 beneficiaries have been approved and 4,797 are pending for a total of 19,369.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (1/10/14); 0 beneficiaries have been approved and 0 are pending for a total of 0.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (1/13/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 1/14/14)

H-2B Cap Count UPDATE – 12/30/13

January 9, 2014

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (12/30/13); 12,313 beneficiaries have been approved and 3,518 are pending for a total of 15,831.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (12/30/13); 0 beneficiaries have been approved and 0 are pending for a total of 0.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (1/2/14) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 1/3/14)

H-2B Cap Count UPDATE – 11/29/13

December 10, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (11/29/13); 9,079 beneficiaries have been approved and 1,901 are pending for a total of 10,980.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (11/29/13); 0 beneficiaries have been approved and 0 are pending for a total of 0.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (12/3/13) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 12/4/13)

H-2B Cap Count UPDATE – 11/15/13

November 26, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (11/15/13); 8,028 beneficiaries have been approved and 1,764 are pending for a total of 9,792.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (11/15/13); 0 beneficiaries have been approved and 0 are pending for a total of 0.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (11/18/13) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 11/19/13)

H-2B Cap Count UPDATE – 11/1/13

November 6, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (11/1/13); 7,258 beneficiaries have been approved and 1,205 are pending for a total of 8,463.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (11/1/13); 0 beneficiaries have been approved and 0 are pending for a total of 0.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (11/4/13) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 11/5/13)

H-2B Cap Count UPDATE – 10/18/13

October 24, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (10/18/13); 6,541 beneficiaries have been approved and 1,296 are pending for a total of 7,837.

The H-2B cap limit for second half of FY 2014 (April 1 - September 30) is 33,000. As of the last count (10/18/13); 0 beneficiaries have been approved and 0 are pending for a total of 0.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (10/21/13) Web Page

- AILA InfoNet Doc. No. 13100840 (posted 10/22/13)

H-2B Cap Count UPDATE – 10/4/13

October 16, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2013 (April 1 - September 30) is 33,000. As of the last count (9/30/13); 28,233 beneficiaries have been approved and 572 are pending for a total of 28,805.

The H-2B cap limit for first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (10/4/13); 5,923 beneficiaries have been approved and 1,259 are pending for a total of 7,182.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (10/7/13) Web Page

H-2B Cap Count UPDATE – 9/20/13

October 1, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2013 (April 1 - September 30) is 33,000. As of the last count (9/20/13); 28,173 beneficiaries have been approved and 749 are pending for a total of 28,922.

The H-2B cap limit for first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (9/20/13); 4,657 beneficiaries have been approved and 1,892 are pending for a total of 6,549.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

- USCIS.gov (9/23/13) Web Page

- AILA InfoNet Doc. No. 12102342 (posted 9/25/13)

H-2B Cap Count UPDATE – 9/13/13

September 18, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2013 (April 1 - September 30) is 33,000. As of the last count (9/13/13); 27,979 beneficiaries have been approved and 918 are pending for a total of 28,897.

The H-2B cap limit for first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (9/13/13); 3,556 beneficiaries have been approved and 2,017 are pending for a total of 5,573.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

USCIS.gov (9/16/13) Web Page

AILA InfoNet Doc. No. 12102342 (posted 9/18/13)

H-2B Cap Count UPDATE – 8/30/13

September 6, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2013 (April 1 - September 30) is 33,000. As of the last count (8/30/13); 27,649 beneficiaries have been approved and 1,083 are pending for a total of 28,732.

The H-2B cap limit for first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (8/30/13); 2,574 beneficiaries have been approved and 1,566 are pending for a total of 4,140.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

USCIS.gov (9/3/13) Web Page

AILA InfoNet Doc. No. 12102342 (posted 9/5/13)

H-2B Cap Count UPDATE – 8/23/13

September 3, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2013 (April 1 - September 30) is 33,000. As of the last count (8/23/13); 27,508 beneficiaries have been approved and 1,155 are pending for a total of 28,663.

The H-2B cap limit for first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (8/23/13); 2,350 beneficiaries have been approved and 795 are pending for a total of 3,145.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

USCIS.gov (8/27/13) Web Page

AILA InfoNet Doc. No. 12102342 (posted 8/27/13)

H-2B Cap Count UPDATE – 8/9/13

August 20, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2013 (April 1 - September 30) is 33,000. As of the last count (8/9/13); 27,168 beneficiaries have been approved and 1,170 are pending for a total of 28,338.

The H-2B cap limit for first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (8/9/13); 678 beneficiaries have been approved and 652 are pending for a total of 1,330.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

USCIS.gov (8/12/13) Web Page

AILA InfoNet Doc. No. 12102342 (posted 8/13/13)

H-2B Cap Count UPDATE – 8/5/13

August 8, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2013 (April 1 - September 30) is 33,000. As of the last count (8/2/13); 26,860 beneficiaries have been approved and 1,191 are pending for a total of 28,051.

The H-2B cap limit for first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (8/2/13); 397 beneficiaries have been approved and 513 are pending for a total of 910.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

USCIS.gov (8/5/13) Web Page

AILA InfoNet Doc. No. 12102342 (posted 8/6/13)

OFLC’s Updated Factsheets, Third Quarter FY2013

July 25, 2013

The U.S. Department of Labor, Office of Foreign Labor Certification (OFLC) has released updated factsheets containing Third Quarter FY2013 selected program statistics. These factsheets contain vision representations of the data by using graphs and tables, which makes them much easier to read and understand. I have provided the links to the five updated factsheets below for your review.


Permanent Labor Certification Program

Prevailing Wage Determination Program

H-1B Temporary Visa Program

H-2A Temporary Agricultural Visa Program

H-2B Temporary Non-agricultural Visa Program


Source of Information:

OFLC's Web Site, (6/27/13) Announcement:
June 27, 2013. Q3 FY 2013 Selected Statistics by Program

View the links below for more detail on the subject:
OFLC's Performance Data

H-2B Cap Count UPDATE – 7/8/13

July 10, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2013 (April 1 - September 30) is 33,000. As of the last count (7/5/13); 25,064 beneficiaries have been approved and 1,760 are pending for a total of 26,824.

The H-2B cap limit for first half of FY 2014 (October 1 - March 31) is 33,000. As of the last count (7/5/2013); 0 beneficiaries have been approved and 371 are pending for a total of 371.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information:

USCIS.gov (7/8/13) Web Page

H-2B Cap Count UPDATE – 6/3/13

June 10, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for first half of FY 2013 (October 1 - March 31) is 33,000. As of the last count (3/31/2013); *43,089 beneficiaries have been approved and 174 are still pending for a total of *43,263.

The H-2B cap limit for the second half of FY 2013 (April 1 - September 30) is 33,000. As of the last count (5/31/13); 22,393 beneficiaries have been approved and 2,314 are pending for a total of 24,707.

For further details read, “Cap Count for H-2B Nonimmigrants


* This number is higher than the actual cap to allow for withdrawals, denials, and revocations.


Source of Information:

USCIS.gov (6/3/13) Web Page

AILA InfoNet Doc. No. 12102342 (posted 6/3/13)

H-2B Cap Count UPDATE – 5/28/13

May 29, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for first half of FY 2013 (October 1 - March 31) is 33,000. As of the last count (3/31/2013); *43,089 beneficiaries have been approved and 174 are still pending for a total of *43,263.

The H-2B cap limit for the second half of FY 2013 (April 1 - September 30) is 33,000. As of the last count (5/24/2013); 21,406 beneficiaries have been approved and 2,281 are pending for a total of 23,687.

For further details read, “Cap Count for H-2B Nonimmigrants


* This number is higher than the actual cap to allow for withdrawals, denials, and revocations.


Source of Information:

USCIS.gov (5/28/13) Web Page

AILA InfoNet Doc. No. 12102342 (posted May. 28, 2013)

H-2B Cap Count UPDATE – 4/23/13

April 24, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for first half of FY 2013 (October 1 - March 31) is 33,000. As of the last count (3/15/2013); *43,089 beneficiaries have been approved and 174 are still pending for a total of *43,263.

The H-2B cap limit for the second half of FY 2013 (April 1 - September 30) is 33,000. As of the last count (4/19/2013); 14,713 beneficiaries have been approved and 6,867 are pending for a total of 21,580.

For further details read, “Cap Count for H-2B Nonimmigrants


* This number is higher than the actual cap to allow for withdrawals, denials, and revocations.


Source of Information: USCIS.gov (4/23/13) Web Page

OFLC’s Updated Factsheets, Second Quarter FY2013

April 17, 2013

The U.S. Department of Labor, Office of Foreign Labor Certification (OFLC) has released updated factsheets containing Second Quarter FY2013 selected program statistics. These factsheets contain vision representations of the data by using graphs and tables, which makes them much easier to read and understand. I have provided the links to the five updated factsheets below for your review.


Permanent Labor Certification Program

Prevailing Wage Determination Program

H-1B Temporary Visa Program

H-2A Temporary Agricultural Visa Program

H-2B Temporary Non-agricultural Visa Program


Source of Information:

OFLC's Web Site, (4/11/13) Announcement:
April 11, 2013. Quarter 2 FY 2013 Selected Statistics by Program

View the links below for more detail on the subject:
OFLC's Performance Data

H-2B Cap Count UPDATE – 3/15/2013

March 22, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for first half of FY 2013 (October 1 - March 31) is 33,000. As of the last count (3/15/2013); *41,820 beneficiaries have been approved and 679 are still pending for a total of *42,499.

The H-2B cap limit for the second half of FY 2013 (April 1 - September 30) is 33,000. As of the last count (3/15/2013); 12,314 beneficiaries have been approved and 3,864 are pending for a total of 16,178.

For further details read, “Cap Count for H-2B Nonimmigrants


* This number is higher than the actual cap to allow for withdrawals, denials, and revocations.


Source of Information: USCIS.gov (3/18/13) Web Page

H-2B Cap Count UPDATE – 1/18/2013

January 29, 2013

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for first half of FY 2013 (October 1 - March 31) is 33,000. As of the last count (1/18/2013); 26,831 beneficiaries have been approved and 3,914 are still pending for a total of 30,745.

The H-2B cap limit for the second half of FY 2013 (April 1 - September 30) is 33,000. As of the last count (1/18/2013); 924 beneficiaries have been approved and 2,401 are pending for a total of 3,325.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information: “AILA InfoNet Doc. No. 12102342. (Posted 1/23/13)”

H-2B Cap Count UPDATE – 12/14/2012

December 20, 2012

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for first half of FY 2013 (October 1 - March 31) is 33,000. As of the last count (12/14/2012); 13,774 beneficiaries have been approved and 2,959 are still pending for a total of 16,733.

The H-2B cap limit for the second half of FY 2013 (April 1 - September 30) is 33,000. As of the last count (12/14/2012); 0 beneficiaries have been approved and 313 are pending for a total of 313.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information: “AILA InfoNet Doc. No. 12102342. (Posted 12/17/12)”

H-2B Cap Count UPDATE – 11/26/2012

November 30, 2012

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for first half of FY 2013 (October 1 - March 31) is 33,000. As of the last count (11/23/2012); 9,759 beneficiaries have been approved and 1,654 are still pending for a total of 11,413.

For further details read, “Cap Count for H-2B Nonimmigrants


Source of Information: “AILA InfoNet Doc. No. 12102342. (Posted 11/26/12)”

The U.S. Department of Labor (DOL) updated FY2012 Statistics

October 9, 2012

The U.S. Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) has provided FY2012 statistics in the form of program factsheets for each of the major immigration programs. These updated FY2012 statistics cover October 2011 through September 16, 2012. The link to each program factsheet is listed below.

Permanent Labor Certification Program

Prevailing Wage Determination Program

H-1B Temporary Visa Program

H-2A Temporary Agricultural Visa Program

H-2B Temporary Non-agricultural Visa Program

Updated Service Center Processing Times

May 22, 2012

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on May 16, 2012 with processing dates as of March 31, 2012.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center
National Benefits Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS. (1-800-375-5283)

If you are a client of MVP Law Group and would like our assistance please contact our office.

MVP "Immigration Q & A Forum" - This Friday, February 17, 2012

February 13, 2012

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, February 17th, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

Updated Service Center Processing Times

January 31, 2012

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on January 25, 2012 with processing dates as of November 30, 2011.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center
National Benefits Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS. (1-800-375-5283)

If you are a client of MVP Law Group and would like our assistance please contact our office.

LATEST UPDATE: DOL Processing of Prevailing Wage Determinations

October 26, 2011

As of October 24, 2011 -
The Office of Foreign Labor Certification is providing this update to the public on its plans for becoming current on issuing prevailing wage determinations:

PERM: Week of October 23, 2011
H-1B: Week of November 6, 2011
H-2B: Week of December 18, 2011

"Current" carries a different meaning in each program. A prevailing wage determination is "current" in the PERM and H-1B programs when it is issued within 60 days of submission. For H-2B prevailing wage determinations, "current" is within 30 days of submission in accordance with the program's regulations. These dates may be subject to change based on actions not anticipated by the Department at this time such as any additional judicial determinations. The PWD appeals are being processed as resources allow with priority being placed on becoming current on initial PWD requests in each of the respective program areas.


Original Update: The OFLC National Prevailing Wage Center is experiencing delays in processing prevailing wage determinations as it is currently working to reissue certain determinations to comply with a court order issued June 15, 2011 in the United States District Court for the Eastern District of Pennsylvania. A Notice of Proposed Rulemaking was published in the Federal Register on June 28, 2011, and a Final Rule was published on August 1. All Center resources are currently being utilized to comply with this court order. The processing of Prevailing Wage Determinations, redeterminations, and Center Director Reviews has been temporarily suspended. Processing will resume as soon as full compliance with the court order has been completed by OFLC.

Source: AILA Doc. No. 11102421

UPDATE: H-2B VISA CAP COUNTS

August 23, 2011

The United States Citizenship and Immigration Service (USCIS) has updated the count of H2B Visa petitions received by the USCIS for the second half of FY2011 and first half of FY2012.

As of August 12, 2011, USCIS receipted 30,810 petitions toward the 33,000 H-2B cap amount for the second half of Fiscal Year (FY) 2011. This count includes 29,736 approved petitions and 1,074 pending petitions. The second half of FY2011 runs from (April 1, 2011 - September 30, 2011).

As of August 12, 2011, USCIS receipted 3,260 petitions toward the 33,000 H-2B cap amount for the first half of Fiscal Year (FY) 2012. This count includes 2,516 approved petitions and 744 pending petitions. The first half of FY2012 runs from (October 1, 2011 - March 31, 2012).

Stay tuned to MVP Law Group for H-2B CAP updates!

MVP LAW GROUP – Immigration Q&A Forum, Friday, August 19th, 2011

August 19, 2011

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
How many H-1B nonimmigrant visas remain under the CAP for FY2012 beginning October 1, 2011?

Answer #1
As of August 12, 2011, there were approximately 39,700 H-1B Regular CAP subject nonimmigrant visas remaining and 5,300 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2012 H-1B Cap updates, please refer to our www.h1bvisalawyerblog.com.


Question #2 – Family Based Immigration – Green Card
My wife and I, USC, are from El Salvador and we are going for vacation this weekend for a few weeks back to El Salvador. We have an adult child who still lives in El Salvador with his wife and children – we are interested in bringing him over here to the United States. Can you let us know what time period we would be looking at for bringing him over here as a Permanent Resident?

Answer #2
According to the September Visa Bulletin which is effective beginning September 1, 2011, the Family Based third preference category (F3) for all chargeability areas except China, India, Mexico and the Philippines, is backlogged, this means, that you must wait until a visa becomes available, until the priority date becomes current. Individuals in that preference category with priority dates of August 22, 2001 and earlier are being serviced. Accordingly, you would be looking at a time period of approximately 10+ years, if not longer, as it all depends upon the availability of immigrant visas. The priority dates in each category and for each country can change each month. However, please note that the priority dates can also stay the same. They can move very slowly or progress by several months or years. They can move forward or backward. Therefore, there is no way to anticipate what the priority date will be in a future month or when a category will become current.


Question #3 – General
I work for a company in San Bernardino, CA, a pharmaceutical company. They have expressed an interest in sponsoring my green card. I have a few friends in Maryland who used your firm for other immigration services and I wanted to know if I could use your firm also to process my green card? With me in California and your firm in Maryland, is it legal, can we do this?

Answer #3
MVP Law Group is an innovative law firm that provides business immigration services to corporations, universities, hospitals, and other organizations, as well as, entrepreneurs and individuals.. Immigration law is federal in nature (i.e., no state or provincial law is involved), therefore, our firm is able to provide U.S. business immigration services to clients located anywhere in the United States and around the world. If you would like to schedule a consultation to discuss your particular situation, please contact our office.


Question #4 – Employment Based Immigration – Green Card
Can a company sponsor my GC as an United Arab Emirates born individual in parallel to H1? (I was born in UAE and I have searched that GC processing depends on your birth country and my GC will be approved in just 6 months).

Answer #4
Based on the general information you have provided, a company is be able to initiate your Employment Based green card filing at the same time as the H-1B filing. Additionally, the priority date for citizens from the UAE in the EB2 preference category is current; however, the priority date for citizens from the UAE in the EB3 preference category is backlogged to November 22, 2005. Accordingly, if you are eligible to file in the EB2 preference category, you should be able to file the I-140 and I-485 petitions concurrently and should receive your GC according to the processing times listed on the USCIS website.


Question #5 – Temporary Work Visa – H2B Nonimmigrant Visa
How many H-2B nonimmigrant visas remain under the 2nd half of FY2011? Under the 1st half of FY2012?

Answer #5
As of 8/12/11, USCIS receipted 30,810 petitions toward the 33,000 H-2B cap amount for the second half of the fiscal year (FY) 2011 (April 1 - September 30). This count includes 29,736 approved and 1,074 pending petitions.

As of 08/12/11, USCIS receipted 3,260 petitions toward the 33,000 H-2B cap amount for the first half of Fiscal Year (FY) 2012, (October 1 - March 31). This count includes 2,516 approved petitions and 744 pending petitions.


Question #6 – Dependent H4 Nonimmigrant Visa
Will my spouse automatically be shifted from F2 to H4 once I receive my approved H1B or do I need to process her case separately?

Answer #6
In this situation, your spouse’s status will not automatically be converted to H4 status, she must file a Form I-539 (Application to Extend/Change Nonimmigrant Status), along with your I-129 visa petition requesting a change of status from F2 to H4. Her case will not need to be processed separately; it can be prepared and filed along with your H-1B visa petition. If you have already filed your H-1B petition, you will have to file her I-539 (H4) petition separately.


Question #7 – Employment Based Immigration – Green Card
It seems like it’s taking a lot longer to conduct recruitment prior to filing the Labor application, what’s the issue?

Answer #7
There are two known reasons for the delay:

(1) As of January 1, 2010 the Department of Labor (DOL) federalized the process for obtaining Prevailing wage requests, which is the first step in the Labor process before recruitment can be conducted. We normally could obtain a prevailing wage request directly from the specific state workforce agency within a few days to a week. In addition to federalizing the process, the DOL made the process for obtaining the prevailing wages by electronic means as well as by requesting a prevailing wage through the U.S .mail. After the centralization of this process, it takes approximately 45-60 days to obtain a prevailing wage determination from the DOL. The determinations are issued on a first come, first serve basis.

(2) Currently, the OFLC National Prevailing Wage Center is experiencing delays in processing prevailing wage determinations as it is currently working to reissue certain determinations to comply with a court order issued June 15, 2011 in the United States District Court for the Eastern District of Pennsylvania. A Notice of Proposed Rulemaking was published in the Federal Register on June 28, 2011, and a Final Rule was published on August 1. All Center resources are currently being utilized to comply with this court order. The processing of Prevailing Wage Determinations, redeterminations, and Center Director Reviews has been temporarily suspended. Processing will resume as soon as full compliance with the court order has been completed by OFLC. They hope to comply with the court order before October 1, 2011.


Question #8 – Family Based Immigration: Marriage – K1 Fiancé Visa
My son is a U.S. Citizen and is engaged to marry his British fiancé. Both have known one another for over nine years and have been engaged for six months. Can my son sponsor his fiancé? What needs to be done?

Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fiancé by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fiancé entering the United States; and (4) you must have met within two years of filing for the visa. Your son should first file a Petition for Alien Fiancé (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate consulate to interview the applicant. Once the applicant attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer.


Question #9 – Temporary Work Visa – H-1B Nonimmigrant Visa
This is my first time filing for H1B; I just graduated from U.S. University few months ago. My approval notice states that the Consulate has been notified and that I need to appear there to obtain H-1B visa. I thought the approval notice I received was the H-1B visa. What to do?

Answer #9
Before you can commence work with your petitioning employer, an I-9 (Employment Eligibility Verification Form) will need to be prepared and an I-9 requires evidence of a valid and current I-94 (Arrival and Departure Record). If an I-94 has NOT been issued with your approval notice, you must obtain a valid and current I-94. Since you are already in the United States you will need to go back to your home country and obtain an H4 visa and I-94. Or as noted in the Approval Notice, you can file a new H4 petition to seek to change or extend your status based on this petition, if a request was not made or was made and you believe it was improperly or incorrectly denied.


Question #10 – Employment Based Immigration – Green Card
I know there are quite a few GC cases pending and USCIS can only work on cases up to available VISA numbers and once the numbers are consumed, then it could go back with the next VISA bulletin. I think we can call the USCIS and provide details of our case so that based on first come first call; they would process and issue the GC faster.

Answer #10
You cannot call the USCIS to speed up the processing/issuance of your Green Card. Priority dates were established for this exact purpose. Each individual has a specific priority date which was issued to them when their Labor application was submitted to the Department of Labor (DOL). Only when the applicant’s priority date becomes current will the USCIS begin to process the applicant’s I-485 paperwork and thereafter may issue the Green Card. However, your attorney may contact the USCIS via email on your behalf if your I-485 application was filed through the Texas Service Center (TSC). The attorney may send an email to a specific email address to inform the Service Center that their client’s priority date is current. The “streamline” process was created to provide a mechanism for American Immigration Lawyer Association (AILA) members to facilitate TSC processes relating to the identification of EB I-485 applications.

MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, September 2nd, 2011!

Please remember to submit your questions/comments on our h1bvisalawyer blog.

MVP "Immigration Q & A Forum" - This Friday, May 27th, 2011

May 23, 2011

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, May 27th, 2011. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

Florida Couple Sentenced in Forced Labor Conspiracy

December 28, 2010

After an investigation by US Immigration and Customs Enforcement (ICE) Office of Homeland Security (HSI) Sophia Manuel and Alfonso Baldonado Jr. were sentenced in a forced labor conspiracy on December 10.

It was uncovered during the investigation that Manuel and Baldonado Jr., owners of Quality Staffing Services Corporation, were forcing 39 Filipino nationals to work in country clubs and hotels around Southeast Florida. The pair first made the Filipino nationals pay up-front recruitment fees, which they knew they didn’t have so the Filipino nationals were already in debt. Then, when they no longer wanted to work, Manuel and Baldonado threatened to arrest and deport them. The nonpayment of debts is very serious in the Philippines and the two knew they could use that against the workers to stay. Manuel was sentenced to 78 months in prison not only for her crimes against the Filipino nationals but she also admitted to making false statements on a form filed with the US Department of Labor. Baldonado was sentenced to 51 months in prison.

MVP LAW GROUP – Q&A Forum, July 23, 2010

July 23, 2010

Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
Can your firm sponsor my H-1B or find a company to sponsor me? I am ready to come to the U.S. and work, I have a BS in Computer Science and three years experience in computer programming. What is the process?

Answer #1
We are a law firm that will help you prepare the paperwork (Forms and documents) for your H-1B non-immigrant petition once you find an employer willing to sponsor you for employment; however, we cannot find you H-1B sponsorship. In summary, once you have secured an H-1B sponsor (U.S. employer), we can then help you out.

The normal process for H-1B sponsorship starts when you or your employer contacts our office to initiate the process. You or your employer would contact our office, sign a legal agreement detailing the legal fees associated with the preparation and filing of the H-1B visa petition, you would then complete the H-1B questionnaire, and send all requested background documents to our office to begin the process. Once the legal payment, the completed questionnaire and background docs have been received in our office, we would be able to begin preparing your case. Once your forms have been prepared and thoroughly reviewed, we email the final documents to your sponsoring employer for their review and signatures. These forms must then be returned to our office with the requisite USCIS filing fees, and will be filed on your behalf with the USCIS. Upon receipt of the H-1B petition, the USCIS will issue a receipt notice containing a specific number which will allow you to monitor your case while it is being processed.


Question #2 - Temporary Work Visa – H-1B Nonimmigrant Visa
I have exhausted my 6 years on H-1B visa and returned to my country. I have been here ninety (90) days; can I now apply for a new H-1B visa under the current cap to return to U.S.? Please let me know so we can move forward.

Answer #2
According to the regulations, once you have exhausted the 6 year limit on H-1B, you must return to your home country for one (1) year before you can petition again for an H-1B nonimmigrant visa.


Question #3 – Employment Based Immigration – Green Card - EAD/AP Renewal
I Have Applied my EAD (765) and AP (131) for renewal through paper. USCIS have returned the EAD and AP Documents stating that I have provided incorrect amount on the check or has not been provided. I have provided an amount of $340 for EAD and separate check of $385 for AP. The check was paid to “U.S. Department of Homeland Security” on June 2nd. My EAD expires in the Middle of August 2010. Also my I-485 is current now as per the processing time. I have applied 3 times before for EAD and AP personally and never had this problem. Granted the last renewal I have applied through e-file. I have applied through paper this time to Dallas lockbox. What could have been the mistake I have made in my submission?

Answer #3
It sounds like they rejected both cases due to the mix up with the payment for the AP filing. To be on the safe side, I suggest that you send three checks, one in the amount of $340.00 for the EAD renewal, the second in the amount of $305.00 for the AP renewal, and the third in the amount of $80.00 for biometrics. If they need to process your biometrics, they will, if they don't, they will return the check. There is no way of returning the biometrics fee on a check for $385.00 if biometrics are not needed. You will need to enclose the rejection notice on the top of all of your forms and supporting documentation. Paper clipped to the notice, you will need to place the new checks and your pictures.


Question #4 – Employment Based Immigration – Green Card - EAD Renewal
I just filed my EAD renewal last week. Can I expedite the EAD renewal process since my EAD expires in Mid August?

Answer #4
You cannot expedite an EAD renewal request. You can only expedite an AP renewal request and only under specific circumstances. You can file an EAD renewal request up to 120 days in advance of the expiration of your current EAD. You should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD, so that you can continue working. If you do not receive your EAD renewal request by mid August when your current EAD expires, you must wait and not work until your EAD is approved.


Question #5 – Employment Based Immigration – Temporary Work Visa – H-1B Nonimmigrant Visa
USCIS received my H1B/H4 petitions on 07/14/2010, we filed for premium processing. What is timeframe for normal processing? My driving license expires on 9/19/2010. If they process under normal process do they return $1000 which is extra we paid to process under premium processing?

Answer #5
According to the information you provided, your case is still within the normal processing times for a case filed under Premium Processing. The normal processing time for a case filed under Premium Processing is 15 calendar days from the date of submission. Today is July 23, the case was accepted for processing on July 14, and only ten (10) days have passed since the acceptance of your case. If you do not receive an update within the remaining 5 days, your employer/attorney will need to contact the USCIS National Customer Service Center or the appropriate Service Center to ensure that the case is processed according to the timeframes provided for premium processing.


Question #6 - Employment Based Immigration – Green Card - General
We recently bought a new house expected to move on July 25th, 2010. How to notify and update to USICS for I-485 and EAD that is under processing?

Answer #6
The link provided at the bottom of this response will direct you to the online portal for submission of your address change request (however, you will still need to submit Form AR-11 to USCIS within 10 days after your move). According to the USCIS website:

Non-U.S. Citizens
If you have moved, you need to follow two different steps:
• Step 1: File a Form AR-11 (This changes your address in our master database.);
• Step 2: If you have a pending case, you must also file a Change of Address online or call our National Customer Service Center at (800) 375-5283. (This changes your address for the specific application you have submitted.)
**Please note that if you are a non-U.S. citizen and you have a pending case, you must complete both steps to make sure that you comply with the regulations and so we can reach you at your correct address.

The Process
If you want to change your address online and/or file a Form AR-11 using our Online Change of Address Notification tool, you will need to have certain information available. Please have the following information available before you begin:
• Your receipt notice or other notice we sent you showing your receipt number (if you have a pending case with USCIS);
• Your new address;
• Your old address;
• If you have filed a petition for a family member, the names and biographical information for that person.
If you are a non-U.S. citizen, please also have:
• The date when you last entered the United States (If you cannot remember, please fill in an approximate date.);
• The location where you last entered the United States (the port of entry where you entered – whether by land, sea, or air).

Change of Address Request


Question #7 – Employment Based Immigration – Temporary Work Visa – H-1B Nonimmigrant Visa
I have a BA and I am a former judge, how can I qualify for an H1visa?

Answer #7
Simply stated, in order to be eligible for an H-1B nonimmigrant visa, the applicant (you) must possess at least a U.S. Bachelor's degree or its foreign equivalent and the job position must require at least a Bachelor's degree or its foreign equivalent and you must possess experience in the particular field. You must have a sponsoring employer to sponsor your H-1B visa petition; you cannot file for an H1 visa on your own.


Question #8 – Employment Based Immigration – Temporary Work Visa – H-1B Nonimmigrant Visa
Does State of California or federal government give any preference to applicants with Infrastructure background especially for construction projects that have been approved by California voters?

Answer #8
No, the State of California and the Federal government do not give any special preference to applicants with Infrastructure background. Cases are determined and decided on a case-by-case basis, no special preference is suppose to be given to any type of individual or any individual in a specific type of work.


Question #9 – Employment Based Immigration – Temporary Work Visa - H-2B Nonimmigrant Visa
I’ve heard of this H-2B temporary visa. What is it?

Answer #9
The H2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in nonagricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence. To qualify for an H-2B visa, you must have a valid job offer from a U.S. employer to perform temporary or seasonal nonagricultural work and proof of an intent to return to your home country on expiration of the visa.

The limitations of the H-2B visa are that the job must be temporary in nature and the need must be for one year or less, the employer's need may not be ongoing or continuous. The employer has the burden of establishing the facts necessary to support a finding that the need is a one-time occurrence, seasonal, peak load or intermittent need. H-2b time counts whether you are in the U.S. or abroad, and H-2b dependents may not work in the U.S.


Question #10 – Student Visa – F1
I want my younger sister to come to USA to go to school. What do we need to do?

Answer #10
Please visit the following website as it will provide the steps for how your sister can get her F1 visa to come to the U.S. for school.

The first step for a prospective nonimmigrant student is being accepted for enrollment in an established school which is SEVP certified. There is a list of SEVP certified schools on the website listed above. Therefore, as her first step, your sister must first apply for enrollment at a college of her choice which is listed on the SEVP certified list. Once she has been accepted by that SEVP certified school, she will then need to apply for her F1 student visa. All of the steps for obtaining such status are available on the website listed above, and additional information can be found on this website .


MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

Our next “Immigration Q & A Forum” is scheduled for Friday, August 6, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

USCIS Issues Information Collection for Form I-129, Petition for Nonimmigrant Worker

February 23, 2010

The United States Citizenship and Immigration Services (USCIS) has issued information collection for Form I-129, Petition for Nonimmigrant Worker until April 9, 2010.

During this period, USCIS will be evaluating whether to revise Form I-129.

The purpose of this form is for employers to petition for an alien to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-1C, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. Employers may also use this form to request an extension of stay or change of status for an alien as an E-1, E-2, or TN nonimmigrant.

Members of the public are encouraged to submit comments and/or suggestions to USCIS, especially comments regarding the estimated public burden and associated response time.

Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

Comments may be submitted to:
Department of Homeland Security (DHS), USCIS,
Chief, Regulatory Products Division, Clearance Office,
111 Massachusetts Avenue, NW, Suite 3008
Washington, DC 20529-2210.

Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov.

**When submitting comments by e-mail, please make sure to add OMB Control No. 1615-0009 in the subject box.

Updated H-2B Visa Count for the Second Half of Fiscal Year 2009

December 16, 2008

The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augument their existing labor force with temporary workers.

Congress has set the numerical limit for H-2B visas at 66,000 per fiscal year. The Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) divided the annual numerical limitations of 66,000 into two halves. Accordingly, the 33,000 cap for the first half of FY 2009 was satisfied on July 29, 2008.

As of December 12, 2008, 18,367 petitions have been counted towards the 33,000 cap for the second half of FY 2009. Applicants interested in petitioning for an H-2B visa are encouraged to act fast as time is running out.

H2B Proposed Rule Changes

September 23, 2008

In a Leadership Journal entry issued by the Acting Director of the U.S. Citizenship and Immigration Services (USCIS), several rule changes to the H-2B program were proposed. Little about the program has changed to accommodate employers’ needs or improvement in worker protections. The Department of Homeland Security (DHS) is proposing to amend its regulations affecting temporary non-agricultural workers within the H-2B nonimmigrant classification and their U.S. employers. In order to better serve those participating in the program, they propose measures to remove unnecessary limitations, prevent fraud and abuse, and ultimately protect foreign workers.

The entry indicated that the proposed modifications would:
 Relax the current limitations on the ability of U.S. employers to petition for unnamed workers;
 Reduce from six months to three months the amount of time an H-2B worker whose status has expired must wait outside the U.S. before he/she is eligible to obtain status under the H or L classifications;
 Require employer attestations on the scope of the H-2B employment, and on the use of recruiters to locate beneficiaries, and provide for denial or revocation of an H-2B petition if an H-2B worker was charged a fee in connection with the employment either (a) by the petitioner, or (b) by a recruiter where the petitioner knew or reasonably should have known that the recruiter was charging such fees;
 Eliminate the ability of employers to file an H-2B petition without an approved temporary labor certification;
 Preclude changing the employment start date after the temporary labor certification is certified by the Department of Labor;
 Require employer notifications to the Department of Homeland Security when H-2B workers fail to show up for work, are terminated, or abscond from the worksite;
 Change the definition of "temporary employment" to clearly define that employment is of a temporary nature when the need for the employee will end in the near, definable future and to eliminate the requirement that employers show "extraordinary circumstances" to be eligible to hire H-2B workers where a one-time need for the workers is longer than one year but shorter than three years;
 Prohibit the approval of H-2B petitions for nationals of countries determined to be consistently refusing or unreasonably delaying repatriation of their nationals; and
 Establish a land-border exit system pilot program under which H-2B workers admitted through a port of entry participating in the program must also depart through a port of entry participating in the program. Upon departure, they must present designated biographical information, possibly including biometric identifiers.

Joanthan Scharfen, Acting Director of USCIS, accepted comments and feedback from the general public regarding the proposed H-2B rule changes. Once they have had time to review the comments, the rule will be finalized and published with an effective date.

Federal Register - Proposed H2B Rule Changes

AAO gives Petitioner another chance to prove NEED for H2B welder workers

August 27, 2008

The Administrative Appeals Office recently withdrew the decision of the Director, Vermont Service Center and remanded the matter to him for further action and consideration.

In the aforementioned case, the Petitioner is a Mississippi Limited Liability Company supplying labor and industrial services for the marine and petroleum/chemical industries in the Mississippi Gulf Coast area. The Petitioner submitted a H-2B petition on behalf of three beneficiaries. Upon reviewing the record, the AAO found that the record did not support the director’s decision to approve the petition. Moreover, the AAO found two separate grounds for remanding the petition: (1) petitioner had not established a temporary need for the services of the three beneficiaries, and (2) petitioner had not established that the three beneficiaries possessed the minimum amount of experience necessary to perform satisfactory the job duties described in the present petition. These two specific issues were not raised by the director in his Notice of Findings (NOF) issued to the Petitioner; therefore, the case was remanded.

The regulations require the petitioner to submit documentation that the alien qualifies for the job offer as specified in the application for labor certification. In the present case, the application for alien employment certification indicated that the minimum amount of experience needed to perform the job duties is two years of experience for the job being offered. Upon careful review of the record by the AAO, no evidence was submitted illustrating the beneficiaries experience and/or qualifications. Absent proof of the beneficiaries’ experience, the petition may not be approved. Additionally, there is another reason as to why the petition cannot be approved. The petitioner sought approval of the proffered position as a peakload need. The regulation regarding peakload need provides that the petitioner must establish that it regularly employs permanent workers to perform the services or labor at the place of employment and that it needs to supplement its permanent staff at the place of employment on a temporary basis due to a seasonal or short-term demand and that the temporary additions to staff will not become a part of the petitioner’s regular operation. The director issued a request for evidence (RFE) to the petitioner requesting evidence that the petitioner’s need for the beneficiaries’ services is temporary. In response to the RFE, counsel for the petitioner sent a letter of intent to contract between another company and the petitioner, and a letter from the petitioner indicating that its client had a peakload need for temporary workers. Upon review of this evidence, the AAO concluded that the documentation presented in the record was insufficient to establish the actual H2B need asserted. The problem lies in the new information provided; the intent to contract letter was never alluded to or provided in the original petition for H2B temporary workers, and no other information was presented concerning the other company/client. Additionally, the petition sought 250 temporary workers, but has decreased to 3 workers without documentation as to why. Pursuant to case law, simply going on record without supporting documentary evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. Accordingly, the burden has not been satisfied by the petitioner and the AAO has afforded the petitioner another opportunity to provide evidence of the experience and temporary need for the H2B beneficiaries.