Articles Posted in nonimmigrant visas

On Thursday, November 16th, the Department of Homeland Security (DHS), by way of the U.S. Citizenship and Immigration Services (USCIS), and the Department of Labor (DOL) announced that a temporary final rule making available an extra 64,716 H-2B temporary nonagricultural worker visas available for (FY) 2024. This addition will be added to the statutory cap of 66,000 H-2B visas allowed per fiscal year. DHS feels it will help U.S. businesses with workforce planning! 

Note: The H-2B supplemental includes an allocation of 20,000 visas to workers from Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras. *USCIS 

 
For further details please review the USCIS News Release, “USCIS Announces Availability of Additional H-2B Visas for Fiscal Year 2024“. 

On Wednesday, November 8, 2023, the Department of Homeland Security (DHS), working with the Department of State (DOS) announced the list of countries that are eligible to participate in the H-2A and H-2B programs. *The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. For further details please review the USCIS New Alert, “DHS Announces Countries Eligible for H-2A and H-2B Visa Programs”.

*USCIS

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On Friday, October 13, 2023, USCIS announced that it has reached the H-2B cap for the first half of fiscal year 2024. October 11, 2023 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before April 1, 2024. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of H-2B workers for the first half FY2024. USCIS continues to accept petitions that are exempt from the congressionally mandated H-2B cap.

The exceptions are listed below:

• Current H-2B workers in the U.S. petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;

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. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.

The H-2B cap limit for first half of FY 2024 (October 1 – March 31) is 33,000. As of the last count (9/21/23); 27,024 beneficiaries have been approved and 2,434 are pending for a total of 29,458.

The H-2B cap limit for second half of FY 2023 (April 1 – September 30) is 33,000. As of the last count (9/21/23); 0 beneficiaries have been approved and 0 are pending for a total of 0.

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. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.

The H-2B cap limit for first half of FY 2024 (October 1 – March 31) is 33,000. As of the last count (9/13/23); 21,744 beneficiaries have been approved and 4,036 are pending for a total of 25,780.

The H-2B cap limit for second half of FY 2023 (April 1 – September 30) is 33,000. As of the last count (9/13/23); 0 beneficiaries have been approved and 0 are pending for a total of 0.

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. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.

The H-2B cap limit for first half of FY 2024 (October 1 – March 31) is 33,000. As of the last count (9/7/23); 18,284 beneficiaries have been approved and 3,001 are pending for a total of 21,285.

The H-2B cap limit for second half of FY 2023 (April 1 – September 30) is 33,000. As of the last count (9/7/22); 0 beneficiaries have been approved and 0 are pending for a total of 0.

On Thursday, March 2, 2023, USCIS announced that it has reached the H-2B cap for the second half of fiscal year 2023. February 27, 2023 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before April 1, 2023, and before Oct. 1, 2023. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of H-2B workers for the second half FY2023. USCIS continues to accept petitions that are exempt from the congressionally mandated H-2B cap.

The exceptions are listed below:

• Current H-2B workers in the U.S. petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;

On Monday, December 12th, the Department of Homeland Security (DHS) announced in consultation with the Department of Labor (DOL), that they are issuing a temporary final rule making available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2023! These new visas will be added to the normal 66,000 H-2B visas that are available each year. Twenty thousand (20,000) of these added visas are set aside for nationals from Haiti, Honduras, Guatemala, and El Salvador. Secretary of Homeland Security Alejandro N. Mayorkas stated, “The Department is making supplemental H-2B visas available earlier than ever, ensuring that American businesses can plan for their peak season labor needs,”.

For further details please review the USCIS (United States Citizenship and Immigration Services) News Release, “DHS and DOL Announce Availability of Additional H-2B Visas for Fiscal Year 2023“  

 
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