nonimmigrant visas

January 12, 2021

USCIS Modifies H-1B Selection Process!

USCIS announced that they have published the final rule in the Federal Register, implicating the Trump Administration’s modifications to the H-1B Visa Program! These changes will affect H-1B cap selection process, amend current lottery procedures, and prioritize (increase) wages!

Joseph Edlow, USCIS Deputy Director for Policy stated, “The current H-1B random selection process makes it difficult for businesses to plan their hiring, fails to leverage the program to compete for the best and brightest international workforce, and has predominately resulted in the annual influx of foreign labor placed in low-wage positions at the expense of U.S. workers.”

For complete details, please review USCIS News Release, “USCIS Modifies H-1B Selection Process to Prioritize Wages”.

November 23, 2020

USCIS Reaches H-2B Cap for First Half of FY 2021

by Kellie N. Lego

USCIS Reaches H-2B Cap for First Half of FY 2021

On Wednesday, November 18, 2020, USCIS announced that it has reached the H-2B cap for the first half of fiscal year 2020. November 16, 2020 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before April 1, 2021. 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 FY2021. USCIS continues to accept petitions that are exempt from the congressionally mandated H-2B cap.

The exceptions are listed below:

November 18, 2020

H-2B Cap Count UPDATE – 11/9/20

by Kellie N. Lego

H-2B Cap Count UPDATE – 11/9/20

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 2021 (October 1 – March 31) is 33,000. As of the last count (11/9/20); 27,455 beneficiaries have been approved and 5,455 are pending for a total of 32,910.

November 9, 2020

H-2B Cap Count UPDATE – 11/5/20

by Kellie N. Lego

H-2B Cap Count UPDATE – 11/5/20

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 2021 (October 1 – March 31) is 33,000. As of the last count (11/5/20); 24,181 beneficiaries have been approved and 5,558 are pending for a total of 29,739.

October 29, 2020

H-2B Cap Count UPDATE – 10/26/20

by Kellie N. Lego

H-2B Cap Count UPDATE – 10/26/20

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 2021 (October 1 – March 31) is 33,000. As of the last count (10/26/20); 20,326 beneficiaries have been approved and 2,845 are pending for a total of 23,171.

October 15, 2020

H-2B Cap Count UPDATE – 10/13/20

by Kellie N. Lego

H-2B Cap Count UPDATE – 10/13/20

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 2021 (October 1 – March 31) is 33,000. As of the last count (10/13/20); 18,273 beneficiaries have been approved and 2,152 are pending for a total of 20,425.

October 12, 2020

Update – Trump Administration to Impose New Rules Targeting H-1B Visas

by Kellie N. Lego

The Trump administration announced additional immigration reforms on Tuesday, October 6th, making it more difficult for skilled foreign workers to acquire visas, specifically, the H-1b visa. The rule will take effect in 60 days and was done without a public comment period! It was done as an interim final rule (IFR), in order to speed up the process.

Changes made by the new rules:

Narrow the definition of “specialty occupation” by redefining and updating regulations

October 7, 2020

Trump Administration to Impose New Rules Targeting H-1B Visas

by Kellie N. Lego

The Trump administration announced additional immigration reforms on Tuesday, October 6th, making it more difficult for skilled foreign workers to acquire visas, specifically, the H-1b visa. The rule will take effect in 60 days and was done without a public comment period! It was done as an interim final rule (IFR), in order to speed up the process.

Changes made by the new rules:

Narrow the definition of “specialty occupation” by redefining and updating regulations

October 2, 2020

H-2B Cap Count UPDATE – 10/1/20

by Kellie N. Lego

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 2021 (October 1 – March 31) is 33,000. As of the last count (10/1/20); 16,791 beneficiaries have been approved and 1,721 are pending for a total of 18,512.

The H-2B cap limit for second half of FY 2021 (April 1 – September 30) is 33,000. As of the last count (10/1/20); 0 beneficiaries have been approved and 0 are pending for a total of 0.

September 22, 2020

H-2B Cap Count UPDATE – 9/14/20

by Kellie N. Lego

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 2021 (October 1 – March 31) is 33,000. As of the last count (9/14/20); 10,424 beneficiaries have been approved and 3,418 are pending for a total of 13,842.

The H-2B cap limit for second half of FY 2021 (April 1 – September 30) is 33,000. As of the last count (9/14/20); 0 beneficiaries have been approved and 0 are pending for a total of 0.