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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. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Visas for Fiancé(e)s of U.S. Citizens

If my fiancé’ was denied a tourist visa, can I still apply for a fiancé’ visa for her?

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 2020 (October 1 – March 31) is 33,000. As of the last count (11/6/19); 26,412 beneficiaries have been approved and 5,666 are pending for a total of 32,078.


The H-2B cap limit for second half of FY 2020 (April 1 – September 30) is 33,000. As of the last count (11/6/19); 0 beneficiaries have been approved and 0 are pending for a total of 0.

Meeting CANCELED

The United States Citizenship and Immigration Services (USCIS) will be holding a Teleconference on Thursday, November 14, 2019 from 2 to 4 p.m. (Eastern). This event is entitled “Asylum Division Meeting”. During the teleconference, USCIS officials will provide updates on the Asylum Division, followed by a question and answer session. You may attend this engagement either in person at USCIS, 20 Massachusetts Avenue NW, Washington, DC, or by teleconference (listen only).

Event Information:

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, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., 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, November 15, 2019. Act now and submit your questions!

On Thursday, November 7th, USCIS announced as part of the final rule for the H-1B electronic registration system, they will be charging a non-refundable $10 fee for each H-1B petitioned by an employer. This $10 registration fee will not start until the USCIS implements the electronic registration system.

For further details please review the USCIS News Release, “USCIS Implements $10 Fee for H-1B Visa Registration”.

*The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.

The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2019 statistics (Fourth Quarter) in the form of program factsheets for each of the major immigration programs. These updated FY2019 statistics (Fourth Quarter) covers July 2019 through September 2019.

The link to each FY2019 (Fourth Quarter) program factsheets is listed below:

Permanent Labor Certification Program – Select Statistics

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 2020 (October 1 – March 31) is 33,000. As of the last count (10/31/19); 22,931 beneficiaries have been approved and 6,411 are pending for a total of 29,342.


The H-2B cap limit for second half of FY 2020 (April 1 – September 30) is 33,000. As of the last count (10/31/19); 0 beneficiaries have been approved and 0 are pending for a total of 0.

On Wednesday, October 30th, USCIS announced that beginning December 2, 2019 they would be increasing the fee for some premium processing requests. The premium processing fee for both Forms, I-129 and I-140 will increase. The fee for requesting premium processing for these two forms will increase from $1,410 to $1,440. USCIS states that the increase is tied to an increase in inflation using the Consumer Price Index.

*Premium processing is an optional service currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of these forms if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees. It cannot be waived. * USCIS

For further details please review the USCIS News Release, “USCIS Adjusting Premium Processing Fee”.

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. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 H-1B Nonimmigrant Visa

My 6-year limit has expired on my H-1B visa. How long do I have to remain out of the US before I can apply again?

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 2020 (October 1 – March 31) is 33,000. As of the last count (10/24/19); 21,375 beneficiaries have been approved and 4,444 are pending for a total of 25,819.


The H-2B cap limit for second half of FY 2020 (April 1 – September 30) is 33,000. As of the last count (10/24/19); 0 beneficiaries have been approved and 0 are pending for a total of 0.

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