Department of Homeland Security (DHS) Secretary Janet Napolitano designated 11 new countries as eligible to participate in the H-2A and H-2B nonimmigrant visa programs, which allow U.S. employers to bring foreign nationals to the United States to fill temporary or seasonal jobs for which U.S. workers are not available.
The 11 newly designated countries—Croatia, Ecuador, Ethiopia, Ireland, Lithuania, The Netherlands, Nicaragua, Norway, Serbia, Slovakia and Uruguay—join 28 countries previously designated as eligible to participate in these programs.
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www.ImmigrationLawyerMN.com
Wednesday, February 3, 2010
Friday, January 15, 2010
H2B Work Visa Countries
Which countries can H-2B workers come from? Any country? NO.
The U.S. Department of Homeland Security - DHS, through the office of U.S. Citizenship and Immigration Services - USCIS, will only allow nationals from the following countries to receive H-2B visas in 2010:
Argentina
Australia
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Dominican Republic
Ecuador
El Salvador
Ethiopia
Guatemala
Honduras
Indonesia
Ireland
Israel
Jamaica
Japan
Lithuania
Mexico
Moldova
The Netherlands
Nicaragua
New Zealand
Norway
Peru
Philippines
Poland
Romania
Serbia
Slovakia
South Africa
South Korea
Turkey
Ukraine
United Kingdom
Uruguay
www.CundyAndMartin.com
www.ImmigrationLawyerMN.com
By
Minnesota H-2B Attorneys
The U.S. Department of Homeland Security - DHS, through the office of U.S. Citizenship and Immigration Services - USCIS, will only allow nationals from the following countries to receive H-2B visas in 2010:
Argentina
Australia
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Dominican Republic
Ecuador
El Salvador
Ethiopia
Guatemala
Honduras
Indonesia
Ireland
Israel
Jamaica
Japan
Lithuania
Mexico
Moldova
The Netherlands
Nicaragua
New Zealand
Norway
Peru
Philippines
Poland
Romania
Serbia
Slovakia
South Africa
South Korea
Turkey
Ukraine
United Kingdom
Uruguay
www.CundyAndMartin.com
www.ImmigrationLawyerMN.com
By
Minnesota H-2B Attorneys
Monday, August 10, 2009
H-2B Worker Visas Still Available
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USCIS to Accept New H-2B Fiscal Year 2009 Petitions
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today reopened the fiscal year 2009 H-2B petition filing period and will immediately accept new H-2B petitions.
Although on Jan. 7, 2009, USCIS announced it accepted and approved a sufficient number of H-2B petitions to meet the congressionally mandated annual cap of 66,000, the Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
Contact Vincent Martin at www.cundyandmartin.com for more information or assistance with your H-2B case.
USCIS to Accept New H-2B Fiscal Year 2009 Petitions
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today reopened the fiscal year 2009 H-2B petition filing period and will immediately accept new H-2B petitions.
Although on Jan. 7, 2009, USCIS announced it accepted and approved a sufficient number of H-2B petitions to meet the congressionally mandated annual cap of 66,000, the Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
Contact Vincent Martin at www.cundyandmartin.com for more information or assistance with your H-2B case.
Friday, February 13, 2009
New H-2B Regulations and Countries
Countries designated for H-2B visas:
Argentina;
Australia;
Belize;
Brazil;
Bulgaria;
Canada;
Chile;
Costa Rica;
Dominican Republic;
El Salvador;
Guatemala;
Honduras;
Indonesia;
Israel;
Jamaica;
Japan;
Mexico;
Moldova;
New Zealand;
Peru;
Philippines;
Poland;
Romania;
South Africa;
South Korea;
Turkey;
Ukraine;
United Kingdom.
www.cundyandmartin.com
Minnesota Immigration Lawyers
Argentina;
Australia;
Belize;
Brazil;
Bulgaria;
Canada;
Chile;
Costa Rica;
Dominican Republic;
El Salvador;
Guatemala;
Honduras;
Indonesia;
Israel;
Jamaica;
Japan;
Mexico;
Moldova;
New Zealand;
Peru;
Philippines;
Poland;
Romania;
South Africa;
South Korea;
Turkey;
Ukraine;
United Kingdom.
www.cundyandmartin.com
Minnesota Immigration Lawyers
Thursday, February 5, 2009
New H-2B Regulations and Rules
On December 19, 2008, the Office of the Federal Register published the Final
Rule on H-2B Temporary Non-agricultural Employment. The Final Rule takes
effect January 18, 2009. Certain aspects of the Final Rule will allow for a
transition period.
There are no changes for applications filed before January 18, 2009. The
Washington State Employment Security Department (ESD) continues to process
active H-2B applications.
What's new after January 18, 2009? Employers will complete recruitment
before submitting the H-2B application, ETA Form 9142, to the Department of
Labor's National Processing Center (NPC).
Prevailing Wage Determination (PWD):
• Before starting recruitment, employers must obtain a PWD.
• If workers are needed before October 1, 2009, submit a prevailing wage
request to ESD using the state's current prevailing wage request form.
• If workers are needed after October 1, 2009, submit a prevailing wage
request to the NPC using ETA Form 9141.
Job order:
• Employers should submit an acceptable job order to ESD to post for 30
days. The job order should not be posted more that 120 days before
workers are needed.
• Employer must provide NPC with documentation of the State Workforce
Agency job order.
Referrals:
• ESD verifies employment eligibility of all referrals from the job order using
the 1-9 form.
• Referrals made by ESD will be from a local WorkSource center in the
areas of intended employment.
Recruitment:
While the job order is open, the employer will publish a local newspaper
advertisement that meets all requirements, on two separate days,
including a Sunday.
• If party to a collective bargaining agreement, the employer should contact
the local union as a recruitment source.
Recruitment report:
• Employer should prepare, sign and date a written recruitment report that
meets all requirements and submit it to NPC with the application.
Rule on H-2B Temporary Non-agricultural Employment. The Final Rule takes
effect January 18, 2009. Certain aspects of the Final Rule will allow for a
transition period.
There are no changes for applications filed before January 18, 2009. The
Washington State Employment Security Department (ESD) continues to process
active H-2B applications.
What's new after January 18, 2009? Employers will complete recruitment
before submitting the H-2B application, ETA Form 9142, to the Department of
Labor's National Processing Center (NPC).
Prevailing Wage Determination (PWD):
• Before starting recruitment, employers must obtain a PWD.
• If workers are needed before October 1, 2009, submit a prevailing wage
request to ESD using the state's current prevailing wage request form.
• If workers are needed after October 1, 2009, submit a prevailing wage
request to the NPC using ETA Form 9141.
Job order:
• Employers should submit an acceptable job order to ESD to post for 30
days. The job order should not be posted more that 120 days before
workers are needed.
• Employer must provide NPC with documentation of the State Workforce
Agency job order.
Referrals:
• ESD verifies employment eligibility of all referrals from the job order using
the 1-9 form.
• Referrals made by ESD will be from a local WorkSource center in the
areas of intended employment.
Recruitment:
While the job order is open, the employer will publish a local newspaper
advertisement that meets all requirements, on two separate days,
including a Sunday.
• If party to a collective bargaining agreement, the employer should contact
the local union as a recruitment source.
Recruitment report:
• Employer should prepare, sign and date a written recruitment report that
meets all requirements and submit it to NPC with the application.
Wednesday, January 21, 2009
H-2B Labor Certification
Basic Provisions/Requirements
USCIS regulations require that employers who file H-2B petitions with the USCIS (except for temporary employment on Guam) must include a certification from the Department of Labor stating that qualified workers are not available in the U.S. and that the foreign worker’s employment will not adversely affect wages and working conditions of similarly employed U.S. workers. If the Department of Labor notified the employer that certification cannot be made, the employer may submit countervailing evidence to USCIS.
To obtain certification, employers must file applications for certification of temporary nonagricultural jobs on Part A of an Application for Alien Employment Certification, Form ETA 750, with the State Workforce Agency (SWA) serving the geographic area where the alien will work. To receive a timely determination, the employer should apply at least 60 but no more than 120 days before the workers are needed.
The employment for which certification is requested must be for less than one year, and the need for the service or labor shall be a one-time occurrence, seasonal need, peak load need, or intermittent need. General Administrative Letter No. I-95, dated November 10, 1994, (amended by General Administrative Letter No. I-97 Change 1, dated December 22, 1997) states the requirements for obtaining temporary nonagricultural labor certifications.
After receiving an application, the SWA prepares a job order and places it into the Employment Service System for 10 days. The employer, after filing the application with the SWA, advertises the job opportunity in a newspaper of general circulation for three consecutive days, or in a professional, trade, or ethnic publication, whichever is most appropriate for the occupation and most likely to bring responses from U.S. workers.
The employer must also document that unions and other recruitment sources, appropriate for the occupation and customary to the industry, could not refer qualified U.S workers. After the employer completes the required recruitment, it must submit a recruitment report that explains the lawful job-related reasons for not hiring each U.S. worker that applied.
USCIS regulations require that employers who file H-2B petitions with the USCIS (except for temporary employment on Guam) must include a certification from the Department of Labor stating that qualified workers are not available in the U.S. and that the foreign worker’s employment will not adversely affect wages and working conditions of similarly employed U.S. workers. If the Department of Labor notified the employer that certification cannot be made, the employer may submit countervailing evidence to USCIS.
To obtain certification, employers must file applications for certification of temporary nonagricultural jobs on Part A of an Application for Alien Employment Certification, Form ETA 750, with the State Workforce Agency (SWA) serving the geographic area where the alien will work. To receive a timely determination, the employer should apply at least 60 but no more than 120 days before the workers are needed.
The employment for which certification is requested must be for less than one year, and the need for the service or labor shall be a one-time occurrence, seasonal need, peak load need, or intermittent need. General Administrative Letter No. I-95, dated November 10, 1994, (amended by General Administrative Letter No. I-97 Change 1, dated December 22, 1997) states the requirements for obtaining temporary nonagricultural labor certifications.
After receiving an application, the SWA prepares a job order and places it into the Employment Service System for 10 days. The employer, after filing the application with the SWA, advertises the job opportunity in a newspaper of general circulation for three consecutive days, or in a professional, trade, or ethnic publication, whichever is most appropriate for the occupation and most likely to bring responses from U.S. workers.
The employer must also document that unions and other recruitment sources, appropriate for the occupation and customary to the industry, could not refer qualified U.S workers. After the employer completes the required recruitment, it must submit a recruitment report that explains the lawful job-related reasons for not hiring each U.S. worker that applied.
H-2B Returning Workers
H-2B Returning Worker Attestation
As a supplement to the attached Form I-129, I further certify, as required by section 214(g)(9)(B) of the Immigration and Nationality Act, that the workers listed below are “returning workers” who have been admitted into the United States in H-2B status or changed to H-2B status during one of the last three fiscal years.
Full name of each returning worker A# (if known) Date of Last Admission Date of Change of Status in H-2B Status (if known) to H-2B Status (if known)
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
I certify, under penalty of perjury under the laws of the United States of America, that the information included in this certification is all true and correct.
_________________________________
Signature
______________________________
Date
Note: This attestation must be signed by the same person who signed the Form I-129.
As a supplement to the attached Form I-129, I further certify, as required by section 214(g)(9)(B) of the Immigration and Nationality Act, that the workers listed below are “returning workers” who have been admitted into the United States in H-2B status or changed to H-2B status during one of the last three fiscal years.
Full name of each returning worker A# (if known) Date of Last Admission Date of Change of Status in H-2B Status (if known) to H-2B Status (if known)
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
____________________________ ____________ ____________ ____________
I certify, under penalty of perjury under the laws of the United States of America, that the information included in this certification is all true and correct.
_________________________________
Signature
______________________________
Date
Note: This attestation must be signed by the same person who signed the Form I-129.
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