Application for H-2B Visa Reopened for Temporary Nonimmigrant Workers

Posted by Camilo Espinosa on September 20, 2015

The U.S. Citizen and Immigration Services (USCIS) announced on June 5th, 2015 that it will reopen applications for the H-2B visa due to the 2015 fiscal year cap not being met. The H-2B program is a non-agricultural temporary worker program that allows U.S. employers to bring foreign nationals to the United States to full temporary non-agricultural jobs. For this particular visa program there is a cap on the total number of foreign nationals who may be issued this visa during a fiscal year. The cap congress has set is 66,000 visas per fiscal year, 33,000 workers who being their work in the first half of the fiscal year (October 1- March 31) and 33,000 for workers whose employment begins in the second half of the fiscal year (April 1- September 30). Once this cap is filled the ISCIS will only accept petitions for H-2B workers who are exempt from the H-2B cap.

This year, on April 2012, the USCIS announced it accepted enough H-2B petitions to meet the annual cap. However, on June 5th, 2015 it determined that the Department of State received fewer than expected requests for this type of visa. Given this new information, USCIS confirmed that there are available H-2B visas remaining for the second half of the 2015 fiscal year.

For those employers who wish to make use of the extended acceptance of new H-2B visa applications, the must submit the Form I-129, along with all required documents including an approved Temporary Labor Certification (TLC) from the department of labor that is valid for the entire employment period that is state in the petition.

If you are interested in visas to the United States, contact an immigration lawyer who will help you determine which type of visa is right for you and guide you through the whole process of obtaining a visa.

Topics: Immigration Law