H-2 Visa

USCIS and Department of State Launch e-Approval for H-2A Petitions

USCIS and the U.S. Department of State (DOS) announced the launch of USCIS/DOS e-Approval for Form I-129, Petition for a Nonimmigrant Worker, for the H-2A (temporary agricultural worker) classification. Beginning Wednesday, May 11, 2016, this new electronic process will allow USCIS to send approval information for H-2A petitions to DOS by the end of the next business day.

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H-2B Returning Workers Exempted from the H-2B Cap for Fiscal Year 2016

Effective December 18, 2015, H-2B workers identified as “returning workers” are exempted from the fiscal year (FY) 2016 annual H-2B cap of 66,000 visas. See Immigration and Nationality Act (INA) §214(g)(9)(a), 8 U.S.C. 1184(g)(9)(a), as revised by Consolidated Appropriations Act of 2016 (Public Law 114-113).

A returning worker is defined as an H-2B worker who was previously counted against the annual H-2B cap of 66,000 visas during FYs 2013, 2014, or 2015. This means:

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DHS Notice of Countries Eligible to Participate in the H-2A and H-2B Worker Programs

[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Notices]
[Pages 72079-72081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29373]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2011-0108]
RIN 1601-ZA11


Identification of Foreign Countries Whose Nationals Are Eligible 
to Participate in the H-2A and H-2B Nonimmigrant Worker Programs

AGENCY: Office of the Secretary, DHS.



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Forms For The H-2B Program Been Extended Temporarily

The forms for the H-2B program have been extended temporarily until November 30, 2015 while OFLC awaits approval of its request for a three year extension under review with the Office of Management and Budget (OMB). OFLC will continue to extend the forms in one month increments until approved by OMB. A second comment period, as required by the Paperwork Reduction Act, ends November 30, 2015.

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H-2B Forms Updated

The Office of Foreign Labor Certification has updated the following H-2B forms: 1) Form 9142B - General Instructions; 2) Appendix B; 3) Form 9142B, Job Contractor Requirements under the 2015 H-2B Interim Final Rule. To access the forms, please click here.

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