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Failure to submit duplicate copies may delay the Department of State from issuing a visa to otherwise eligible applicants. If you are hired we will walk you through the steps of getting your visa. However, please note that USCIS will not begin processing the petitions filed, including issuance of receipt notices or starting the 15-day premium processing clock, until after USCIS determines whether it is required to conduct a lottery from those petitions received in the first five business days of filing and any such lottery has been completed. H-2B Visa Requirements This visa is only available for work that is temporary in nature. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. No longer designate the Dominican Republic as an eligible country for the H-2B visa program because it no longer meets the regulatory standards for that program. Must have relevant work experience or … Share sensitive information only on official, secure websites. However, the TLC must still be otherwise valid. Under the new announcement, current H-2A and H-2B workers from those countries are unaffected but cannot apply to extend their stay or change their visa status. See “Who Can Petition for the Additional Visas”. But the agency underestimated the demand for H-2B visas for the second half of 2019, and iCERT crashed upon opening of the system on January 1, 2019. The U.S. Embassy in the Philippines has canceled all visa appointments scheduled through March 31 for H-1B, H-2B, L-1, J applicants participating in the intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any spouses or children of covered applicants applying for H-4, L-2, or J-2 visas. This also caused its server to crash as there were a lot of forms being submitted. Otherwise, rejection is … Intermittent need: work for which the employer has not employed full time staff, and occasionally needs temporary workers. Petitioners must retain evidence and records proving compliance with the rule and demonstrating that their business is likely to suffer irreparable harm if they are unable to employ all the H-2B workers requested in their petition. The low-stress way to find your next h2b job opportunity is on SimplyHired. Official Website of the Department of Homeland Security, USCIS Announces Countries Eligible for H-2A and H-2B Visa Programs, USCIS Response to Coronavirus 2019 (COVID-19). The H-2B visa is available to employers of foreign workers not working in the agricultural field. The H-2B program exists because there is a need, he said. The notice listing the eligible countries was published in the Federal Register on Jan. 18, 2019. Países que pueden sacar las visas H-2A y H-2B . Each country’s designation is valid for one year from Jan. 19, 2019. In a surprising announcement through the Federal Register publication on January 18, 2019, the Philippines together with Dominican Republic (H2B only) and Ethiopia were deleted from the list. The Dominican Republic participated in both the H2A and H2B visa programs in 2018. A U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf. A landscaping company in Colorado last year hired immigrants for seasonal work through the H-2B visa program. If you’re filing H-2B Visa, then you need to extra careful. 66 H2b jobs available on Indeed.com. If a petitioner files a petition seeking H-2B workers under this cap increase and requests a change of status for a worker in the United States, USCIS will deny the change of status request but will adjudicate the petition to determine eligibility for H-2B classification. USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State (DOS), have announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2019. Effective Jan. 19, 2019, nationals of the following countries are eligible to receive H-2A and H-2B visas: *Moldova, Paraguay, and the Dominican Republic are eligible to participate in the H-2A program, but they are not eligible to participate in the H-2B program. Official websites use .gov This notice does not affect the status of beneficiaries who currently are in the United States in H-2A or H-2B status unless they apply to change or extend their status. 3. H2B new/returning Process We will need the following documents for H2B transfer employees only: We do not need these documents until after you are hired. There are over 47 h2b careers waiting for you to apply! § 3303(b)(1). In the FY 2019 Omnibus, Congress again delegated its authority to the Secretary to set a numerical cap for the remainder of the fiscal year. The Secretary of DHS decided to increase the cap in accordance with section 105 of division H of the Consolidated Appropriations Act, 2019, Public Law 116-6 (FY 2019 Omnibus). A .gov website belongs to an official government organization in the United States. Accordingly, all references to “country” or “countries” in the regulations governing whether nationals of a country are eligible for H-2 program participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR 214.2(h)(6)(i)(E)(1), are read to include Taiwan. L. No. Before authorizing the additional visa numbers, the Secretary of DHS, in consultation with the Secretary of Labor, considered the needs of American businesses and other factors, including the impact on U.S. workers and the integrity of the H-2B program. The government announced plans to increase the number of those visas. USCIS will reject and return any cap-subject petitions received after June 5, together with any accompanying filing fees. Petitioners must provide the documentation if DHS or DOL request it. However, USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of the Federal Register notice, for nationals of countries not on the list on a case-by-case basis only if doing so is determined to be in the interest of the United States. USCIS continues to accept H-2B petitions that are exempt from the congressionally mandated cap. Under the H-2A Visa Program, employers must guarantee workers employment hours equal to at least 75% of the workdays in the contract period. USCIS will reject any petition that does not include the new ETA 9142-B-CAA-3 attestation form for fiscal year 2019 (or a copy of this new form). 96-8, Section 4(b)(1), provides that “[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.” 22 U.S.C. USCIS Response to Coronavirus 2019 (COVID-19) ... there is a statutory numerical limit, or “cap,” on the total number of aliens who may receive an H-2B visa, or otherwise be granted H-2B status, during a fiscal year. In addition, employers may only request H-2B returning workers (in other words, workers who have been issued an H-2B visa or otherwise granted H-2B status) in one of the last three fiscal years (FY 2016, 2017, or 2018). This is consistent with the United States’ one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979. The Department of Homeland Security has approved an additional 30,000 H-2B visas for seasonal migrant workers for 2019. On May 8, 2019, the Department of Homeland Security (DHS) and the Department of Labor (DOL) published a temporary final rule increasing the numerical limit (cap) on H-2B nonimmigrant visas by up to 30,000 additional visas through the end of fiscal year (FY) 2019. Philippines has always been on this list except for this year, 2019. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. The H-2B Visa program is designed to provide American businesses with access to workers for industries such as landscaping, seasonal hospitality, forestry, and seasonal construction businesses, as well as in manufacturing, food packaging, and retail. If you are inside the U.S. on a valid H-2B visa, or outside the U.S. but have worked in the past on an H-2B visa you may qualify to extend your H-2B status.Contact ExpressH2B . WASHINGTON — U.S. ... April 8, 2019; When you are on H2B visa, you may file a US Resident Return if you meet the substantial presence test.If you were within the United States for more than 183 days last year, you meet the test and may file as a resident. However, this high H-2B visa overstay rate demonstrates an unacceptable potential for abuse, fraud, or other harm to the integrity of the H-2B visa program and thus continued eligbility for H-2B visas does not serve the U.S. interest. Your email should include information identifying the H-2B petitioning employer and relevant information that leads you to believe that the H-2B petitioning employer is abusing the H-2B program. USCIS will consider petitions requesting an employment start date on or after Oct. 1, 2019, towards the FY 2020 H-2B cap. See salaries, compare reviews, easily apply, and get hired. USCIS will stop accepting petitions under this increase on Sept. 16, 2019, or when the cap is reached, whichever occurs first. The jobs under the H-2B Visa Program go very fast and are generally not listed on our website. For more information on these programs, see the H-2A Temporary Agricultural Workers and H-2B Temporary Non-Agricultural Workers pages on our website. Check the Department of State processing times web page to ensure that workers have sufficient time to apply for a visa. This increase is based on a time-limited statutory authority that expires at the end of the day on Sept. 30, 2019. It does not affect the H-2B program in future fiscal years. Share sensitive information only on official, secure websites. The joint temporary final rule does not apply to petitions that are not subject to the H-2B cap, including those petitions filed in connection with an H-2B extension of stay request or on behalf of certain fish roe processors. The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States.The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peakload need or … After consultation with Secretary Acosta and carefully weighing several factors, including whether U.S. workers may be harmed, and impact statements from your constituents, Secretary Nielsen has decided to allocate an additional 30,000 H-2B visas for the remainder of fiscal year 2019. Only American businesses that are likely to experience irreparable harm (permanent and severe financial loss) without the ability to employ all of the H-2B workers that they request on their Form I-129 petition for this fiscal year may file under this temporary increase in the H-2B cap. This means that noFilipinos will be able to receive H2 Visa beginning 2019. On May 8, 2019, USCIS began accepting additional cap-subject H-2B petitions with employment start dates on or before Sept. 30, 2019, and is considering them in the order they are received. **With respect to all references to “country” or “countries” in this document, it should be noted that the Taiwan Relations Act of 1979, Pub. Most businesses file their requests for workers with the U.S. government 120 days prior to the job start date. In addition, these visas are available only for returning workers (workers who received an H-2B visa or otherwise received granted H-2B status in one of the last three fiscal years). USCIS may deny or reject a petition submitted without the required attestation. The information on this page is out of date. It will remain H2A eligible. However, for purposes of this H-2B cap increase, petitioners may use TLCs that list an employment start date that has passed. For 2019, Secretary of Homeland Security Kirstjen M. Nielsen and Secretary of State Mike Pompeo have agreed to: DHS maintains its authority to add countries to the eligible countries list at any time, and to remove any country at any time DHS and DOS determine that a country fails to meet the requirements for continued designation. It depends. Secure .gov websites use HTTPS Recurring seasonal need: work that is regularly tied to a season, such as amusement park work in the summer, or ski resort work in the winter. For H2B purposes, that means one of the following: 1. Apply to Housekeeper, Server, Reservation Agent and more! The United States Citizenship and Immigration Services (USCIS) published a news alert on the 2019 H2A and H2B country lists on its website [PDF version].In this article, we will examine the 2019 H2A and H2B eligible countries list. To report that a participating employer may be abusing the H-2B program, please email us at ReportH2BAbuse@uscis.dhs.gov. Statistics: Employers must use the Department of Labor's iCERT electronic filing system to file for an H-2B visa. ALERT: USCIS has received enough petitions to reach the additional maximum 30,000 visas made available for returning workers under the H-2B numerical limit (also called a cap) for fiscal year (FY) 2019. Petitioners should provide a duplicate copy of their petition and all supporting documentation when they file. H-2B Extensions. Details on Total Landscape Care. A partir del 19 de enero de 2020, según ha publicado el Registro Federal de los Estados Unidos, y por validez de un año, los ciudadanos de 84 países pueden beneficiarse de las visas H-2A que autorizan a trabajar temporalmente en labores agrícolas en EE.UU. The notice listing the eligible countries was published in the Federal Register on Jan. 18, 2019. Following the temporary service interruptions of January 1, 2019, the FLAG System modernization effort for the H-2B program was initiated in late March 2019 with the goal to replace the legacy iCERT H-2B module and provide improved and streamlined external customer experience starting with the Fiscal Year (FY) 2020 visa allotment season. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-2B cap for the first half of fiscal year (FY) 2019. And the problem could be resolved if the visa cap is increased. USCIS will reject any petitions received after Sept. 16 or after the cap is reached, whichever is earlier. In response to pressure from Congress to address the increasing demand for seasonal workers as summer approaches, U.S. Secretary of Homeland Security Kirsten Nielsen has agreed to raise the cap on H2B employee visas by 30,000 for the remainder of the 2019 fiscal year, Congressman Bill Keating said Friday. New h2b careers are added daily on SimplyHired.com. The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. On May 8, 2019, the Department of Homeland Security (DHS) and the Department of Labor (DOL) published a temporary final rule increasing the numerical limit (cap) on H-2B nonimmigrant visas by up to 30,000 additional visas through the end of fiscal year (FY) 2019. However, some of the content may still be useful, so we have archived the page. An outline of the formal H2B process: All you will need to do is apply through us. On January 18, 2019, the Department of Homeland Security (DHS), in consultation with the Department of State (DOS), published the list of countries whose nationals are eligible to participate in the H2A and H2B nonimmigrant visa programs in 2019 [84 FR 133]. However, the new restrictions go into effect immediately for 2019, which will likely affect the record number of H-2A and H-2B petitions filed in early January. These visas are available only to American businesses which attest that they will likely suffer irreparable harm without the ability to employ all the H-2B workers requested in their petition. Secure .gov websites use HTTPS 2. The maximum period of stay in H-2B classification is 3 years. The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. Examples of factors that could result in the exclusion of a country or the removal of a country from the list include, but are not limited to, fraud, abuse, denial rates, overstay rates, human trafficking concerns, and other forms of non-compliance with the terms and conditions of the H-2 visa programs by nationals of that country. Only registered jobseekers are notified of available H-2B positions. Peak-load need: work during bus… To file an H-2B petition under this time-limited increase to the H-2B cap, petitioners must: NOTE: USCIS will not accept the expired ETA 9142-B-CAA from FY 2017 or ETA 9142-B-CAA-2 from FY 2018. A .gov website belongs to an official government organization in the United States. H-2B Visa The H-2B program allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs that have one-time occurrence, seasonal need, peakload need, or intermittent need. Add Mozambique and Samoa to the list of countries eligible to participate in the H-2A and H-2B visa programs; Add Paraguay to the list of countries eligible to participate in the H-2A visa program; No longer designate Ethiopia and the Philippines as eligible countries because they no longer meet the regulatory standards for the H-2A and H-2B visa programs; and. H-2B petitioners may continue to request premium processing together with their H-2B petition at additional cost. USCIS will deny all petitions not approved before Oct. 1, 2019, and will not refund any fees. Read more here: Cap Reached for Additional H-2B Visas for FY 2019. Petitions with employment start dates that do NOT match the TLC’s employment start date will be rejected and returned with fees. List of Countries Eligible to Participate in Both the H2A and H2B Visa Programs in 2019 Dec. 6, 2018, was the final receipt date for new cap-subject H-2B worker petitions requesting an … Note: H-2B visa applies only to a specific employer and position. For 2019, Secretary of Homeland Security Kirstjen M. Nielsen and Secretary of State Mike Pompeo have agreed to: Add Mozambique and Samoa to the list of countries eligible to participate in the H-2A and H-2B … In addition, petitioners must retain evidence that the employer requested and/or instructed that each of the H-2B workers petitioned under this rule were issued H-2B visas or otherwise granted H-2B status in FY 2016, 2017, or 2018 for a period of three years. The employer will pay workers who weren’t offered sufficient hours. Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the Secretary of Homeland Security has designated as eligible to participate in the programs. USCIS announced that the figure for application of H-2B Visa for 2019 New Year’s Day stood at 96,400, up from 81,600 last year. However, in 2019, the USCIS determined that the Dominican Republic will not be eligible for the H2B visa program due to its high H2B overstay rate. Those petitions may continue to be filed under the normal rules of the H-2B program. If USCIS approves the H-2B petition, the worker would need to obtain the H-2B visa, if applicable, at a consular post abroad before seeking admission to the United States in H-2B status at a port of entry. Generally, the employment start date listed on an H-2B petition must be the same as the employment start date authorized on the TLC according to 8 CFR 214.2(h)(6)(iv)(D). 47 h2b jobs available. e-JAM can assist H2B Visa workers of all nationalities with finding a new employer to extend their stay in the U.S. after their current H-2B contract expires Get Started Please fill out the form below to receive an email and/or text alert when the extensions are available. Official websites use .gov H-2B Visa – Employers must be labor certified by their State Labor Department and the United States Bureau of Citizenship and Immigration Services in order to offer the H-2B visa. 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