There will be an additional 15,000 H-2B nonimmigrant visas available under the temporary final rule that allows increasing the number or cap through the end of the fiscal year 2018, according to the U.S. Citizenship and Immigration Service (USCIS) at the end of May. Congress has set the current H-2B visa cap at 66,000 per fiscal year. The additional 15,000 visas are for American businesses only, and they must acknowledge that their business would likely suffer damage without the additional labor force requested for.
The increase comes after the USCIS received a record number of petitions with in the first five days of filing. As a result, the USCIS falls back on department regulations that require it to use a computer program that randomly selects the exact number of petitions needed to meet, but not exceed the 2018 cap increase. The USCIS performed its lottery on June 7, 2018, and began sending out notifications to those selected on June 11, 2018.
What Were the Guidelines and Limitations for Putting in for a H-2B Visa Lottery?
- The deadline for filing for the H-2B Visa lottery is over, which was June 6, 2018. Petitions received after that date were returned with filing fees.
- Petitions that were drawn were given a receipt date of June 11, and sent on for premium processing service.
- Employers that submitted petitions that were accepted will be sent notification of their winning additional H-2B visas for their employees.
- Certain conditions apply that can disqualify awarded petitions, namely if the USCIS discovers that an original approved temporary labor certification was not turned in with the petition, or if the employer requests more worker’s petitions than were certified.
- The USCIS doesn’t refund fees of those employers, whose petitions have been denied.
Employers Can Continue to Send in H-2B Petitions
Here are the guidelines for ongoing H-2B petitions that can be submitted to the USCIS by employers:
- These can either be part of the regular cap limitation, or for any future lottery.
- Petitions can be sent on behalf of workers in the United States that are seeking to extend their employment, change the terms of their employment (such as transfer to a different job or to receive a promotion), or change place of employment.
- Petitions are always being accepted for those employers needing to hire fish roe processors, fish roe technicians, or fish roe supervisors.
- Petitions are also accepted for jobs performing labor or services in the Commonwealth of Northern Mariana Island and Guam (Current expiration set for Dec. 31, 2019).
Contact a Los Angeles Immigration Lawyer at the Hanlon Law Group, P.C.
Do you own a business and wish to higher foreign workers for temporary, non-agricultural work? If so, let our Los Angeles immigration lawyer at the Hanlon Law Group, P.C. file the H-2B visa petitions for you. We might actually find a better circumstance to suggest filing for instead. To learn more about our services contact us today by calling (626) 684-3712 or (866) 227-5527 or by emailing us using the form at the upper right-hand side of the screen.