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Bender’s Immigration Bulletin – February 15, 2011 - Immigration Attorneys Disciplined

FY 2011 H-1B Cap Reached USCIS has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year 2011, it announced on January 27. The final receipt date for new H-1B petitions requesting an employment start date in FY2011 is January 26, 2011. The final receipt date is...

Advance copy of USCIS Notice: Countries eligible to send H-2A/B visa workers

"Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated...

USCIS Announces 58 Countries Whose Nationals are Eligible for H-2A and H-2B Participation

WASHINGTON —"U.S. Citizenship and Immigration Services (USCIS) today announced that the Department of Homeland Security (DHS), in consultation with the Department of State, has identified 58 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the...

DHS Notice: Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H–2A and H–2B Nonimmigrant Worker Programs

"Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H–2A and H–2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State...

Excerpts From The Feb. 15, 2012, Bender's Immigration Bulletin: New VIBE Process, More

New VIBE Process USCIS announced that Dun and Bradstreet, the independent information provider (IIP) for VIBE (Validation Instrument for Business Enterprises), has launched a new streamlined process for certain petitioners and U.S. government customers submittiing information about their organizations...

DOL Expands E-Mail Notification Program for H-2A, H-2B Stakeholders

From DOL : March 26, 2012. H-2A Email Notification Program Expanded The Chicago National Processing Center has announced that it will be expanding its E-Mail Notification Program to all H-2A stakeholders who elect to participate in the program. In addition, all H-2A employers who elect to...

DOL ETA News, May 14, 2012

May 14, 2012 : "The Department of Labor has posted a revised Frequently Asked Question (FAQ) regarding the Permanent (PERM) Program and the consequences of withdrawing an application in Supervised Recruitment. This FAQ is available here and on the FAQs page of the OFLC website under...

OFLC to Roll Out E-Filing for H-2A, H-2B

" The Department is announcing the implementation of electronic filing in the H-2A and H-2B visa programs through the Department's iCERT Visa Portal System. We believe this new electronic filing capability will enhance the accessibility and quality of labor certification services, reduce the...

Advance Copy of DOL Notice: Electronic Filing of H-2A and H-2B Labor Certification Applications through the iCERT Visa Portal System

"The Employment and Training Administration (ETA) is announcing the implementation of electronic filing for the submission of nonimmigrant temporary labor certification applications under the H-2A and H-2B visa programs through the Department of Labor’s (Department) iCERT Visa Portal System...

OFLC Notice: Electronic Filing of H–2A and H–2B Labor Certification Applications Through the iCERT Visa Portal System

"The Employment and Training Administration (ETA) is announcing the implementation of electronic filing for the submission of nonimmigrant temporary labor certification applications under the H– 2A and H–2B visa programs through the Department of Labor’s (Department) iCERT Visa...

New iCERT FAQ for H-2A, H-2B

"The Department has posted the first round of Frequently Asked Questions (FAQs) addressing the implementation of electronic filing in the H-2B and H-2A labor certification programs through the Department's iCERT Visa Portal System. The FAQs are largely based on questions received from participants...

Advance Copy of DHS Notice: Grenada Added to H-2A/B Country List

"Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated...

Grenada Added to H-2A, H-2B Visa List

"Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H–2A and H–2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State...

USCIS: Important Information on Form I-129 H-1B, H-2A, and H-2B Petitions

"If an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was due to the government shutdown, USCIS will consider the government shutdown as an extraordinary circumstance and excuse the...

News Excerpts From The Nov. 1, 2013, Bender’s Immigration Bulletin

Government Shutdown: Impact on I-129 H Visa Extensions and AOS | Via e-Mail on October 18, 2013, USCIS alerted stakeholders that if an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was...

USCIS Policy Memo: Additional Guidance on Determining Periods of Admission for Foreign Nationals Previously Admitted as H-4 Nonimmigrants who are Seeking H-2 or H-3 Status

"This policy memorandum (PM) provides additional guidance regarding how Immigration Services Officers (ISOs) should determine periods of admission for a foreign national. Specifically, this PM clarifies that time spent as an H-4 dependent does not count against the maximum allowable periods of stay...

Advance Copy of List of Countries Eligible to Send H-2A/B Workers

"Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated...

DHS Notice: List of Countries Eligible to Send H-2A/B Workers

"Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H–2A and H–2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State...

OFLC Deactivates 4 H-2A/B E-Mail Addresses

"In order to implement the Department's IT modernization initiative and new cloud computing requirements, the OFLC Chicago National Processing Center (NPC) deactivated the following email boxes on February 3, 2014: H2A.Amend-Extend.Chicago@dol.gov H2A.Abandonment-Termination.Chicago...

Court Imposes Deadlines on DOL for H-2A, H-2B RFIs: International Labor Management Corp. v. Perez

"Employers using the H-2A and H-2B guestworker programs may get some relief from government-caused delays following a recent federal court decision holding that the Labor Department must follow the statutory and regulatory time frames for issuing notices and certifications. In International Labor...

Five Countries Added to H-2A, H-2B List: Federal Register

"The Secretary of Homeland Security has determined, with the concurrence of the Secretary of State, that 63 countries previously designated in the January 17, 2014 notice continue to meet the standards identified in that notice for eligible countries and therefore should remain designated as countries...

GAO: Increased Protections Needed for H-2A, H-2B Visa Workers

"Why GAO Did This Study Tens of thousands of foreign nationals travel to the United States each year under the H-2A and H-2B visa programs. These programs are designed to fill a temporary need that U.S. workers are unavailable to fill. Employers may use third parties to recruit these workers...

H-2 Visas In Flux - Reform or Status Quo?

"[A]ccording to Daniel Costa of Economic Policy Institute (EPI), it's unclear what extent the new [joint DHS / DOL Interim Final] rule would strengthen standards or maintain the status quo: [E]mployers are keeping their fingers crossed that DOL/DHS reissue as much of the substance of the...