LexisNexis® Legal Newsroom
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...

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

This document is scheduled to be published in the Federal Register on 11/18/2015 - "This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 84 countries whose nationals are eligible to participate in the H-2A program and 83 countries...

DOLETA Notice: H-2A/B Allowable Charges

Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 - "The Employment and Training Administration (ETA) of the Department of Labor (Department or DOL) is issuing this Notice to announce (1) the allowable charges for 2016 that employers seeking H–2A workers in occupations other than...

DOL Enhances iCERT for H-2A/B Filers

DOL, Aug. 26, 2016 - " ETA Announces iCERT System Enhancement to Streamline the H-2A and H-2B Processes for Employers: Electronic Submission of Supporting Documentation Post-Filing ETA has implemented a new enhancement to the iCERT System related to the submission of applications for temporary...

DHS Posts Annual H-2 Country List (Oct. 26, 2016)

Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 - Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H–2A and H–2B Nonimmigrant Worker Programs

USCIS Announces Addition of St. Vincent and the Grenadines to Eligible Countries for the H-2A and H-2B Visa Programs

USCIS, Nov. 8, 2016 - "USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State, have added St. Vincent and the Grenadines to the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for the coming year. The notice...

DOL to Ramp Up Fraud Probes of H Visa Programs

Sarah N. Lynch, Reuters, June 6, 2017 - "The U.S. Labor Department said on Tuesday it is stepping up efforts to root out potential fraud in its visa programs for foreign workers, a move that will include increases in both civil investigations as well as criminal referrals. The announcement by Labor...

OFLC Schedules H-2A, H-2B Webinars in October 2017

As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, OFLC will host a webinar on Tuesday, October 31, 2017 , designed to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common...

Advance Copy of H-2A, H-2B Country List - Belize, Haiti and Samoa Removed; Mongolia Added

This document is scheduled to be published in the Federal Register on 01/18/2018.

Haiti, Belize, Samoa Removed from H-2 Visa List; Mongolia Added (Federal Register, Jan. 18, 2018)

Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H–2A and H–2B Nonimmigrant Worker Programs - "This notice is effective January 18, 2018, and shall be without effect after January 18, 2019."