President Biden has let former President Trump’s Presidential Proclamation 10052, which temporarily suspended the entry of certain H-1B, H-2B, J (for certain categories within the Exchange Visitor Program), and L nonimmigrants, expire on March 31, 2021. In their announcement regarding the expiration of PP 10052, the Department of State (DOS) noted that “visa applicants who have not yet been interviewed or scheduled for an interview will have their applications prioritized and processed in accordance with existing Visa Services Operating Status Update guidance.”
Read moreDHS Offers Flexibilities to Increase Food Security & Stabilize US Supply Chain During COVID-19 Pandemic
The Department of Homeland Security (DHS) announced a temporary final rule to change certain H-2B requirements to “help support the U.S. food supply chain, maintain essential infrastructure operations and reduce the impact from the coronavirus (COVID-19) public health emergency.” The H-2B nonimmigrant classification applies to foreign national workers seeking to perform nonagricultural services or labor of a temporary nature in the US, usually lasting no longer than one year, for which able, willing, and qualified US workers are not available. DHS notes that these temporary measures apply solely to foreign nationals already present in the US with a valid H-2B nonimmigrant status, and also notes that the temporary final rule does not increase H-2B visas above the congressionally mandated 66,000 visa cap through the remainder of fiscal year (FY) 2020.
Read moreSeasonal and Low-Wage Laborers in America: Now and Then
The Department of Homeland Security (DHS) announced yesterday a one-time increase of 15,000 additional visas available to low-wage, seasonal workers under the H-2B visa program for the remainder of this fiscal year. This decision represents a 45% increase in the annual H-2B cap Congress has set at 66,000. This final rule, created by the DHS after consulting with the Department of Labor (DOL), requires petitioners to attest, under the penalty of perjury, that their businesses are likely to suffer irreparable harm if unable to employ H-2B nonimmigrant workers during this fiscal year. They must also provide documentation proving that they would not be able to meet their contractual obligations otherwise.
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