News & Analysis as of

H-2B Visa Caps

Ogletree, Deakins, Nash, Smoak & Stewart,...

H-2B Cap Met for Second Half of FY 2025; Options Still Exist for Employers Seeking Temporary Workers

On March 25, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that the H-2B cap for the second half of fiscal year (FY) 2025 was met on March 5, 2025. ...more

Harris Beach Murtha PLLC

Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know

The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more

Harris Beach Murtha PLLC

A Deep Dive into the October (“Winter”) H-2B Applications for FY 2025

On July 9, 2024, the U.S. Department of Labor (“DOL”) published the list of randomized H-2B applications that were submitted between the filing window of July 3-5, 2024. The 2,158 applications submitted in this filing window...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - March 2024 #3

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

H-2B Cap Met for Second Half of Fiscal Year 2024

U.S. Citizenship and Immigration Services (USCIS) recently announced that as of March 7, 2024, the H-2B cap had been reached for the second half of fiscal year (FY) 2024....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

H-2B Cap Reached for Additional Returning Workers for First Half of Fiscal Year 2024

U.S. Citizenship and Immigration Services (USCIS) recently announced that as of January 9, 2024, the additional returning H-2B worker allotment of 20,716 visas for the first half of fiscal year (FY) 2024 (October 1, 2023, to...more

Harris Beach Murtha PLLC

Randomized H-2B Group Assignments Sent to Employers Seeking to Hire Temporary Workers

The U.S. Department of Labor recently distributed randomized H-2B group assignments. In the past, there have been a sufficient number of visas reserved for Group A to meet the initial visa cap of 33,000. Group A and Group B...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

H-2B Cap Met for First Half of Fiscal Year 2024

U.S. Citizenship and Immigration Services (USCIS) recently announced that as of October 11, 2023, the H-2B cap for nonagricultural workers had been reached for the first half of fiscal year 2024....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supplemental H-2B Cap for Returning Workers Reached for Early Second Half of Fiscal Year 2023

U.S. Citizenship and Immigration Services (USCIS) recently announced that as of March 30, 2023, the supplemental H-2B cap for returning workers had been reached for the early second half of fiscal year (FY) 2023. As part...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

H-2B Cap for Fiscal Year 2023 Is Met: A Supplemental Cap Increase Summary

On March 2, 2023, the U.S. Department of Homeland Security (DHS) notified the public that the 33,000 H-2B cap positions within the second half of the fiscal year had been reached. DHS indicated that the number of positions...more

Harris Beach Murtha PLLC

Foreign Labor Options: What Every Struggling Seasonal Business Needs to Know about H-2A, H-2B and Green Cards

It’s hard to believe, but it is already time to start planning for your labor needs for Spring 2023. As we know, finding, hiring, developing, and retaining adequate labor resources are some of the most vexing challenges for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL: Fiscal Year 2022 H-2B Updates

The H-2B program is available to employers that can demonstrate a temporary need to supplement their staffs based on a one-time, seasonal, intermittent, or peak-load need basis. The program is generally used by employers with...more

Harris Beach Murtha PLLC

It's H-2B Visa Season: What Seasonal Employers Need to Know for 2022

The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

H-2B Cap for Fiscal Year 2021 Reached as of February 12, 2021

On February 24, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it reached the H-2B cap for the second half of fiscal year (FY) 2021. The cap was officially reached on February 12, 2021. USCIS explained...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

USCIS Reaches H-2B Cap for Second Half of Fiscal Year 2020; Lawmakers Request Additional Visas

On February 18, 2020, U.S. Citizenship and Immigration Services (USCIS) reached the H-2B cap for the second half of fiscal year (FY) 2020. USCIS received significantly more petitions than there were H-2B visas available for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Announces That It Will Issue 30,000 Additional H-2B Visas in Response to High Demand

After a tumultuous filing period for the second half of fiscal year (FY) 2019, employers that rely on H-2B seasonal workers received some good news. The U.S. Department of Homeland Security (DHS) has agreed to issue up to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - May 2019

EEO-1 Appeal. Late last week, the U.S. Department of Justice filed an appeal in the case that restarted the Equal Employment Opportunity Commission’s (EEOC) 2016 EEO-1 wage reporting scheme. The government appealed both the...more

Clark Hill PLC

Window On Washington - Vol. 3, Issue 4

Clark Hill PLC on

Outlook for This Week in the Nation's Capital - Partial Government Shutdown Grinds into 5th Week: The effects of the partial shutdown continue to grow in Washington and elsewhere with Federal contractors and civil servants...more

Burr & Forman

H-2B Cap Increase Temporarily Eases Pain of Returning Worker Exemption Expiration

Burr & Forman on

The H-2B visa program allows businesses in the United States to sponsor foreign nationals for a temporary visa to work in nonagricultural jobs. The H-2B program is popular among employers in the hospitality, tourism, and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Allows One-Time Increase in H-2B Guest Worker Visas for Fiscal Year 2017

On July 19, 2017, the U.S. Department of Homeland Security (DHS) and Department of Labor (DOL) increased the numerical limit (or “cap”) on H-2B visas by up to 15,000 additional visas through the end of fiscal year (FY) 2017....more

Mintz - Immigration Viewpoints

Additional 15,000 Visas for H-2B Temporary Nonagricultural Workers for FY 2017

Effective upon publication by the Federal Register on Wednesday, July 19, 2017, the Department of Homeland Security (DHS) has authorized the one-time issuance of an additional 15,000 H-2B visas for Temporary Nonagricultural...more

Littler

Congressional Spending Bill Reauthorizes Important Immigration Programs

Littler on

On May 4, 2017, Congress passed an appropriations bill to fund the federal government through Fiscal Year 2017. The bill also extended four immigration programs through September 30, 2017. These programs are E-VERIFY, the...more

Franczek P.C.

Buy American and Hire American and the H-1B Lottery

Franczek P.C. on

On April 18, President Trump signed an Executive Order labeled the “Buy American and Hire American” initiative. Federal agencies are already subject to certain laws and regulations which require or give preference to American...more

Littler

USCIS Reminds Employers to Identify "Returning Workers" Exempt From Fiscal Year 2016 H-2B Visa Cap

Littler on

On February 5, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) issued an alert reminding employers to identify “returning workers” when filing H-2B petitions for non-immigrant workers....more

Shumaker, Loop & Kendrick, LLP

USCIS Announces H-2B Cap Reached for the First Half of Fiscal Year 2015

USCIS announced that, as of January 26, 2015, it has received a sufficient number of petitions to reach the congressionally mandated limit, or “cap” on the total number of foreign nationals who may seek a visa or otherwise...more

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