H Visa News

The "Immigration Innovation Act of 2013" May Double H-1B Visa Cap


IMMIGRATION INNOVATION (I2) ACT OF 2013

ORRIN HATCH (R-UTAH), AMY KLOBUCHAR (D-MINN.), MARCO RUBIO (R-FLA.), CHRIS COONS (D-DEL.)

Employment-Based Nonimmigrant H-1B Visas

1. Increase H-1B cap from 65,000 to 115,000

2. Establish a market-based H-1B escalator, so that the cap can adjust – up or down – to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move)

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

[Federal Register Volume 78, Number 13 (Friday, January 18, 2013)]
[Notices]
[Pages 4154-4155]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00908]

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DEPARTMENT OF HOMELAND SECURITY

[DHS-2011-0108]
RIN 1601-ZA11

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

DOL FAQs on New Electronic Filing System for H-2B & H-2A Programs

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 in the four webinar training sessions conducted by the Office of Foreign Labor Certification, and are published to assist program users in navigating electronic filing in the H-2B and H-2A programs.

DOL Online Resource Page on H-2A & H-2B Electronic Filing System

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 data collection and reporting burden on small employers, facilitate more streamlined business processes, and establish greater transparency in the Department's decisions.

Cap Count for H-1B Nonimmigrants for Fiscal Year (FY) 2013 Updated

The H-1B Program

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations and Fashion Models.

How USCIS Determines if an H-1B Petition is Subject to the FY 2013 Cap

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

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) 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 coming year. The notice listing eligible countries will publish in tomorrow’s Federal Register.  Each country’s designation is valid for one year from the date of publication.

DOL Publishes Guidance and Final Rule on Wage Determinations for H-2B Wage Methodology

On November 18, 2011, the President signed into law the Consolidated and Further Continuing Appropriations Act, 2012, Public Law 112-55. The legislation contains language prohibiting the Department from implementing, administering, or enforcing, before January 1, 2012, the H-2B Wage Rule. Based on Congressional intent to continue to implement the current H-2B regulations, the Department has published a Final Rule extending the effective date of the Wage Rule to apply to work performed on and after January 1, 2012.