The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. Every fiscal year Congress set 66, 000 visas available for noncitizens. As a result of the need for seasonal workers, the Department of Homeland Security announced that an additional 64, 716 H-2B temporary nonagricultural…
Due to COVID-19 pandemic, The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced that they have extended the Form I-9 flexibility policy until July 31, 2023. This provision only applies to employers and workplaces that are operating remotely. Remzi Guvenc Kulen, Esq. Kulen Law Firm, P.C.
Department of Labor’s The Office of Labor Certification (OFLC) announces the awarding of an investment from the Technology Modernization Fund (TMF) to develop a new Permanent Labor Certification Program. The $7.2 million TMF investment will improve customer experience, and DOL’s services regarding permanent labor certificates, and address fraud and security risks overall. OFLC aims to make the system easier, faster,…
The H-1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas each fiscal year. An additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a U.S. institution of higher education are exempt from the cap. On August 23, 2022, USCIS announced that it reached H-1B Cap for FY2023. That means USCIS received…
In 2017, USCIS implemented a regulation facilitating an automatic, 180-day extension of EADs for certain categories of EAD holders, which took effect with the provision that the individual filed a timely request for EAD extension. The increased challenges faced by USCIS due to the COVID-19 pandemic caused a massive backlog and a 180-day extension was no longer sufficient to solve…
Customs and Border Protection (CBP) have been I-94 forms with new designations for L-2 and E visa dependents since January 31, 2022. The new designations for L-2 and E dependent spouses specifically have been serving as evidence that holders are authorized to be employed based on their nonimmigrant status. USCIS is now issuing I-797 approval notices for L-2 and E-2…
