Rachel Browning’s Legal Blog

            U.S. Citizenship and Immigration Services (USCIS) has announced that it is reopening the fiscal year 2009 H-2B petition filing period and will now accept new H-2B petitions.  Although USCIS had previously determined on Jan. 7, 2009, that it had approved a sufficient number of H-2B petitions to meet the annual cap of 66,000, the Department of State later revealed that in fact, it had received far fewer requests for H-2B visas than expected.  As a result, only 40,640 H-2B visas were issued for fiscal year 2009 to date.  Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary workers in non-agricultural positions, to use the remaining 25,000+ available visas.

            The usual adjudication time frame for H-2B petitions is 60 days. However, because H-2B petitions for these 2009 visas must be received, evaluated, and adjudicated on or before the fiscal year deadline of Sept. 30, 2009, USCIS cannot guarantee approval of any H-2B petition on or before that date. The USCIS is therefore advising employers to file as soon as possible and to request premium processing which allows for expedited adjudication in approximately 15 business days.

            To qualify for one of the remaining H-2B visas, employers must:

·         Submit a Form I-129 Petition for a Nonimmigrant Worker to USCIS with supporting documents, and the corresponding approved Alien Employment Certification from the U.S. Department of Labor (DOL) that is valid for the entire employment period stated on the petition.

·         The petitioner must also indicate an employment start date before Oct. 1, 2009.

            Petitions received on or after Oct. 1, 2009, and/or requesting a starting date on or after Oct. 1, 2009, will not be accepted for the 2009 fiscal year, but instead will be considered towards the fiscal year 2010 H-2B cap.

            The H-2B program allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs for which there is a shortage of available U.S. workers. Typically, H-2B workers fill positions in occupational areas such as education, construction, health care, landscaping, manufacturing, food service/processing, and resort/hospitality services.

            Employers seeking to take advantage of the reopening of the 2009 H-2B quota should contact an experienced immigration attorney to assist in the process of filing the petition on time and according to USCIS and DOL laws and guidelines.  Contact the Immigration Attorneys of Garg & Associates in Houston, The Woodlands, Texas and Long Beach, California for more information or to schedule a Consultation.