Only registered jobseekers are notified of available H-2B positions. The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States.The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peakload need or … When you are on H2B visa, you may file a US Resident Return if you meet the substantial presence test.If you were within the United States for more than 183 days last year, you meet the test and may file as a resident. USCIS may deny or reject a petition submitted without the required attestation. Petitioners must retain evidence and records proving compliance with the rule and demonstrating that their business is likely to suffer irreparable harm if they are unable to employ all the H-2B workers requested in their petition. This increase is based on a time-limited statutory authority that expires at the end of the day on Sept. 30, 2019. Read more here: Cap Reached for Additional H-2B Visas for FY 2019. But the agency underestimated the demand for H-2B visas for the second half of 2019, and iCERT crashed upon opening of the system on January 1, 2019. However, USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of the Federal Register notice, for nationals of countries not on the list on a case-by-case basis only if doing so is determined to be in the interest of the United States. The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. **With respect to all references to “country” or “countries” in this document, it should be noted that the Taiwan Relations Act of 1979, Pub. The H-2B Visa program is designed to provide American businesses with access to workers for industries such as landscaping, seasonal hospitality, forestry, and seasonal construction businesses, as well as in manufacturing, food packaging, and retail. Intermittent need: work for which the employer has not employed full time staff, and occasionally needs temporary workers. The information on this page is out of date. 66 H2b jobs available on And the problem could be resolved if the visa cap is increased. A partir del 19 de enero de 2020, según ha publicado el Registro Federal de los Estados Unidos, y por validez de un año, los ciudadanos de 84 países pueden beneficiarse de las visas H-2A que autorizan a trabajar temporalmente en labores agrícolas en EE.UU. However, for purposes of this H-2B cap increase, petitioners may use TLCs that list an employment start date that has passed. If USCIS approves the H-2B petition, the worker would need to obtain the H-2B visa, if applicable, at a consular post abroad before seeking admission to the United States in H-2B status at a port of entry. USCIS Response to Coronavirus 2019 (COVID-19) ... there is a statutory numerical limit, or “cap,” on the total number of aliens who may receive an H-2B visa, or otherwise be granted H-2B status, during a fiscal year. The United States Citizenship and Immigration Services (USCIS) published a news alert on the 2019 H2A and H2B country lists on its website [PDF version].In this article, we will examine the 2019 H2A and H2B eligible countries list. For 2019, Secretary of Homeland Security Kirstjen M. Nielsen and Secretary of State Mike Pompeo have agreed to: DHS maintains its authority to add countries to the eligible countries list at any time, and to remove any country at any time DHS and DOS determine that a country fails to meet the requirements for continued designation. There are over 47 h2b careers waiting for you to apply! However, the TLC must still be otherwise valid. Under the H-2A Visa Program, employers must guarantee workers employment hours equal to at least 75% of the workdays in the contract period. Only American businesses that are likely to experience irreparable harm (permanent and severe financial loss) without the ability to employ all of the H-2B workers that they request on their Form I-129 petition for this fiscal year may file under this temporary increase in the H-2B cap. Otherwise, rejection is … In a surprising announcement through the Federal Register publication on January 18, 2019, the Philippines together with Dominican Republic (H2B only) and Ethiopia were deleted from the list. The Dominican Republic participated in both the H2A and H2B visa programs in 2018. For 2019, Secretary of Homeland Security Kirstjen M. Nielsen and Secretary of State Mike Pompeo have agreed to: Add Mozambique and Samoa to the list of countries eligible to participate in the H-2A and H-2B … A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. The maximum period of stay in H-2B classification is 3 years. If you’re filing H-2B Visa, then you need to extra careful. Official Website of the Department of Homeland Security, USCIS Announces Countries Eligible for H-2A and H-2B Visa Programs, USCIS Response to Coronavirus 2019 (COVID-19). Before authorizing the additional visa numbers, the Secretary of DHS, in consultation with the Secretary of Labor, considered the needs of American businesses and other factors, including the impact on U.S. workers and the integrity of the H-2B program. 96-8, Section 4(b)(1), provides that “[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.” 22 U.S.C. Países que pueden sacar las visas H-2A y H-2B . The Department of Homeland Security has approved an additional 30,000 H-2B visas for seasonal migrant workers for 2019. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. An outline of the formal H2B process: All you will need to do is apply through us. L. No. Official websites use .gov However, the new restrictions go into effect immediately for 2019, which will likely affect the record number of H-2A and H-2B petitions filed in early January. Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the Secretary of Homeland Security has designated as eligible to participate in the programs. Generally, the employment start date listed on an H-2B petition must be the same as the employment start date authorized on the TLC according to 8 CFR 214.2(h)(6)(iv)(D). It depends. For H2B purposes, that means one of the following: 1. § 3303(b)(1). Secure .gov websites use HTTPS It does not affect the H-2B program in future fiscal years. It will remain H2A eligible. The notice listing the eligible countries was published in the Federal Register on Jan. 18, 2019. New h2b careers are added daily on 2. 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. Add Mozambique and Samoa to the list of countries eligible to participate in the H-2A and H-2B visa programs; Add Paraguay to the list of countries eligible to participate in the H-2A visa program; No longer designate Ethiopia and the Philippines as eligible countries because they no longer meet the regulatory standards for the H-2A and H-2B visa programs; and. To report that a participating employer may be abusing the H-2B program, please email us at This notice does not affect the status of beneficiaries who currently are in the United States in H-2A or H-2B status unless they apply to change or extend their status. Those petitions may continue to be filed under the normal rules of the H-2B program. For more information on these programs, see the H-2A Temporary Agricultural Workers and H-2B Temporary Non-Agricultural Workers pages on our website. In addition, these visas are available only for returning workers (workers who received an H-2B visa or otherwise received granted H-2B status in one of the last three fiscal years). The government announced plans to increase the number of those visas. This also caused its server to crash as there were a lot of forms being submitted. Recurring seasonal need: work that is regularly tied to a season, such as amusement park work in the summer, or ski resort work in the winter. Dec. 6, 2018, was the final receipt date for new cap-subject H-2B worker petitions requesting an … The jobs under the H-2B Visa Program go very fast and are generally not listed on our website. USCIS will reject and return any cap-subject petitions received after June 5, together with any accompanying filing fees. The H-2B program exists because there is a need, he said. H-2B Extensions. After consultation with Secretary Acosta and carefully weighing several factors, including whether U.S. workers may be harmed, and impact statements from your constituents, Secretary Nielsen has decided to allocate an additional 30,000 H-2B visas for the remainder of fiscal year 2019. If a petitioner files a petition seeking H-2B workers under this cap increase and requests a change of status for a worker in the United States, USCIS will deny the change of status request but will adjudicate the petition to determine eligibility for H-2B classification. Accordingly, all references to “country” or “countries” in the regulations governing whether nationals of a country are eligible for H-2 program participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR 214.2(h)(6)(i)(E)(1), are read to include Taiwan. USCIS will stop accepting petitions under this increase on Sept. 16, 2019, or when the cap is reached, whichever occurs first. Official websites use .gov Statistics: Employers must use the Department of Labor's iCERT electronic filing system to file for an H-2B visa. Following the temporary service interruptions of January 1, 2019, the FLAG System modernization effort for the H-2B program was initiated in late March 2019 with the goal to replace the legacy iCERT H-2B module and provide improved and streamlined external customer experience starting with the Fiscal Year (FY) 2020 visa allotment season. ... April 8, 2019; Most businesses file their requests for workers with the U.S. government 120 days prior to the job start date. In the FY 2019 Omnibus, Congress again delegated its authority to the Secretary to set a numerical cap for the remainder of the fiscal year. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-2B cap for the first half of fiscal year (FY) 2019. Petitions with employment start dates that do NOT match the TLC’s employment start date will be rejected and returned with fees. This visa is only available for work that is temporary in nature. The U.S. Embassy in the Philippines has canceled all visa appointments scheduled through March 31 for H-1B, H-2B, L-1, J applicants participating in the intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any spouses or children of covered applicants applying for H-4, L-2, or J-2 visas. See salaries, compare reviews, easily apply, and get hired. Details on Total Landscape Care. USCIS will deny all petitions not approved before Oct. 1, 2019, and will not refund any fees. ALERT: USCIS has received enough petitions to reach the additional maximum 30,000 visas made available for returning workers under the H-2B numerical limit (also called a cap) for fiscal year (FY) 2019. USCIS will consider petitions requesting an employment start date on or after Oct. 1, 2019, towards the FY 2020 H-2B cap. Official Website of the Department of Homeland Security, Temporary Increase in H-2B Nonimmigrant Visas for FY 2019, USCIS Response to Coronavirus 2019 (COVID-19), Cap Reached for Additional H-2B Visas for FY 2019, Department of State processing times web page, Conduct a fresh round of recruitment for U.S. workers if Form I-129 is filed 45 or more days after the certified start date of work on the TLC; and.