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Posted on: June 29th, 2018
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USCIS Announces Completion of Lottery for Temporary H-2B Cap Increase in FY 2018

Beginning May 31, 2018, United States Citizenship and Immigration Services (USCIS) initiated receiving H-2B petitions under the temporary final rule increasing the overall total of H-2B nonimmigration visas by a possible 15,000 additional visas through the end of fiscal year 2018. These additional visas are exclusively available to American businesses which must attest to the irreparable harm that will befall them if they do not have the ability to employ all the H-2B workers requested in their petitions.

There was an immediate influx after the announcement; within the first five business days, USCIS received more petitions for beneficiaries than the total available H-2B visas under the fiscal year 2018 supplemental cap. On June 7, USCIS utilized a computer-generated selection process, commonly referred to as the lottery, to randomly decide which petitions are selected without exceeding the increased cap. On June 11, USCIS began issuing notifications to selected petitioners. Any unselected petitions will be returned, with filing fees, along with any cap-subject petitions it received after June 6.

USCIS will continue accepting petitions that are not subject to the cap, including the following:

  • current H-2 B workers in the United States seeking an extended stay and, if applicable, alter the terms of their employment or change employers,
  •  fish roe processors, technicians, or supervisors, and
  • Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam until December 31, 2019.

For more information, view the USCIS announcement, or the cap count for H-2B nonimmigrants.

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USCIS Updates Numerous Forms

United States Citizenship and Immigration Services has released revised versions of a number of its forms and has provided information regarding when the new version will go into effect and how long the older versions will continue to be accepted. Below is a list of the updated forms and the pertinent changes made to them.

Form I-910, Application for Civil Surgeon Designation; New Edition Dated 05/29/18

The new edition is dated 05/29/18. Beginning 08/14/2018, USCIS will exclusively accept the edition dated 05/29/18. Until that date, USCIS will continue to accept the 12/23/16 edition.

Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act

The new edition is dated 05/16/18. Beginning 07/24/2018, USCIS will exclusively accept the edition dated 05/16/18. Until that date, USCIS will continue to accept the 12/23/16 edition.

Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker

The new edition is dated 05/09/18. Beginning 07/24/2018, USCIS will exclusively accept the edition dated 05/09/18. Until that date, USCIS will continue to accept the 12/11/17 edition.

Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal

The new edition is dated 04/27/18. Beginning 07/06/2018, USCIS will exclusively accept the edition dated 04/27/2018. Until that date, USCIS will continue to accept the 10/19/17 edition.

Form I-821, Application for Temporary Protected Status

The new edition is dated 04/11/18. Beginning 06/25/2018, USCIS will exclusively accept the edition dated 04/11/18. Until that date, USCIS will continue to accept the 10/19/17 edition.

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

The new edition is dated 04/12/18. Beginning 06/19/2018, USCIS will exclusively accept the edition dated 04/12/18. Until that date, USCIS will accept only the 04/12/18 and 12/23/16 editions.

Form I-907, Request for Premium Processing Service

The new edition is dated 04/11/18. Beginning 06/18/2018, USCIS will exclusively accept the edition dated 04/11/18. Until that date, USCIS will continue to accept the 12/11/15 and 01/29/15 editions.

Form G-325A, Biographic Information (for Deferred Action)

The new edition is dated 03/29/18. Beginning 06/11/2018, USCIS exclusively accepts the edition dated 03/29/18.

For more information, view the USCIS updated forms page.

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