USCIS Proposes Changes to H-2B Program

US Citizenship and Immigration Services (USCIS) announced this week in the Federal Register a proposed rule that would significantly change the H-2B program. The H-2B nonimmigrant work visa provides a method for US employers and agents to obtain the services of foreign nationals to fill temporary needs for additional workers. Among other things, the new rule would: 

* Establish a one-step petition process for U.S. employers seeking H-2B temporary workers,
* Require electronic filing of the Petition for Nonimmigrant Worker (Form I-129) in most cases,
* With limited exceptions, eliminate the need for U.S. employers to obtain a labor certification from the Department of Labor, and
* Establish new management tactics. 

Under the proposed one-step process most employers will no longer be required to file for a labor certification from the Labor Department before filing a petition with the Department of Homeland Security. In the future, most employers will file a petition directly with Homeland Security after conducting their recruitment for U.S. workers. 

These regulations are only proposals for public consideration and comment. Existing H-2B regulations and policies remain in force until further notice. The issuance of these proposed regulations does not change the statutory cap of 66,000 H-2B nonimmigrant visas, which are available each fiscal year. The cap for FY 2005 was met on January 3rd. 

The public is invited to submit comments regarding these provisions until February 26, 2005. The entire proposed rule can be read on the Federal Register website at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-1240.htm, along with a companion regulation published by the Department of Labor at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-1222.htm.

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