Additional 35,000 H-2B Visas Available!
The Departments of Homeland Security (DHS) and Labor (DOL) announced a temporary final rule making available an additional 35,000 H-2B temporary nonagricultural worker visas during the second half of fiscal year (FY) 2022. The visas are for U.S. employers seeking to employ additional workers on or after April 1, 2022, through September 30, 2022.
The supplemental H-2B visa allocation consists of 23,500 visas available to returning workers who received an H-2B visa or were otherwise granted H-2B status during one of the last three fiscal years. The remaining 11,500 visas are reserved for nationals of El Salvador, Guatemala, Honduras, and Haiti, regardless of whether they are returning workers. The semiannual cap of 33,000 visas for the second half of FY 2022 was reached on February 25, 2022.
In support of the temporary final rule, the Office of Foreign Labor Certification (OFLC) posted a new Form ETA-9142-B-CAA-6 and accompanying instructions. The TFR requires an employer to attest, among other things, to the fact that it is suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested under the cap increase. This attestation must be submitted to U.S. Citizenship and Immigration Services along with Form I-129 in support of an H-2B application subject to the H-2B cap by September 30, 2022.
Stay tuned for updated information on the latest news regarding work permits and more!
Read below for more of the other immigration news of the day.
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Here is the Immigration News You NEED to Know Now
UP-TO-DATE IMMIGRATION NEWS
Additional 35,000 H-2B Visas Available for Second Half of Fiscal Year– The visas are for U.S. employers seeking to employ additional temporary nonagricultural workers on or after April 1, 2022, through September 30, 2022.
DHS Announces TPS Designation, Registration Process for Afghans – The registration period began on May 20, 2022, and runs through November 20, 2023. USCIS estimates 72,500 individuals currently in the United States may be eligible.
June Visa Bulletin Includes Updates on ‘Other Workers,’ China, Diversity Visa Availability – Among other things, the bulletin notes that high number use in the Employment Third Preference “Other Workers” category has necessitated the establishment of a worldwide final action date in June.
Federal Judge Blocks Effort to End Title 42 Policy at U.S.-Mexico Border– The Department of Justice plans to appeal the decision while enforcing the Title 42 policy pending appeal.
New Publications and Items of Interest
Training on Afghan arrival categories and documentation. The Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) program will present a training on Thursday, December 2, 2021, 1-2 p.m. ET on the immigration documentation that each Afghan arrival category may have and how to use SAVE to verify newly arrived Afghans’ immigration status or parole. Topics will include an overview of Operation Allies Welcome; common Afghan arrival categories and codes; sample documentation; resources; and a question-and-answer session. Registration information “will be forthcoming.”https://www.uscis.gov/save
New E-Verify feature. A new E-Verify feature, myUploads, allows employees to upload required documents in JPEG, PNG, or PDF formats to help resolve Tentative Nonconfirmations (TNCs). Employees can access their my E-Verify accounts by logging into their USCIS online accounts and uploading the requested documents. They can still use fax or mail to submit documents if they prefer. The employer should provide the Further Action Notice (FAN) to the affected employee, discuss the TNC privately with the employee, and allow the employee to decide whether he or she will contest the TNC. The FAN includes the steps for using myUploads to help resolve a DHS TNC. Once uploaded, the employee must call the number on the FAN to resolve the case.https://myeverify.uscis.gov/
New SAVE features. Systematic Alien Verification for Entitlements (SAVE) is enhancing its case search capabilities, including improved usability through a search bar and other features, and a more robust case search engine. SAVE will notify users by email at least three weeks before the go-live date for enhancements.https://save.uscis.gov/web/
Helpful Links:
- Coronavirus.gov: Primary federal site for general coronavirus information
- USA.gov/coronavirus: Catalog of U.S. government’s response to coronavirus
- CDC.gov/coronavirus: Centers for Disease Control and Prevention information
- American Immigration Lawyers Association: https://www.aila.org/advo-
media/issues/all/covid-19 (links to practice alerts on this site are restricted to members) - NAFSA: https://www.nafsa.org/
regulatory-information/ coronavirus-critical-resources
Immigration Agency Information
Department of Homeland Security:DHS.gov/coronavirus
- https://www.dhs.gov/
coronavirus-news-updates - https://www.dhs.gov/news/2020/
03/17/fact-sheet-dhs-notice- arrival-restrictions-china- iran-and-certain-countries- europe
USCIS: USCIS.gov/coronavirus
ICE:
- Overview and FAQs: https://www.ice.gov/
coronavirus - Requirements for ICE Detention Facilities: https://www.ice.gov/doclib/
coronavirus/eroCOVID19response - ReqsCleanFacilities.pdf
CBP:
- Updates and Announcements:https://www.cbp.gov/newsroom/
coronavirus - Accessing I-94 Information: https://i94.cbp.dhs.gov/I94/#/
home
Department of Labor:
- Office of Foreign Labor Certification:
- OFLC Announcements (COVID-19 announcements included here): https://www.foreignlaborcert.
doleta.gov/ - COVID-19 FAQs:
- § Round 1 (Mar. 20, 2020): https://www.foreignlaborcert.
doleta.gov/pdf/DOL-OFLC_COVID- 19_FAQs_Round%201_03.20.2020. pdf - § Round 2 (Apr. 1, 2020): https://www.foreignlaborcert.
doleta.gov/pdf/DOL-OFLC_COVID- 19_FAQs_Round%202_04.01.2020. pdf - § Round 3 (Apr. 9, 2020): https://www.foreignlaborcert.
doleta.gov/pdf/DOL-OFLC_COVID- 19_FAQs_Round%203.pdf
State Department:https://www.state.gov/
- Travel advisories: https://travel.state.gov/
content/travel/en/ traveladvisories/ea/covid-19- information.html - Country-specific information: https://travel.state.gov/
content/travel/en/ traveladvisories/COVID-19- Country-Specific-Information. html - J-1 exchange visitor information: https://j1visa.state.gov/
covid-19/
Justice Department
- Executive Office for Immigration Review: https://www.justice.gov/eoir/
eoir-operational-status- during-coronavirus-pandemic
Agency Twitter Accounts
- EOIR: @DOJ_EOIR
- ICE: @ICEgov
- Study in the States: @StudyinStates
- USCIS: @USCIS
Immigrant and employee rights webinars. The Department of Justice’s Immigrant and Employee Rights Section (IER), of the Civil Rights Division, is offering a number of free webinars for workers, employers, and advocates. For more information, see https://www.justice.gov/crt/
E-Verify webinar schedule. E-Verify has released its calendar of webinars at https://www.e-verify.gov/
For Details on these and other topics, click www.immigration.net!
Government Agency Links
Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:
USCIS Service Center processing times online: https://egov.uscis.gov/
Department of State Visa Bulletin:
https://travel.state.gov/
Visa application wait times for any post:https://travel.state.gov/
Kuck Baxter Immigration — In The News
Charles Kuck was quoted in a terrific article from the student paper of his alma mater, Brigham Young University. https://universe.byu.edu/2022/
Charles Kuck and Associate Attorney Emily Lund discussed the firm’s strategy in a new case in an article entitled, “Anna Sorokin fired her lawyer and hired a new team just as a court let her stay in the US a little longer” with the Insider.https://www.insider.com/anna-
Charles Kuck was quoted in Axios for his perspective on the latest twist and turns in Georgia politics.
https://www.axios.com/local/
Charles Kuck was interviewed by Daily Mail discussing the case of client, 21 Savage.
Charles Kuck was quoted in the Atlanta Journal-Constitution regarding the use of electronic monitoring by ICE
Charles Kuck’s article Commentary: Congress Should Grant Temporary Protected Status to All Ukrainians, Washington is failing the Ukrainians just as it has failed Afghans seeking asylum in the U.S. last year was published by Global Atlanta. https://www.globalatlanta.com/
Charles Kuck was quoted in an article entitled “Feds Can’t Nix Suit Over Manila Embassy’s Fiancé Visa Delays” discussing his representation of the couples and their suit against the U.S. Department of State. https://www.law360.com/
Charles Kuck authored an article entitled “COVID-19 Continues to Cause Havoc in the U.S. Immigration System.” published in the Immigration Law Expert Guide.
Charles Kuck was quoted in an article with Law 360 entitled “State Dept.’s Sluggish Diversity Visa Progress Sparks Outcry” https://www.law360.com/
Charles Kuck was quoted in an article in the Atlanta Journal-Constitution entitled “Detained Migrants Bail Bonds are higher in Georgia” https://www.ajc.com/news/a-
Charles Kuck traveled to Peru in November and while there was interviewed by national media. One of those interviews can be watched here: https://www.youtube.com/watch?
Charles Kuck’s opinion statement entitled “Action needed in Ga. and Congress on immigration relief” was published by the Atlanta Journal-Constitution https://
Kuck Baxter Immigration LLC published its US legal guide for Corporate Immigration. It can be found at https://iclg.com/practice-
We have changed the location of our podcast–The Immigration Hour— to Stitcher. We are entering our 13th year of continuous broadcasts. Listen each week for our latest take on immigration and immigration law!
You can follow us on Twitter @KuckBaxter or @CKuck
You can also get constantly updated news on our Facebook page.
Feel free to reach out with any questions or for help in your immigration case at 404-816-8611 or [email protected].
