Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
The United States Citizen and Immigration Services (USCIS) reported promising news for foreign nonagricultural workers who possess valid, temporary labor certificates and who are seeking a fiscal year 2009 H-2B visa. Due to a decrease in requests, approximately 25,000 visas remain available for 2009, more than one-third of those available under the Congressionally mandated cap. Therefore, USCIS has reopened the filing period.
The H-2B nonimmigrant program permits employers to hire foreign workers to come temporarily to the U.S. and perform temporary nonagricultural services or labor on a one-time, seasonal, peak load or intermittent basis.
To obtain a fiscal year 2009 H-2B Visa, Form I-129 (PDF) petitions must be received and approved by USCIS before October 1, 2009. Because the average processing time is two months, it is unlikely that regularly submitted petitions would be approved before the October 1 deadline, so USCIS is recommending that petitioners use its premium processing service which has an average processing time of 15 calendar days.
Petitions for a fiscal year 2009 H-2B visa must include the following:
- A mark in red ink that the petition requests a 2009 fiscal year start date.
- An employment start date before October 1, 2009.
- A valid, temporary labor certificate issued by the U.S. Department of Labor indicating a fiscal year 2009 employment start date that is valid for the entire period of requested employment.
- NOTE: The U.S. Department of Labor advises employers to file temporary labor certificate requests at least 60 days before the need for the employee. If a certificate is not presently possessed, it would appear unlikely, even if using premium processing, that one could be obtained in time to submit with a fiscal year 2009 H-2B petition.
Petitions requesting an employment start date before October 1, 2009 that are received on or after October 1, 2009, or petitions that are incomplete, will not be approved. Petitions requesting an employment start date on or after October 1, 2009 will be considered for a fiscal year 2010 H-2B visa.