Category Archives: H-1B Visa Registration

DHS ANNOUNCEMENTS

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On Nov. 08, 2023, The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. See here https://www.uscis.gov/newsroom/alerts/dhs-announces-countries-eligible-for-h-2a-and-h-2b-visa-programs-1.

On Nov. 16, 2023, the Department of Homeland Security (DHS), through the U.S. Citizenship and Immigration Services (USCIS), and the Department of Labor (DOL) published a temporary final rule making available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2024, on top of the statutory cap of 66,000 H-2B visas that are available each fiscal year. American businesses in industries such as hospitality and tourism, landscaping, seafood processing, and more turn to seasonal and other temporary workers in the H-2B program to help them meet demand from consumers. See https://www.uscis.gov/newsroom/news-releases/uscis-announces-availability-of-additional-h-2b-visas-for-fiscal-year-2024.

What do these announcements mean? They mean more opportunities for foreign workers to come to the United States for temporary agricultural and non-agricultural employment. If you are interested in participating in these programs, be sure to check the list of eligible countries and start the application process. This is a great opportunity for both employers and foreign workers to fill important roles and support various industries in the United States.

DEPARTMENT OF LABOR ANNOUNCES NEW ACTIONS IN WHITE HOUSE TASK FORCE REPORT TO PROTECT MIGRANT, US WORKERS AGAINST EMPLOYER EXPLOITATION

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On October 19, 2023, the White House H-2B Worker Protection Taskforce report, the U.S. Department of Labor joined the Department of Homeland Security, Department of State and U.S. Agency for International Development to announce new efforts to strengthen protections for workers in the H-2B program, who are vulnerable to exploitation by their employers.

Each agency involved in the task force is committed to key actions aimed at improving the safety and security of all workers under the H-2B program and ensuring American workers are not disadvantaged when employers use the visa program. These actions include better protecting workers engaged in labor disputes, addressing exploitation during recruitment, sharing resources with workers to inform them of their rights, enhancing data sharing and participating in a new working group dedicated to H-2 workers’ rights.

The announcement is part of the Biden-Harris administration’s whole-of-government approach to ensuring our most vulnerable workers know their rights, are protected from abuse at the hands of their employers and can advocate for themselves at work.

“The H-2B program has been plagued by worker exploitation for too long,” said Acting Secretary of Labor Julie Su. “The Biden-Harris administration is committed to protecting H2-B workers from abuse and with this report, we’re taking a whole-of-government approach to protecting these vulnerable workers, which will also help ensure they are not used to undercut labor standards for domestic workers. We look forward to working with our sister agencies across the federal government to implement these recommendations and work towards better protecting every worker in America.”

The White House Taskforce report announces more than a dozen action items to be taken across the federal government to advance protections for H-2B and, in select cases, H-2A workers. Partnering with the White House, Department of Homeland Security, Department of State and U.S. Agency for International Development, the Department of Labor will:

1. Reduce workers’ vulnerability to exploitation from labor recruiters and employers by using enhanced information collection from other agencies, making it easier to prevent and enforce against exploitation by recruiters.
2. Empower workers by identifying and developing resources designed to provide workers with information about their rights under H-2 programs and disseminating information widely, including through MigrantWorker.gov and through additional task force agency channels.
3. Leverage existing data to increase transparency and reduce the vulnerability of H-2 workers through interagency data sharing, which will improve outreach and streamline responses to labor law violations.
4. Participate in a new interagency H-2 Worker Protection Working Group to guide the implementation of deliverables described in the task force report.
Read the interagency report and learn more about the H-2B Worker Protection Taskforce.

Agency Employment and Training Administration
Date October 19, 2023
Release Number 23-2256-NAT

Automatic Employment Authorization Document (EAD) Extension

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Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or EADs while their application is pending. You qualify for this extension if you:

  • Properly filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired, and
  • Are otherwise eligible for a renewal, which means that:
    • Your renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and
    • The Category on your current EAD matches the “Class Requested” listed on your Form I-797C Notice of Action, Receipt Notice. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status (including E-1S, E-2S, E-3S, and L-2S class of admission codes) must accompany Form I-797C when presenting proof of employment authorization to an employer for Form I-9, Employment Eligibility Verification, purposes).

Automatic Extension Time Period—Temporary Increase to up to 540 Days

Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. However, DHS has published a temporary final rule increasing the extension period. Effective May 4, 2022, DHS is temporarily increasing the extension period and providing up to 360 days of the additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. This temporary increase is available to eligible renewal applicants with pending applications if you filed your Form I-765 renewal application either:

  • Before May 4, 2022, and your 180-day automatic extension has since expired;
  • Before May 4, 2022, and your 180-day automatic extension has not yet expired; or
  • Between May 4, 2022, and Oct. 26, 2023, inclusive of these dates.

If you file your Form I-765 renewal application after Oct. 26, 2023, the normal 180-day automatic extension period will apply.

Proof of an Automatic Extension

The automatic extension period, including the temporary increase to the extension period, is provided to certain renewal applicants to help prevent gaps in employment authorization and documentation.

If you file a Form I-765 renewal application on or after May 4, 2022, USCIS will send you a Form I-797C Notice of Action receipt notice that has information regarding the up to 540-day automatic extension. If you are eligible for the automatic extension, this receipt notice, together with your expired EAD (and your unexpired Form I-94, if you are an H-4, E, or L-2 dependent spouse, including E-1S, E-2S, E-3S, and L-2S class of admission codes) will serve as acceptable proof of employment authorization and/or EAD validity during the up to 540-day automatic extension period.

If you filed a Form I-765 renewal application before May 4, 2022, you should have received a Form I-797C Notice of Action receipt notice that describes the automatic extension period of up to 180 days. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. However, Form I-797C receipt notices that refer to an up to 180-day automatic extension will still meet the regulatory requirements for completing Form I-9, including if your 180-day automatic extension expired prior to May 4, 2022.

For information about automatic extension of Employment Authorization, contact our office at (212)258-0713.

Foreign Nurse Visas

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  • U.S. hospitals seek foreign nurses amid visa windfall. Since the pandemic, American hospitals have been facing a shortage of nurses, leading many hospitals looking abroad for healthcare workers. The U.S. has an unusually high number of green cards available this year for foreign professionals, including nurses. The burnout from working during the pandemic has led many U.S. nurses to retire or leave their jobs. The high number of covid-19 cases has also placed tremendous pressure on the healthcare system. USCIS said it would quicken the renewal of work permits for health care workers, which could help keep some foreign citizens in the U.S. on the job. Last year, the State Department told consulates to prioritize applications for workers at facilities that respond to the pandemic.

    As a Foreign Nurse, Can I Work in the U.S. Temporarily?

    If you are a foreign nurse and want to work in the U.S. on a temporary basis (without receiving a U.S. green card), you might be able to obtain an H-1B visa. An H-1B is a popular temporary work visa for foreign nationals who have a job offer from a U.S. employer to work in a “specialty occupation.”

    Can I Obtain a U.S. Green Card as a Foreign Nurse?

    Your U.S. employer might also be willing to sponsor you for a green card. The employer must first offer you a full-time, permanent nurse position. Second, your employer must complete a process known as “labor certification” on your behalf (more commonly referred to as PERM). Now, you might have heard a lot about the PERM/labor certification process, with all its advertising requirements, but this process is completely different (and easier) for nurse positions.

    A nurse position is classified as a “Schedule A” position. Schedule A positions are ones that the U.S. government has recognized the U.S. needs more workers to fill. Therefore, employers are not required to post advertisements for Schedule A positions (a usual PERM requirement), because the U.S. government already knows there is a shortage of workers in these positions.

    For additional information on how to obtain a Foreign Nurse Visa, call Law Offices of Norka M. Schell, LLC at (212)258-0713.

H-1B, L-1A and L-1B TEMPORARY WORK VISAS

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U.S. Businesses rely on their ability to employ foreign nationals to compete efficiently in today’s global market. Particularly critical in this regard are the H-1B program, which permits U. S. employers to retain the temporary services of foreign professionals, and L-1 transfer managers, executives, and other employees with “Specialized Knowledge” from a foreign office to a branch office, subsidiary, or affiliate in the United States. Both of these programs permit U.S. employers to hire high-skilled foreign employees for discrete periods and, necessary, to extend their terms of employment.

Foreign nationals may remain in the United States in H-1B status for up to six years, and in L-1A and L-1B status for up to seven and five years, respectively.

Note that, federal regulations mandate that no H-1B, L-1A or L-1B petition can be approved for longer than three years. So, many U.S. employers file extension requests to enable these employees to fulfill their responsibilities.

For additional information on H-1B, L-1A, and L-1B temporary work visas, contact the Law Offices of Norka M. Schell, LLC at (212) 258-0713 to speak with our attorney.

H-1B Visa Registration

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USCIS Implements $10 Fee for H-1B Visa Registration
Release Date: 
The H-1B visa is one of the most critical U.S. work visas as it allows certain professionals performing in a specialty occupation to obtain a 3-year work visa that can be renewed up to six years. The U.S. Citizenship and Immigration Service (USCIS) approves 85,000 cap-subject H-1B visa petitions annually, with 20,000 reserved for U.S. master’s degree positions and 65,000 for bachelor degree positions.
U.S. Citizenship and Immigration Services today announced a final rule that will require a $10 non-refundable fee for each H-1B registration submitted by petitioning employers, once it implements the electronic registration system. The registration fee is part of an agency-wide effort to modernize and more efficiently process applications to live or work in the United States.

The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.

Upon implementation of the electronic registration system, petitioners seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, will first have to electronically register with USCIS during a designated registration period, unless the requirement is suspended.

“This effort will help implement a more efficient and effective H-1B cap selection process,” said USCIS Acting Director Ken Cuccinelli. “The electronic registration system is part of an agency-wide initiative to modernize our immigration system while deterring fraud, improving vetting procedures and strengthening program integrity.”

The final rule, Registration Fee Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens, is effective Dec. 9, 2019, and the fee will be required when registrations are submitted. USCIS is fee-funded, and this non-refundable fee will support the new electronic registration system to make the H-1B cap selection process more efficient for both petitioners and the agency.

USCIS is slated to implement the registration process for the fiscal year 2021 H-1B cap selection process, pending completed testing of the system. The agency will announce the implementation timeframe and initial registration period in the Federal Register once a formal decision has been made, and USCIS will offer ample notice to the public in advance of implementing the registration requirement.

USCIS published a notice of proposed rulemaking highlighting a registration fee on Sept. 4, 2019, which included a 30-day public comment period. USCIS received only 22 comments during that time, and has considered all submissions and offered public responses ahead of announcing the final rule, which is effective on Dec. 9.