Immigration News Briefs
Requirements for H-2B Returning Workers
The H-2B classification applies to aliens who are visiting the United States to perform nonagricultural services or labor of a temporary or seasonal nature, if qualified persons capable of performing this work cannot be found in the United States. This classification requires a temporary labor certification from the Department of Labor (DOL) and an approved I-129 petition from U.S. Citizenship and Immigration Services (USCIS).
To qualify as an H-2B returning worker, the petitioner requesting a returning worker must certify to USCIS in the petition filing that the worker named on the company's I-129 was previously counted toward the numerical limit in one of the previous three fiscal years (FY 2013, FY 2014, or FY 2015). In order to be certified as a returning worker by USCIS, a worker must appear as a named beneficiary of an approved I-129 petition. Consular officers overseas must certify that the worker was issued an H-2B visa during one of these three fiscal year.
Processing Certain Form I-918 Cases (U Visa)
In July, the Nebraska Service Center (NSC) will begin processing cases involving Form I-918, Petition for U Nonimmigrant Status. Sharing this workload with the Vermont Service Center (VSC) will balance workloads between centers and provide flexibility as USCIS works towards improving processing times, efficiency, and customer service to this victim population.
USCIS will implement the transition in phases, which will allow NSC officers to receive specialized training and mentoring from VSC officers who currently adjudicate U nonimmigrant petitions and gain experience in adjudicating the U nonimmigrant petitions before they begin processing these cases.
The filing location and instructions for these forms will not change at this time. If USCIS transfers a case, USCIS will send a transfer notice. The original receipt number will not change, and the transfer will not delay the processing of any case.
APPLICATION FINAL ACTION DATES FOR July 2016
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
15Jan09 |
15Jan09 |
|
2A |
08Nov14 |
08Nov14 |
|
2B |
22Oct09 |
22Oct09 |
|
3rd |
01Dec04 |
01Dec04 |
|
4th |
01Jan01 |
08Aug03 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
Current |
Current |
|
2nd |
01Oct04 |
Current |
|
3rd |
22Sep04 |
15Feb16 |
|
Other |
22Sep04 |
15Feb16 |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
DATES FOR FILING VISA APPLICATIONS - July 2016
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
01Oct09 |
01Oct09 |
|
2A |
15Oct15 |
15Oct15 |
|
2B |
15Dec10 |
15Dec10 |
|
3rd |
01Aug05 |
01Aug05 |
|
4th |
01May04 |
01May04 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
Current |
Current |
|
2nd |
01Jul09 |
Current |
|
3rd |
01Jul05 |
Current |
|
Other |
01Jul05 |
Current |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
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