Oct
11

New Rules, More Planning - the need to act now for H-2Bs in 2016

H-2B Temporary Visas Changes Make Now the Time to Act

Employers can seek to hire foreign nationals from certain countries to perform nonagricultural labor of services in the United States through the H-2B program.  H-2B visas can be issued for both skilled and unskilled labor in the United States, although H-2B visas are more typically issued for the landscaping, construction, and tourism and hospitality industries. 

In April 2015, the Department of Labor (DOL) and Department Homeland Security published new regulations that made many changes to the H-2B program.  These changes make

  • Nov
    29

    The Investment Subsidiary and the E visa

    It is well known that citizens of certain countries may enter the United States to establish a trade relationship with their home country or to invest in the United States.  Few people, however, know that companies can establish the same relationship as the individual investor.  This novelty in the law allows for some very flexible opportunities and creates the capacity to move personnel quickly from abroad into the United States.

    The E visa has two categories: the E-1 visa for treaty traders and E-2 visa for treaty investors.  Both are temporary, nonimmigrant visas for individual or...

    May
    1

    Is Hope on the Horizon for H-2B Employers? Congress Is on the Verge of Passing Cap Relief.

    The most recent budget bill thankfully includes limited visa cap relief for the H-2B category.  

    Assuming the budget bill passes this week, the Department of Homeland Security will be able to increase the number of H-2B visas to 129,547.   The Department of Homeland Security will need to confer with the Secretary of the Department of Labor to confirm there is an economic need for the increase in visa numbers.    Given the demand for the visas and the clear shortfall that already exists, there is significant pressure on the administration to help businesses that depend on temporary...