Mar
10

Certain H-4 Dependents Now Eligible for Work Permits as of 05/26/2015

One of President Obama’s executive actions announced in November 2014 was to amend its regulations to extend work authorization to certain H-4 dependent spouses in an effort to improve the U.S. immigration system and provide greater economic stability to affected families.  USCIS announced last month that it will begin accepting employment authorization applications for eligible H-4 spouses on Tuesday, May 26, 2015. 

It is important to note that the eligible H-4 derivative applicants are limited to the following individuals who are:

dependent H-4 spouses of H-1B nonimmigrants who are...
Mar
10

Florida Court Stops DOL From Applying H-2B Regulations, Which Means DOL Cannot Process Prevailing Wage Determinations for H-2B Requests

In a decision dated March 4, 2015, a federal district court in Florida found that the Department of Labor did not have authority to issue its regulations in 2008, which direct the agency how to process prevailing wage requests and labor certifications, among other things.  The result of the court’s decision is that the DOL can no longer process requests for prevailing wage determinations or applications for foreign labor certification in the H-2B program pursuant the regulations.  The DOL has indicated that it is considering its options in light of the court‘s decision.

Mar
10

H-2B Cap Reached for 1st Half of Fiscal Year 2015

H-2B visas are temporary, non-agricultural visas that are issued to workers in a variety of fields, including construction, landscaping, and tourism.  There is a numerical limit (cap) of 66,000 on the total number of H-2B visas that may be issued during a fiscal year, which is from October 1 to September 30.  The fiscal numbers are divided in half for H-2B visas, with 33,000 being allocated for employment beginning the first half of the fiscal year (October 1 to March 31) and the remaining amount (33,000) allocated for work beginning the second half of the fiscal year from April 1 to...