H-2B Employer Data Hub Launched by USCIS to Promote Transparency : Immigration Law Blog

On June 23, 2021, the U.S. Citizenship and Immigration Providers (“USCIS”) launched the H-2B knowledge hub, which offers info to the general public on employers or brokers petitioning for H-2B staff. A press launch famous that that is an effort to extend transparency in employment-based visa applications.

H-2B Knowledge Hub

The information hub will permit the general public to seek for H-2B petitioners by cap fiscal 12 months since 2015. All details about an employer, such because the title, tackle, occupation, business, cap fiscal 12 months, and hourly wage, is included. The data will allow the general public to calculate the approval and denial charges of the employers who’re utilizing this system.

USCIS will present downloadable annual releases of the information and replace the information hub on a quarterly foundation. USCIS additionally introduced that as a result of FY 2021 H-2B has a supplemental cap in place, details about the cap shall be out there by September 2021.

The employer knowledge hub initiative was fast to obtain appreciation amongst practitioners. “That is an effort to be clear,” Kimberly Clarke, associate and immigration legal professional at Varnum, acknowledged. “There are a whole lot of calls on the federal government from a whole lot of completely different instructions to be clear on what they’re doing with immigration petitions. In response to that, they determined to place that info out as a result of H-2B is a kind of classes that’s capped. From the petitioner’s facet of issues, we don’t know what’s filed. The federal government immigration (service) is aware of what’s filed, however we simply know that they run out of numbers. We need to be certain that from a petitioner’s perspective that every one the numbers which are out there are getting used.”

H-2B Visa Cap

A cap of 66,000 H-2B visas is issued in a fiscal 12 months; amongst these, 33,000 are issued for staff who start employment within the first half of the fiscal 12 months, October 1 – March 31. If the visas should not used within the first half of the fiscal 12 months, the unused visas can be utilized by employers within the second half.

The nationwide unemployment fee has declined by greater than half since final 12 months. In line with the united statesBureau of Labor Statistics, the nationwide unemployment fee in June was 5.9 %, down from January’s 6.3 %. In April of 2020, the unemployment fee was at 14.7 %.

Earlier than an employer petitions for a international employee below the H-2B visa, they need to present proof of diligent efforts taken to make use of American staff. Solely then can they petition for international nationals to enter america.

Lack of American Staff to Do Seasonal Jobs

Entrepreneurs report that they’re compelled to rent international staff for seasonal jobs as a result of they can’t discover laborers of their area people. In line with a Enterprise Journal report printed final 12 months, Callewaert, a enterprise entrepreneur, has been hiring immigrants with the H-2B visa for the previous 25 years to do seasonal jobs. He stated that roughly 500 folks dwell on Mackinac Island, Michigan, and roughly 10,000 within the surrounding space. Because of the restricted inhabitants, Callewaert is compelled to attract extra folks by way of the H-2B program. “About 12% of our employees are international nationals and the remainder are American staff,” stated Callewaert.

To study extra about this weblog put up or when you have another immigration issues, please be at liberty to contact me at rglahoud@norris-law.com or (484) 544-0022.