H1-B & H2-B Updates

Aggie Hoffman

H-2B: USCIS announced that it has resumed processing all form I-129 H-2B visa petitions. This is in view of the Court Order in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa) which declared that the four tier wage methodology rule of the U.S. Dept of Labor (DOL) in making a prevailing wage determination was not acceptable. Accordingly, DOL has published an Interim Final Rule, making required changes in line with the court’s opinion.

H-1B visas for 2014: On April 1, 2013, the USCIS began accepting visa petitions for fiscal year 2014. On that very first day of filing, some 124,000 petitions were received, exceeding substantially the annual limit of 65,000 visas. Consequently, a lottery had to be held to determine which cases would be adjudicated. Notification was supposed to begin on April 15, but to date the process has been very slow. It is now projected that notification will not be completed until May. Hopefully, that means the beginning of May.

Have a question about how this development could affect your status? Send your question to our Los Angeles offices and one of our specialists will contact you with an answer.
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