Flexibility for H2B Petitioners to Support the U.S. Food Supply Chain

 

On May 12, 2020, the United States Citizenship and Immigration Services (USCIS) announced that it had published a temporary final rule to change certain H2B requirements to help support the U.S. food-supply chain [PDF version]. This rule comes in the midst of the ongoing coronavirus (COVID-19) outbreak in the United States. You may read the final rule here [PDF version].

The USCIS explains that the rule applies only to certain aliens in the United States who are currently in valid H2B nonimmigrant status. It does not raise the congressionally mandated H2B cap of 66,000 for the remainder of fiscal year 2020.

In normal H2B petitions, the petitioning employer must demonstrate that there is not a sufficient supply of U.S. workers who will be available at the given time and place to perform the services set forth in the H2B petition. Furthermore, the petitioner must demonstrate that the employment of the alien beneficiaries will not adversely affect the wages and working conditions of similarly-situated U.S. citizens and permanent residents.

The final rule will give petitioners additional flexibility for employing current H2B workers in positions essential to the U.S. food-supply chain.

First, the rule will allow H2B employers to employ an H2B nonimmigrant physically present in the U.S. while the employer's H2B petition on behalf of that H2B nonimmigrant remains pending. This special provision only applies if the petitioner attests that the H2B worker will perform temporary services or labor that is essential to the U.S. food supply chain. This temporary employment authorization will also last for only 60 days.

Second, the rule allows current H2B workers who are working in positions that are essential to the U.S. food supply chain to remain in the United States beyond the three-year maximum allowable period of stay. This flexibility applies both to petitions filed by the H2B alien's current employer and by a potential new employer. Again, this additional flexibility applies only in cases where the petitioner attests that the H2B worker will perform temporary services or labor that is essential to the U.S. food supply chain.

The USCIS explains that “petitioner seeking the flexibilities under this temporary final rule will be required to submit an attestation, swearing under penalty of perjury, that the H-2B worker(s) will be performing temporary nonagricultural services or labor or that is essential to the U.S. food supply chain.”

The temporary rule took effect immediately on May 12, 2020.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

New CW1 Rule Implementing the Northern Mariana Islands U.S. Workforce Act

 

Introduction

On May 14, 2020, the United States Citizenship and Immigration Services (USCIS) published an interim final rule implementing the Northern Mariana Islands U.S. Workforce Act of 2018 [PDF version]. You may read the new rule here [PDF version]. The rule affects the CW-1, CNMI-Only Transitional Worker nonimmigrant visa category. As its name indicates, the CW1 category is available only for the purpose of employing certain nonimmigrants in the Commonwealth of the Northern Mariana Islands.

The interim final rule takes effect on June 18, 2020.

Key Points in the Interim Final Rule

The USCIS lists several of the interim final rules key changes to the CW1 program. We will briefly outline them below.

• All CW1 employers will be required to enroll in E-Verify.
• CW1 employers will file a semiannual report to verify the continuing employment and payment of each CW1 worker under the terms and conditions set forth in the corresponding CW1 petition. These reports will be filed on the new Form I-129CWR, Semiannual Report for CW-1 Employers.
• The CW1 semiannual report will be required for all CW1 petitions approved by the USCIS with employment start-dates in FY-2020 for a validity period of six months or more. The rule, however, takes effect on June 18, 2020, after the sixth month of FY 2020. For this reason, the USCIS is offering petitioners who will be required to file the semiannual report a one-time additional 60-day period to come into compliance. Employers with petitions approved with start dates from October 1, 2019, through December 18, 2019, will have until August 17, 2020, to file the Form I-129CWR.
• Going forward, CW1 petitions will have to be filed with an approved temporary labor certification from the U.S. Department of Labor (DOL).
• The rule establishes minimum wage requirements for CW1 employers.
• The rule establishes new procedures for revoking approved CW1 petitions based on the revocation grounds for other nonimmigrants.
• The rule incorporates the definition of a “legitimate business” from the Northern Mariana Islands U.S. Workforce Act.

As provided by the Northern Mariana Islands U.S. Workforce Act., the USCIS will consider comments from the public in crafting a final rule. The public comment period runs through July 13, 2020. Those submitting comments on the form, form instructions, and information collection revisions in the interim final rule must submit comments before June 13, 2020.

We will update the website with more information about the forthcoming final rule when it becomes available.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

USCIS Resuming Premium Processing In Phases Beginning June 1

 

On May 29, 2020, the United States Citizenship and Immigration Services (USCIS) announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Workers, in phases over the next month [PDF version]. Premium processing had been suspended since March 20, 2020, due to the effects of the ongoing coronavirus (COVID-19) situation.

Effective June 1, 2020, the USCIS will accept Form I-907, Request for Premium Processing Service for all eligible Form I-140 petitions.

Effective June 8, 2020, the USCIS will resume premium processing for all non-H1B eligible Form I-129 petitions that are pending adjudication as of June 8. Regarding H1B petitions, the USCIS will accept premium processing requests for those that were filed before June 8, that are pending adjudication, and are cap-exempt.

Effective June 15, 2020, the USCIS will resume premium processing for H1B petitions requesting premium processing by filing the Form I-907 concurrently with the Form I-129, provided that the petition is cap-exempt. This means that petitions filed by cap-exempt employers, on behalf of beneficiaries working at qualifying cap-exempt institutions, or on behalf of beneficiaries who received Conrad or Interested Government Agency waivers will be eligible for premium processing.

Effective June 22, 2020, the USCIS will resume premium processing for all eligible Form I-129 petitions not specified above. This includes all cap-subject H1B petitions and all other eligible petitions requesting premium processing concurrently with the filing of the petition.

We will update the site with more information if the USCIS modifies its plan to resume premium processing. We discuss premium processing for Form I-129 [see article] and for Form I-140 petitions [see article] in separate articles on site.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

USCIS Contact Centers Implement Interactive Voice Response Telephone System

On May 18, 2020, the United States Citizenship and Immigration Services (USCIS) introduced a new interactive voice response telephone system for calls to the USCIS Contact Center [PDF version]. The system, which will be implemented in stages, will apply for English- and Spanish-language calls. The interactive voice response telephone system will allow callers to speak to the phone system instead of selecting options from their keypads, receive links for forms and information through email or text, and participate in real-time surveys.

Because the USCIS Contact Center will be implementing the interactive voice telephone system in stages, only some English- and Spanish-language callers will be directed to it for the time being. The USCIS hopes that once the system is fully operational, it will improve the USCIS Contact Center experience for customers.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com