When Immigration Matters

A Florida judge issued a nationwide temporary injunction preventing the Department of Labor (DOL) from implementing the H-2B Visa program rule. Even though the ruling was issued in Florida, it applies nationwide. Congress has blocked the wage rule until September 30.

The Department of Homeland Security (DHS), in consultation with the Department of State, has identified 58 countries whose nationals are eligible to participate in the H-2A and H-2B Visa programs for the coming year. The notice listing eligible countries . Each country’s designation is valid for one year from the date of publication.

The H-2A Visa and H-2B Visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs and temporary nonagricultural jobs, respectively. USCIS generally may only approve H-2A and H-2B petitions for nationals of countries the Secretary of Department of Homeland Security has designated as eligible to participate in the programs. USCIS may approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the United States.

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today that the Department of Homeland Security (DHS), in consultation with the Department of State, has identified 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.

Today August 25, 2009, U.S. Customs and Border Protection (CBP) announced the postponement of the commencement date of the H-2A and H-2B Temporary Worker Visa Exit Program Pilot, originally set for August 1, 2009. The pilot program will require temporary workers within H-2A and H-2B nonimmigrant classifications that enter the United States at either the port of San Luis, Arizona or the port of Douglas, Arizona, to depart from one of those ports and to submit certain biographical and  biometric information at one of the kiosks established for this purpose. A delay of the commencement date is necessary to ensure that the kiosks are fully operational.  The pilot program will commence December 8, 2009.