Last week, U.S. Citizen and Immigration Services (USCIS) released a statement indicating that they had “received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of Fiscal Year (FY) 2016. March 15, 2016 was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2016.”
This means that USCIS will reject any new H-2B petitions that were received after March 15, 2016 and that request an employment start date before April 1, 2016.
As a result of the legislative victory achieved by NALP and its H-2B Workforce Coalition allies, USCIS will continue to accept H-2B petitions for workers identified as “returning workers” who were previously counted against the annual H-2B cap during FYs 2013, 2014, or 2015.
To avoid processing delays, petitioners who are including H-2B returning workers on their petition must complete and include the H-2B Returning Worker Certification and are encouraged to write “H-2B Returning Workers” prominently on the envelope and any cover page. You can find more information about this in the web alert, H-2B Returning Workers Exempted from the H-2B Cap for Fiscal Year 2016.
Unfortunately, for many, the processing delays may be too much to overcome.Nationwide, landscape companies are faced with the difficult prospect of making ends meet without the much needed seasonal guest worker assistance. Some, such as this firm in Harbor Springs Michigan are being forced to shutter their long time businesses as a direct result of the delays.
NALP and its H-2B coalition partners will continue to work diligently on behalf of our members to fix the many problems that still exist within the seasonal guest worker visa program. We have made significant progress in educating Congressional champions on the issue and arming them with information to help them address specific concerns directly to the multiple federal agencies that currently administer the program. We also are striving to find a permanent legislative fix that streamlines the program, makes permanent the returning worker provision, and addresses current departmental overlap and departmental confusion. To learn more and to follow developments, check out the H-2B Workforce Coalition Facebook page. While you are there, don’t forget to like the page.
