USCIS Publishes Updated H-2B Visa Numbers – Oct. 19, 2012

On October 19, 2012, USCIS provided an update of the amount of cap-subject H-2B visas received and approved by the federal agency for the first half of Fiscal Year 2013. According to USCIS, a total of 5,314 beneficiaries have been approved for the first of Fiscal Year 2013, with an additional 948 petitions pending. On September 28, 2012, USCIS provided an update of the amount of cap-subject H-2B visas received and approved by the agency for the second half of Fiscal Year 2012. A total of 28,159 beneficiaries have been approved for the second half of Fiscal Year 2012, with an additional 1,096 petitions pending.

Congressionally-based legislation limits the amount of H-2B visas provided per fiscal year to a total of 66,000, with 33,000 allocated for employment for the first half of the fiscal year and 33,000 allocated for employment for the second half of the fiscal year. Unused numbers from the first half of the fiscal year are made available for use by employers seeking H-2B workers during the second half of the year. These numbers do not, however, carry over from one fiscal year to another. A total of 36,609 beneficiaries were approved for the first half of Fiscal Year 2012. USCIS was targeting 45,000 beneficiaries for that time period.

Taiwan Designated for Participation in the Visa Waiver Program

On October 2, 2012, the Secretary of Homeland Security, in consultation with the Secretary of State, designated Taiwan for participation in the Visa Waiver Program (VWP). This designation will enable eligible citizens, nationals and passport holders from Taiwan to apply for admission to the United States at a U.S. port of entry as a nonimmigrant alien. Individuals participating in VWP, who are otherwise eligible for admission, will be able to enter the U.S. for a period of ninety days or less for business or pleasure without having to first obtain a nonimmigrant visa.

The addition of Taiwan to the Visa Waiver Program will take effect on November 1, 2012, when a rule is published in the Federal Register updating the list of countries designated for participation in the program.

USCIS Publishes Updated H-2B Visa Numbers – Sept. 28, 2012

On September 28, 2012, USCIS provided an update of the amount of cap-subject H-2B visas received and approved by the federal agency for the second half of Fiscal Year 2012. According to USCIS, a total of 28,159 beneficiaries have been approved for the second half of Fiscal Year 2012, with an additional 1,096 petitions pending. USCIS is targeting a total of 51,000 cap-subject H-2B petitions for the second half of Fiscal Year 2012.

Congressionally-based legislation limits the amount of H-2B visas provided per fiscal year to a total of 66,000, with 33,000 allocated for employment for the first half of the fiscal year and 33,000 allocated for employment for the second half of the fiscal year. Unused numbers from the first half of the fiscal year are made available for use by employers seeking H-2B workers during the second half of the year. These numbers do not, however, carry over from one fiscal year to another. A total of 36,609 beneficiaries were approved for the first half of Fiscal Year 2012. USCIS was targeting 45,000 beneficiaries for that time period.

Presidential Notice Allots 70,000 Refugee Numbers for Fiscal Year 2013

President Obama has made an official declaration to authorize the admission of up to 70,000 refugees to the United States during Fiscal Year 2013, when justified by humanitarian concerns or otherwise in the national interest. According to the published memorandum, this total number shall be allocated among refugees of special humanitarian concern to the U.S. in accordance with specified regional allocations.

Africa: 12,000
East Asia: 17,000
Europe and Central Asia: 2,000
Latin America/Caribbean: 5,000
Near East/South Asia: 31,000

An additional 3,000 refugee numbers have been unallocated and shall be allocated to regional limits, as needed.

Napolitano Says “Family Relationships” Includes Long-Term, Same-Sex Partners

In a recent communication with Representative Pelosi (D-CA), Janet Napolitano, Secretary of Homeland Security, clarified how Immigration and Customs Enforcement (ICE) will define “family relationships” when considering whether or not to make enforcement decisions. ICE personnel, according to Napolitano, are given the ability to exercise prosecutorial discretion as appropriate when apprehending, detaining and removing aliens. ICE personnel, according to Napolitano, should consider the “totality of circumstances presented in individual cases, including whether an individual has close family ties to the United States.”

In her letter to Representative Pelosi, Napolitano states that she has directed ICE to disseminate written guidance to its field agents that the phrase “family relationships” should include long-term, same-sex partners. “Family Relationships”, Napolitano asserts, is a factor that is weighed on an individual basis when choosing the best prosecutorial strategy for the individual under consideration.

Electronic Filing of Labor Certification Applications for H-2A and H-2B Visas to Start this Fall

The Employment and Training Administration (ETA) has announced that it will implement electronic filing for the submission of temporary labor certification applications that are part of the H-2A and H-2B visa programs through the iCERT Visa Portal System. This new electronic filing system, run by the Department of Labor, will enhance the accessibility and quality fo labor certification services and reduce the reporting burden on small employers, commented the Department of Labor.

Employers or their authorized representatives will be able to submit H-2B applications electronically starting October 15, 2012 and H-2A applications starting December 10, 2012, at http://icert.doleta.gov. Employers who choose to not use this electronic filing option are guided to continue to file their H-2A and H-2B applications using the standard paper-based filing method.

Bill to Extend EB-5, E-Verify, J-1 and Religious Worker Programs Signed Into Law

A bill was introduced in the Senate by Sen. Leahy (D-VT) in May 2012 to extend the EB-5 Regional Center program, the E-Verify electronic employee eligibility verification program, the R Special Immigrant Nonminister Religious Worker program and the Conrad State 30 J-1 Visa Waiver program. The bill was passed by the Senate on August 2, 2012, with unanimous consent. It was extended in the Senate to include a 3-year extension of the four immigrant programs.

On September 13, 2012, the House passed the bill as well by a vote of 412 to 3. President Obama signed the bill into law on September 28, 2012