The official statement from USCIS

The US Citizenship and Immigration Service (USCIS) announced that the Department of Homeland Security (DHS) granted new benefits for foreign workers holding a H-2B Visa.

H-2B Visa- Brief explanation

The US benefits greatly from thousands of foreign skilled workers who come to the country annually and work in different production sectors for local markets and American families.

The H-2B Visa offers the possibility for a local company to bring a foreigner specialized in certain work areas that do not involve agriculture.

The US company must file a petition requesting the entry and legal residence for the foreign worker. This petition must be sent to USCIS for review.

If you need more information about Business Immigration, please click here.

There are certain requirements that must be met by both the prospective employee and the employer.

Let’s look at some of the requirements:

• The application is accepted when there are not enough local workers trained for the specific job.
• The petition must clarify that the job opportunity is temporary or seasonal and that the foreign employee will return to his/her country.
• The job must be essential to the US markets.

The arrival of COVID-19 in the United States

During the health crisis caused by the Coronavirus, President Trump decided to temporarily close the borders and this prevents foreign workers from entering the country, except for health workers.

Therefore, many sectors of local production are suffering the impact of the pandemic due to the lack of workforce.

Typically, the immigrant community is the majority of the country’s workforce, and they help the markets to constantly have supplies for the American population.

In light of the current economic crisis, DHS decided to provide benefits to local employers and foreign workers holding H-2B Visa so that production in prime markets does not decrease in the US.

New benefits for H-2B Visas

The temporary final rule declares two parameters implemented during the current juncture for H-2B Visa holders:

1. Local employers may employ the foreign worker before receiving an official response from USCIS.
2. Foreign workers can stay in the US longer than the government stipulates. Regularly, a foreign specialized worker can reside in the country for up to 3 years. Now, they can extend that period.

These two temporary rules are going to be active for 60 days, while the country returns to economic equilibrium.

The official statement specifically declares: “These necessary flexibilities will safeguard a critical U.S. infrastructure sector; reinforce security of the nation’s food supply chain; and encourage key American businesses to maintain essential operations currently threatened by the COVID-19 public health emergency.”

The requirements to apply to these temporary benefits

In order to apply to these services, there are several requirements that must be met:

• The foreign worker must currently have a valid H-2B Visa.
• The employer must demonstrate that there are not enough local employees available.
• The foreign worker must currently reside in the US.
• The employer must demonstrate that the foreign worker is essential to the US food supply chain.
• The decision to hire a foreign worker should not affect any US worker who occupies similar positions.
• To employ the foreign worker before receiving an official response, the petition must be active and pending in the USCIS system.

Seek specialized help

It is important for all local markets to survive the current economic crisis. That is why it is better to seek specialized help to avoid inconveniences.

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.