IMMIGRATION MATTERS
A Column by Kimberley A. Chandler, Immigration Attorney
September, 2009
H-2Bs: An Economic Necessity
for Some Resorts, landscapers and roofers are the types
of Colorado businesses dependent upon seasonal
foreign workers. The problem, these days, is
that visas for these workers are extremely limited.
Only a few of the employers who initiate the
lengthy and expensive legal process of bringing
these foreign workers to the United States are
approved, and able, to hire the foreign workers
they need because, by the time the workers are
ready to come to the U.S., no more visas are
available. The fixed number of 66,000 H-2B visas
available annually is grossly inadequate to satisfy
the needs of seasonal employers in the United
States.
But not all Americans perceive the cap on H-2B
visas as a problem. As the economy continues
to deteriorate, charges that foreign workers
are displacing U.S. workers are increasing. Having
met with, and represented, many employers who
have applied for H-2B visas, I know that American
workers are not applying for these labor-intensive,
seasonal jobs. Seasonal employers must advertise
the position for ten days in different media,
and they must advertise at least the prevailing
wage for the job. In many years of immigration
practice, I have never known an employer who
received more than a couple of inquiries from
interested U.S. workers; and the norm is to hear
nothing from any American.
The other common complaint about H-2B foreign
workers is that they enter the U.S. and fail
to leave, as legally required, when employment
terminates. Those I know do leave; and they leave
because they do not want to be barred from entering
the U.S. in the future, as would be the case
if they overstayed. Likewise, H-2B employers
encourage the workers to leave as required, so
that they are not prohibited from using the H-2B
program in the future.
The
H-2B visa is important to seasonal employers,
who need the assistance of foreign laborers in
order to grow – and even to maintain – their
businesses. Please consider helping these employers
who are trying to comply with the law by contacting
your Congressional representatives and requesting
an increase in the number of H-2Bs issued annually.
This article should not be relied upon as
legal advice. Consult an immigration attorney
for advice specific to your situation.
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NEWS
H-1B QUOTA REACHED FOR FISCAL YEAR 2012 (OCT. 2011 - SEPT. 2012)
The annual cap of 65,000 H-1B visas for the 2012 fiscal year, which began October 1, 2011, was reached on November 22, 2011.
The window of time to apply for the 2012 visas ran from April 1, 2011 to November 22, 2011; and the next window, applicable
to the 2013 fiscal year, will not open until April 1, 2012. As the economy strengthens, it is likely that the quota of 65,000
will be reached well before November of 2012, so plan to file for new H-1Bs as early in the year as possible. Bear in mind that as long as
demand exceeds the annual supply of H-1Bs, the start date of new H-1B workers may need to be deferred until October 1, when a new
allotment of H-1B visas becomes available. . Remember that not all foreign workers are subject to the caps. Existing employees applying for extension of current H-1B status are not subject to a cap, and certain employers are exempted. Additionally, certain students authorized for optional practical training ("OPT") may be eligible to continue working in optional practical training status until H-1B visas become available.
EMPLOYMENT VISAS SURGE AHEAD
The China and India second preference cut-off dates have advanced rapidly in recent months. This is welcome news to the
Chinese and Indian workers, and their United States-based employers, who have been waiting years to file for U.S. permanent residency.
IMMIGRATION LEGISLATION, 2011
In 2011, several bills were introduced in Congress that relate to immigration issues other than enforcement, which dominated the immigration
legislation arena in previous years. Chandler Law Firm, LLC applauds the increased attention to immigration issues and, particularly, to reform
of the existing legal immigration system. Easing restrictions on the immigration of highly-skilled persons and entrepreneurs is the subject of
several recently-introduced bills.
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