The Department of Homeland Security announced that on May 14, 2020, a new temporary rule will go into effect giving employers in the food processing industry more flexibility to hire H-2B workers who are essential to maintaining the food supply chain.

Work essential to the food supply chain includes, but is not limited to,

Extra H-2B visas have been put “on hold” and would not be released “until further notice,” the Department of Homeland Security (DHS) has announced.

Shortfalls of H-2B visas have been a perennial problem. Used for temporary, seasonal, non-agricultural workers, these visas are relied on heavily by the tourist, hospitality, landscaping, and constructions industries. The statutory

At the end of March 2019, the Trump Administration announced that it would release another 30,000 H-2B visas for seasonal employees for use through the end of September 2019. The annual allocation had been capped at 66,000 for the full year. In 2017 and 2018, the Administration increased the allocation by 15,000 visas. However,

President Donald Trump issued a Memorandum on April 22, 2019 aimed at reducing visa overstays – people who stay in the U.S. beyond the time authorized by their visas.  Assertions set forth in the Memorandum include:

  • For FY 2018, the Administration believes that there were 415,000 individuals in the U.S. who had overstayed on nonimmigrant

USCIS announced that, effective immediately, it is terminating yet another humanitarian parole program. This one is for individuals living in the Commonwealth of Northern Mariana Islands (CNMI). This move will affect, among others:

  • Immediate relatives of U.S. citizens;
  • Certain “stateless” individuals;
  • Immediate relatives of CNMI permanent residents; and
  • Certain in-home foreign worker caregivers of

The Department of Homeland Security’s latest Regulatory Agenda promises some big changes, especially for the H-1B visa program.

Many of these changes have been proposed before, but have not yet made it to the rulemaking stage.

Among what to expect are the following:

  1. USCIS is planning to release a notice of proposed rulemaking to

Historically, the U.S. Department of Labor’s Wage and Hour Division has been the primary auditor of companies using H-2B visa to hire temporary, seasonal workers. But amid debates over the cap on H-2B visas and an expressed need for more H-2B workers  the USCIS’ Fraud Detection and National Security unit (FDNS) is getting into the