U.S. Citizenship and Immigration Services has received enough petitions to meet the congressionally mandated H-2B cap for the second half of fiscal year (FY) 2022. Feb. 25, 2022, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after April 1, 2022, and before Oct. 1, 2022. USCIS will reject new cap-subject H-2B petitions received after Feb. 25, 2022 that request an employment start date on or after April 1, 2022, and before Oct. 1, 2022.
USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:
• Current H-2B workers in the United States who wish to extend their stay and, if applicable, change the terms of their employment or change their employers;
• Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
• Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam (until Dec. 31, 2029).
U.S. businesses use the H-2B program to employ foreign workers for temporary nonagricultural jobs. Under the Immigration and Nationality Act (INA), as amended, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – Sept. 30), plus any unused numbers from the first half of the fiscal year, if any. Unused H-2B numbers from one fiscal year do not carry over into the next fiscal year. DHS, in consultation with the Department of Labor, will be considering whether to issue supplemental visas, in accordance with legal authority.

For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B or H-1B1 petition (Form I-129, Petition for a Nonimmigrant Worker). Each of these forms received by USCIS on or after April 1 must have its own fee payment instrument or we will reject the entire package. Only the fee for Form I-907, Request for Premium Processing Service, may be combined with the fee for a concurrently filed Form I-129 requesting H-1B classification

Fiancé(e) and Spousal Visas

The United States offers visas (and green cards) to fiancés and spouses so that they can enter, live in, work in, and reenter the United States. 

• A green card means that your loved one is a permanent resident and can stay in the United States forever and reenter the U.S. after going home for a visit. 

• A green card also allows your love to work in the United States.

• He or she doesn’t have to apply for U.S. citizenship, but the opportunity is available for green cardholders. 

How to Get a Fiancé Visa (K-1 Visa)

File the application for the K-1 visa (I-129F – Petition for Alien Fiancé) and show that:

• You are a United States citizen.

• You can support your fiancé.

• You and your fiancé are not married to anyone else.

• Your fiancé has not violated any immigration or criminal laws.

• You have visited with your fiancé in person during the last 2 years.

• You intend to get married within 90 days of your fiancé entering the United States.
If approved the K-1 visa (Fiancé Visa) application is approved, your fiancé will be permitted to enter the United States for a period of 90 days.

• During those 90 days, you must get married.

• Your spouse must file for lawful permanent residency (i.e. green card) during that time period.

How to Get a Spousal Visa (Immediate Family Visa – IR1 Visa or CR1 Visa)

The IR1 visa is available for a foreign national married to a U.S. citizen for more than 2 years.  The CR1 visa is appropriate if the marriage is less than 2 years. (It’s temporary.)

• File the immigrant Petition for Alien Relative (Form I-130).

• Provide proof of marriage.

• If approved, your spouse will be permitted to enter the United States.

• Your spouse then files for lawful permanent residency (i.e. green card).

Where to Get Legal Help Bringing Your Love to America

Immigration is a very specialized area of law; so, be sure your attorney focuses his practice on immigration and protecting your legal rights.  We focus our practice on immigration law and you can reach us at 513-791-1673 or Thomasjr@geygan.com.  We’d be honored to help bring your love to the United States.  Call now.