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.

On December 2, 2021, the Center for Disease Control (CDC) announced that all individuals traveling into the United States two years or older via air travel regardless of vaccination status or citizenship will be required to take a COVID-19 viral test and show a negative result to the airline, no more than one day before boarding a flight. This new requirement is effective on December 6, 2021, at 12:01 am (ET).

Those who recently recovered from COVID-19 may instead travel with documentation of their recovery, alongside a letter from a licensed healthcare provider or public health official stating that they are cleared for travel. The positive COVID test result should be from a sample taken no more than 90 days before the flight’s departure to the United States.

U.S. Citizenship and Immigration Services announced today that the Department of Homeland Security is withdrawing a 2018 notice of proposed rulemaking that proposed to remove the International Entrepreneur program from DHS regulations. The International Entrepreneur (IE) parole program, first introduced in 2017, will remain a viable program for foreign entrepreneurs to create and develop start-up entities with high growth potential in the United States. The program will help to strengthen and grow our nation’s economy through increased capital spending, innovation, and job creation. Today’s announcement is consistent with President Biden’s Executive Order 14012: “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.” The executive order requires the secretary of homeland security to “identify any agency actions that fail to promote access to the legal immigration system.” “Immigrants in the United States have a long history of entrepreneurship, hard work, and creativity, and their contributions to this nation are incredibly valuable,” said Acting USCIS Director Tracy Renaud. “The International Entrepreneur parole program goes hand-in-hand with our nation’s spirit of welcoming entrepreneurship and USCIS encourages those who are eligible to take advantage of the program.” The initial IE final rule was published on Jan. 17, 2017, and was scheduled to take effect on July 17, 2017. This final rule guided DHS in the use of its parole authority to grant a period of authorized stay, on a case-by-case basis, to foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through the potential for rapid business growth and job creation. Prior to the effective date, DHS published a final rule to delay the implementation date of the IE final rule to March 14, 2018. This allowed DHS additional time to draft and seek public comments on a proposal to rescind the IE final rule. However, in December 2017, a federal court vacated the delay, requiring USCIS to begin accepting international entrepreneur parole applications consistent with the IE final rule. Since then, the program has been up and running, and USCIS continues to accept and adjudicate applications consistent with existing DHS regulations. Under the IE program, parole may be granted to up to three entrepreneurs per start-up entity, as well as their spouses and children. Entrepreneurs granted parole are eligible to work only for their start-up business. Their spouses may apply for employment authorization in the United States, but their children are not eligible for such authorization based on this parole.