H-2B Visa Relief for Small & Seasonal Business

The USCIS resumed processing H-2B petitions on May 25. This comes as a corollary to the expansion of the H-2B cap by 35,000 for the fiscal year of 2005. The USCIS is currently accepting H-2B petitions for returning workers who have used the program within the last 3 years as well as new workers.

Returning workers are deemed exempt from the fiscal year cap on H-2B visas. Employers must certify the name of the employee and certify that the employee has used the program in the past three years. It is important to note, however, that this does not mean that the returning worker must have a work history with the petitioning employer; rather, the alien must have used an H-2B program visa in the past 3 years.

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