Thursday, December 12, 2019

HOUSE PASSES BILL TO PROVIDE AGRICULTURAL VISA




HOUSE PASSES BILL TO PROVIDE AGRICULTURAL VISA

Yesterday, the House passed the Farm Workforce Modernization Act which would establish a new program for agricultural workers in the United States  – similar to DACA – which would allow workers employed on a continuing basis in agriculture to obtain legal status. The status would be as a “Certified Agricultural Worker” (CAW).  The visa would be for three years and could be renewed. Spouses and minor children would obtain status too.

Additionally, this bill streamlines and simplifies the H-2A program to make the program more attractive for employers and employees.

The program has an annual cap, but the cap could be increased upon request of the Secretaries of Agriculture and Labor.

The bill passed with a bipartisan vote of 260-165. Even though it was supported by significant numbers of Democrats and Republicans, it is not clear if it can pass in the Senate or whether Donald Trump would sign it into law.

Monday, December 9, 2019

NEW H1B REGISTRATION SYSTEM WILL BE IMPLEMENTED THIS MARCH




NEW H1B REGISTRATION SYSTEM WILL BE IMPLEMENTED THIS MARCH
Starting in March, employers who wish to file H-1B petitions for their employees must register each employee / applicant in a lottery to take place before the filing season starts on April 1st.
The initial registration period will open from March 1 through March 20, 2020. During this period, the electronic registration must be submitted by the employer or its authorized representative.
If the number of registrations exceeds the H-1B numerical allocation, a lottery will be conducted between March 20 and March 31, 2020. Only those petitioners who “win the lottery” – in other words are selected in the first group of eligible applicants – will be able to file a cap-subject petition for that candidate.
The H-1B petition will then still need to be found eligible in all respects in order to obtain approval.  
Under current law, no more than 65,000 H-1B visas can be issued each year.  This quota has been used up in the first week of the application process for each of the last 5 years.  So, in the past, applications had to be submitted on April 1st and any applications submitted later were typically not considered.

This new procedure will prevent employers from having to submit applications to CIS, knowing that only approximately one-third will even be considered. 

However, because the lottery is occurring so late (March 20-31st)  it will require many lawyers to have the petitions largely prepared before getting the lottery results. 

For more information on the H-1b visa and the eligibility requirements under the law, go to: https://kpblawfirm.blogspot.com/2019/02/howto-obtain-professional-visa-h-1b-by.html

WHO CAN APPLY FOR DACA NOW, AND WHO CAN TRAVEL OUTSIDE THE U.S. AND HOW?

  WHO CAN APPLY FOR DACA NOW, AND WHO CAN TRAVEL OUTSIDE THE U.S. AND HOW? New DHS Policy On Initial DACA Applications, Advance Parole (Ri...