H-2B Proposed Rule Changes: Your Feedback Welcome
In my most recent entry, I discussed steps that USCIS has been taking to upgrade our capacity to process naturalization applications. Today, I'd like to address proposed rule changes to existing H-2B regulations designed to streamline that important program.
Since its inception in 1986, the H-2B program has proven popular among businesses in non-agricultural industries such as landscaping, hospitality and construction. Little about the program has changed to accommodate employers' needs or improve worker protections. In order to better serve those participating in the program, we are proposing measures to remove unnecessary limitations, prevent fraud and abuse, and protect workers.
Beyond this general announcement, I would also like to share the specifics of the proposed rule changes and ask that you provide your feedback by submitting comments to the proposed rule.
Our proposed modifications would:
It is important to note that these proposals are not yet in effect and that the current rules governing the H-2B program remain in place. In the meantime, there will be a 30-day comment period. Once public comments are received and reviewed, we will finalize and publish the rule with an effective date.
With that in mind, I look forward to your comments and feedback and appreciate your interest in the Leadership Journal.
Jonathan Scharfen,
Acting Director, US Citizenship & Immigration Services
Since its inception in 1986, the H-2B program has proven popular among businesses in non-agricultural industries such as landscaping, hospitality and construction. Little about the program has changed to accommodate employers' needs or improve worker protections. In order to better serve those participating in the program, we are proposing measures to remove unnecessary limitations, prevent fraud and abuse, and protect workers.
Beyond this general announcement, I would also like to share the specifics of the proposed rule changes and ask that you provide your feedback by submitting comments to the proposed rule.
Our proposed modifications would:
- Relax the current limitations on the ability of U.S. employers to petition for unnamed workers;
- Reduce from six months to three months the amount of time an H-2B worker whose status has expired must wait outside the United States before he or she is eligible to again obtain status under the H or L classifications;
- Require employer attestations on the scope of the H-2B employment and on the use of recruiters to locate beneficiaries and provide for denial or revocation of an H-2B petition if an H-2B worker was charged a fee in connection with the employment either (a) by the petitioner, or (b) by a recruiter where the petitioner knew or reasonably should have known that the recruiter was charging such fees;
- Eliminate the ability of employers to file an H-2B petition without an approved temporary labor certification;
- Preclude changing the employment start date after the temporary labor certification is certified by the Department of Labor;
- Require employer notifications to the Department of Homeland Security when H-2B workers fail to show up for work, are terminated, or abscond from the worksite;
- Change the definition of "temporary employment" to clearly define that employment is of a temporary nature when the need for the employee will end in the near, definable future and to eliminate the requirement that employers show "extraordinary circumstances" to be eligible to hire H-2B workers where a one-time need for the workers is longer than one year but shorter than three years;
- Prohibit the approval of H-2B petitions for nationals of countries determined to be consistently refusing or unreasonably delaying repatriation of their nationals; and
- Establish a land-border exit system pilot program under which H-2B workers admitted through a port of entry participating in the program must also depart through a port of entry participating in the program. Upon departure, they must present designated biographical information, possibly including biometric identifiers.
It is important to note that these proposals are not yet in effect and that the current rules governing the H-2B program remain in place. In the meantime, there will be a 30-day comment period. Once public comments are received and reviewed, we will finalize and publish the rule with an effective date.
With that in mind, I look forward to your comments and feedback and appreciate your interest in the Leadership Journal.
Jonathan Scharfen,
Acting Director, US Citizenship & Immigration Services
51 Comments:
Unemployment in the United States is high and there is NO WAY the DHS should “relax” or increase the amount of visa’s for cheap foreign labor!
COME ON! California now has an unemployment rate of 7.3%! Even more in come counties and we are bursting at the seams with illegal aliens!
Please do not flood our country with more unwanted; unneeded foreign labor! That is not fair to American citizens and that is the only group you should be catering too!
By
Anonymous, At
August 20, 2008 5:28 PM
Mr., Director, this is so ridiculous, unreal and unfair. I have over 10 friends who graduated from US university in any field you could imagine (engineering, computer science, School of mine etc) with good GPA and could not find a job or even an interview. I just could not get it, sometime I feel maybe I am not smart enough like those people who create these rules, or I am missing something and somebody needs to educate me. These nonimmigrant workers were/are creating backlog all over USCIS and NVC and you guys still want to better service them. LPR and US citizen spouses and kids were/are waiting for ever to be united with their love one and USCIS still looking to better service the nonimmigrant workers. I just do not know how you guys sleep at night and letting LPR and US citizen kids crying day and night. The only group who has premium processing is the non immigrant worker, how come. There is no way USCIS going to relax or has good reputation if there are going to help and put corporate America in front of USC and LPR who make America the greatest country in the world. One day we will hear the good news till then we will have to find a way to deal with this injustice. God bless America.
By
Anonymous, At
August 21, 2008 9:12 AM
To,
Jonathan Scharfen,
Acting Director, US Citizenship & Immigration Services
Thanks for your efforts.....please update us regarding processing of I130 for spouse .My petetion was filed in Nov 2007 ....and it is still pending.
It is very difficult to live far away from once spouse for almost 10 months .Please HLP US
Waiting for your reply
spouse I130
By
Anonymous, At
August 21, 2008 12:49 PM
To,
Jonathan Scharfen,
Acting Director, US Citizenship & Immigration Services
please update us regarding i-130 case my husband is in usa even my whole family is usa i m only here in india its not easy to leave without my husband and now 7 months already going on but still my case is pending after we filed i129f its also pending in CSC within 1 months its approved i heard but why my case is pending why vermont is so slow.plz do something...nw cant to see him...i hope u understand our problem.here in india not easy to leave without my husband.i m so tried and upset because every people asking me when u r going .......now i hve no answer..i hope u wil take action for spouse who are waiting for long time ...
By
Anonymous, At
August 22, 2008 2:06 AM
Mr. Director, please use you power to influence lawmaker to do something about LPR spouses and kids. It is really unfair and inhuman that it will take over 5 years for LPRs to be united with their family without any option what so ever to visit. H-2B could bring their spouses and kids with in two month how unfair is that? It seems the world this day is running out of good people who willing to help family and kids from their deep hard without looking for reward. Please Mr. Director choose the family and kids side.
It seems people these days just care about money and benefit. Most of the people these days are looking for ways to please corporate America. Please Mr. Director choose the family and kids side.
By
Anonymous, At
August 22, 2008 10:25 AM
I strongly agree with the comments above. When the unemployment rate is going up for Citizens & Legal Immigrant, why bring more workers from outsite?!!! and REUNITE FAMILIES!!!!!!! It's the most important thing.
By
Anonymous, At
August 22, 2008 1:12 PM
this is great to hear that employer is also involved ,before it was so easy that employer send petition to bring workers but workers they hide with their family and stay illegally and work under table ,workers are foreign is also doing monopoly here they come in MR A petition and they work for MR B ,why this practice is not been checked by official if you check the worker in route 6 a in yarmouth pport you will find lots of illegal worker from nepal and india working illegally,now uscis has introduced this new system i think this gonna work little bit ,that they have to noticed worker whether they return home or not ,otherwise like in route 6a in yarmouth port (Ma02675)if you check all the workers in evry reaturant or dept store u will find illegal worker whats wrong with american employer?
By
Anonymous, At
August 23, 2008 11:32 AM
Mr. Director,
The families of USC and LPR abroad waiting to immigrate to the US also have good education and competent skills to work in the US and at the same time help families reunite faster. I think reuniting families should be the number one priority.
Thanks.
By
Anonymous, At
August 23, 2008 2:43 PM
RE: Colorado Ski Resorts.
I am a kitchen worker from Belgium who has been working in a ski resort hotel last year. In addition to the last point about international instrutors, I would like to suggest further that if you think ski holidays and such are expensive already, please consider there cost and potential availability if they were to double the price due to companies having to pay much higher wages to attract US workers oppossed to those from other countries such as Belgium. High prices would cause demand to nose-dive and the industry would crumble.
By
Anonymous, At
August 23, 2008 5:17 PM
I think instead of this proposal in H-2B visa increase, USCIS should focus their attention on Relative Visas. I-130/I-129F. The system is unfair as most applicants sending their petitions to California Service Center are being approved as quickly as one month. That's great for them, but I really think Vermont Service Center should pick up their pace, people have been waiting MUCH longer than the applicants at CSC. Please allocate more I-130/I-129F petitions to adjudication officers and allow a significant increase in petitions processed. Thank you for reading our feedback.
PS. H-1B visas are much more important than H-2B visas. But a decrease in work visas would do the country good. Our economy is not all that great to have an increase in foreign employment. This would just cause a decrease in our domestic economy.
By
M+P, At
August 24, 2008 7:33 AM
Mr. Director,
I myself used to run a business that was dependent on H2B workers. I did my best to hire U.S. Citizens and Resident workers, but none were willing to work in this industry (landscaping) for under $10 an hour. With overhead costs doubling and tripling (Gas, Equipment, etc), there was no way that I could pay more than $7.50 and $8.00 an hour and keep my business.
This year I applied for Labor Certification through my lawyers, and was denied three times for inconsequential reasons (all after I had paid almost $500 each time for advertising). I was treated rudely by the state workforce agency, and nothing came of it. I finally wrote an extensive letter seeking an explanation for their actions, and recieved an approval notice. This happened in the middle of July. The bulk of my contract jobs are scheduled in late October, early November, so my lawyers assured me that I would have time to recruit workers. We began the process with one agency, and received plenty of empty promises. Finally, a friend of mine referred me to a company overseas that handles students traveling overseas, and he let me know that they had former student workers that were interested in H2B employment. We got all of their information, and sent everything to USCIS on the 28th of July via Express mail.
Two weeks later I received a notice stating that the cap was closed on the 29th, and that my group was received on the 30th. The shipping receipt showed delivery on the morning of the 29th. For some reason, my paperwork was held a day later than it was supposed to, and the group was denied.
Because of this process, I lost about $2000 in advertising costs, about the same in legal fees, and about 3 months of my time and energy. I do not have the staff necessary to complete my contracts. Because of this, i had to subcontract the work to other companies (that had to charge more because of similar problems). I have lost ALL of the initial deposits the customers paid for the landscaping services. This fall, I am in the hole almost as much money as I made in the spring. My business will be closing after these contracts are completed by the subcontractors that took over the contracts.
If I ever do this again, it will have to be when this whole process is fixed. I do not understand why it is so difficult. All of you that claim "unemployment is so bad" -- why didn't you come work for me? I had plenty of jobs, but almost NO APPLICATIONS through FOUR or FIVE rounds of advertising in the largest newspaper in my area. Why is this? Please explain to me?
By
Anonymous, At
August 24, 2008 3:21 PM
Thank you so much for these changes in H2B Program, I know it will help a lot in the proper processing of our papers so as we stay and work here legally. We Filipinos are here working under the H2B Program not because we are stealing any American jobs but we're here because Americans don't want to do the kind of job we're doing right now. Contrary to negative feedbacks to the H2B Program, our employers and agents are treating us good and we appreciated them for taking care of us while we work here.
By
Anonymous, At
August 24, 2008 4:43 PM
My wife has a Bachelor Degree taken in the best University of our country for that degree and she has several other courses. She's a highly educated person. I did everything according to law to come and live in the USA, which by the way, took me 5 years and one month as a family first preference! I have many Computer certifications, including Microsoft's. When I finished my initial Microsoft Certifications, I was one of less than 10 000 individuals with those many Microsoft certifications in the world! I came into the USA and started teaching peoople (including many US Citizens)to help them achieve Microsoft Certifications. Currently, I'm working as a Systems Engineer for a very important non-profit Organization in Washington DC. I understand that you want to improve non-immigrants to get here. I have a relationship with my wife for 8 years and we now have to be apart. There should be a way for her to have the right to come here and visit me without fear that she can be refused to enter the USA. I want to raise my family and I want my children to born here and learn the values of America. I would really appreciate if you could address and solve this kind of situations and request comments as well.
By
Ricardo Goncalves, At
August 24, 2008 8:31 PM
Director Scharfen, I am LPR (asylum) who is living here legally since 1997. I had applied to adjust my status in 1998. Due to USCIS backlog it took me 7 years to receive my green card. My wife is a Doctor who has been waiting for ever to get to US and you guys still looking for H-B2 people who could bring their family and kids in less that 3 month from the time USCIS granted them H-2b visa. How could USCIS wants to help H-2B who never pay a penny or a dime to this great country and Leave US and LPR families cry every single day? I just wanted somebody to convince me that this is fair. I just wanted somebody to tell me how you guys thinking
By
Anonymous, At
August 25, 2008 10:08 AM
I THINK THAT ANY LAW TO REGULATE TEMPORARY WORKERS IS A GOOD THING FOR EVERYBODY INVOLVED.WE LIVE IN AMERICA "THE LAND OF OPPORTUNITY" AND WE SHOULD REMEMBER THAT EVERYONE IN THE UNITED STATES IMMIGRATED HERE AT SOME POINT IN TIME.THAT BEING SAID I THINK THAT MOST OF THE JOBS OBTAINED BY THE TEMPORARY WORKERS ARE JOBS THAT MANY AMERICANS CHOOSE NOT TO TAKE ,BECAUSE IF EVERYONE WAS LINING UP TO TAKE THOSE JOBS THERE WOULD NOT BE ANY NEED FOR TEMP WORKERS.AS FOR THE OTHER PEOPLE THAT ARE WAITING ON THEIR PETITIONS TO GET APPROVED, THE ACTUAL DELAY COMES FROM LACK OF PERSONELL AT USCIS AND NOT BECAUSE TEMP WORKERS ARE BACKLOGGING THE SYSTEM, EVERYBODY IS ASSINGNED TO A DIFFERENT DEPARTMENT THEREFORE TEMP WORKERS FROM SOUTH OR CENTRAL AMERICA ARE NOT IN THE SAME PROCESS THAN PEOPLE IMMIGRATING FROM INDIA OR EUROPE.
By
Anonymous, At
August 25, 2008 12:47 PM
Dear Director of USCIS
It seems most workers who come on HIB - Empolyment visa pay taxes and Social Security deductions are made .
They apply in good faith for a Green Card thru an employer - wait 3-5 years my wait time is frustrating .
New rules comes in when ever USCIS - wants to adjust the rule .
Example June -2007 flood gates opened my labour case dated approved with a Prority date Aug 2002 is still pending for some joker did not do his or her home work .My kid would have done a better job - all you guys claim is that you are over loaded - how come ? In today's world systems can help humans but some one needs a brain to plan a head .
First of all I have paid taxes ,given work to Americans at home,office done well for the US company I work for yet waiting with no clear indication when my case will be cleared .
I suggest that you call the help desk take a case # and ask for information ( treat if this case was yours ) and see what kind of answers the staff provides - you have a web site which does not telly to what your staff states .Record these and hire the so called unemployed experts ( most of them love to live on SS benefits for it not theirs )or the real experts who can bring the change the world needs from our US immigration systems .
E-mail me back and I am willing to help discuss the issues without a salary so it will benefit a whole lot of legal people who are suffering like me .
I know this e-mail will be treated like the many you receive and head towards the trash bin on your system .
Bring the change in you so you can see the change in the world ...
Treat other like you would treat yourself ..
Thanking you ...VS
By
Anonymous, At
August 25, 2008 3:45 PM
I bet that there are a lot of future LPR's that will take jobs that currently Americans aren't taking. Many of these jobs that non-immigrants are willing to do will be taken by future LPR’s. I understand that USCIS does not have enough resources to address the current demand, but still, there could be a way for LPR's that have their spouses overseas to come here and be here for some time. I think it's unfair that a US citizen can bring a fiancée, they are not even married! Most of the pressure that USCIS has it's because they have lack of resources and they know that because of that they have entire families apart! I'm not saying that USCIS does this on purpose! I really don't think that. Why shouldn't there be a visa application with an affidavit of support to allow a spouse or unmarried children of an LPR come to the US and wait here for their application to adjust status? For unmarried children, they could be allowed to study and for a spouse, it could be that they were not authorized to work until they receive their green cards, as long as the LPR could prove that he can support his spouse without needing that spouse to work. I really think it would reduce a lot of pressure over USCIS as well as there would be more revenue to USCIS from those applications.
By
Ricardo Goncalves, At
August 25, 2008 3:45 PM
I would like to briefly address some of your comments regarding the H-2B program. As Acting Director Scharfen indicated, the H-2B visa applies to occupations involving unskilled labor such as landscaping, hospitality and construction. It does not apply to engineering, computer science or other fields involving skilled labor.
Bill Bacon
USCIS Webmaster
By
Bill Bacon, At
August 25, 2008 4:01 PM
For the individual with 10 friends who have college degrees, I know of plenty of landscaping and construction companies who are in need of laborers. I know many fast food restaurants who are in need of workers, or even resorts who need housekeepers. You think your friends would be interested in that? The pay is based on the prevailing wage for any American working a similar job in that County. Trust me, it is higher than minimum wage. The truth is, the H-2B program has had no negative impact on our economy. With the lack of unskilled and willing American workers, companies are left struggling to finalize contracts with no help at all. If these companies could find their seasonal help, then our economy may become stronger. With a stronger economy, more professional jobs will open up and I think your 10 friends will have no problem with these non-immigrant temporary workers. USCIS needs to raise the cap!
By
Anonymous, At
August 25, 2008 5:00 PM
I am the individual with the 10 Friends, I apologize for the first part of my comment since I was thinking about H-1 when I wrote the comment. I am still stand with the comment about LPR families. Mr Director something need to be done to unite these families together. I understand that lawmaker should take the lead not USCIS but USCIS could influence lawmaker to help this group of people ..............at least give them permission to visit sometime.
By
Anonymous, At
August 25, 2008 6:50 PM
OH please,,,,, people who complain about their spouse and family.... its a different process. Why bring uneducated, bored poeple to USA when we can make room for people who are willing to work. Most of these immigrants come here, and seek benefits such as food stamps, medicaid and many more. At least the H-2B workers pay taxes and give some revenue back to the country while these immigrants take back.
Now, lets be real... why are our hospitals flooded with foreign workers? One, we lack brains that these people do, Two, we are too lazy and three, we hate to do the dirt job because we are so focused on the superficial beauty wearing makeups and doing manicure. Not too many wants to do the jobs that H-2B people get. I'm not suggesting that there is some fraud involved but where isn't? But still H-2B is a good program keeps our cups of coffee at local diner cheap at one dollar unlike starbucks who has american workers where we pay four dollars. Feel the difference now??? I don't think we can offord to pay Four for coffee and twenty for sandwich all time.
Thank you for your time to read the post.
By
Anonymous, At
August 26, 2008 9:56 AM
For the individual who is for raising the cup: who is going to pay for the seasonal workers medical bills, schools for their children(they will come with families), for the children were borne as US citizens in these seasonal families? This is the problem: people will come here not for work, but for settling down here, no matter what rules will be imposed on them. I like the proposal about: Prohibit the approval of H-2B petitions for nationals of countries determined to be consistently refusing or unreasonably delaying repatriation of their nationals; and I think that Mexico is one of them.
By
Anonymous, At
August 26, 2008 10:40 AM
With our aging baby boomer population looking for retirement, legal immigration is good for all us as these new workers contribute to tax base to help todays baby boomers in their golden years, just as they help their parents in their golden years. Support immigration to ease the restriction to legal employment as they are a benefit and through their taxes will help to maintain these government programs that we have become accustom too!
By
Anonymous, At
August 26, 2008 12:04 PM
Dear Sir,
Whilst the system is seeking to give foreigners an opportunity to showcase their skills and give employers the cutting edge necessary to survive, time frame for other categories must not be compromised. My spouse has filed my I130 for almost 3 years now!
I am looking to Canada which takes less than 2 years for families to unite since I hold a MBA.
By
Anonymous, At
August 26, 2008 12:05 PM
FYI, it is nearly impossible to bring family members of an H-2B Visa holder to the U.S. If they have been to the U.S. illegally and had children here, the consulate will never allow them to have a visa. If they have never been to the U.S. and receive a visa, the consulate will not approve a visa for their spouse or children. That's why it's temporary, the workers who do not abuse the program always go back to their country of origin. For those people who are coming on a Visa and trying to stay, that is why the new regulations of companies reporting these people to Homeland Security will be highly effective. So that when they are eventually caught, they are not allowed to use the program ever again.
By
Anonymous, At
August 26, 2008 1:05 PM
To the person who said that many immigrants come here looking for benefits such as food stamps, etc... Clearly you do not know the law; LPR's cannot accept such kind of benefits or welfare.
My point is that I’m sure that the current pending I-130 will not only be engineers or skilled labor. I’m pretty sure there will be unskilled people coming into the country that can fill out these jobs. While I’m a systems engineer, three of my brothers are actually working on construction.
By
Ricardo Goncalves, At
August 26, 2008 6:52 PM
Fix the issues with I-140 EB3s at NSC and then think of H2-A and stuff.. Concentrate on 1 at a time.. else it will be omnium-gatherum
By
Anonymous, At
August 27, 2008 12:23 AM
I'm really tired of hearing that foreign workers do the jobs we won't do. What kind of penny pinching employer would pay someone what their job is worth when you can underpay a foreign worker that doesn't know better?
The focus should be on family based visas. My case was received in Nov. 2007 and it is still pending. When I finish with my 15 month deployment here in Iraq, it would be nice if my wife could be there to meet me once I get back to the states. This doesn't look like the case with the way the USCIS is operating right now.
By
Anonymous, At
August 27, 2008 1:35 AM
The way I look at this is LPRs have no way to be united with their spouses and kids (not even a visit) by the current immigration law. H-2b for new people is not the solution, you could easily bring LPR family as non-immigrant to this country and they could fill these H-2b positions and in the same time solve the backlog and the separation issue. As you know not all LPR spouses are highly skilled. LPR families could get their status fixed when visa are available later on.
By
Anonymous, At
August 27, 2008 1:49 PM
Once again, employers who utilize the H-2B program pay the workers the prevailing wage. Prevailing wage definition...A prevailing wage is the median wage paid to workers in a specified locality. Prevailing wage may include both wages and benefits. It encompasses the compensation for a worker given for performed labor...hence, the workers are paid what American workers are paid. It is also higher then minimum wage. If H-2B employers are paying anything less, then they would obviously be reported and probably face some very heavy sanctions.
By
Anonymous, At
August 27, 2008 7:25 PM
Mr Director,
I appreciate you for welcoming comments before you decide a particular issue as well as the efforts USCIS alloting more time for the processing of naturalization.
I just want to appeal you about H1B (Employment based category 3) who is now on adjustment of status. I have pass and submitted my status along with my friends last June 2007 but until now we havent receive any updates. Yo mentioned about 12- 14 months but its pass 12 months for us already and all 3 of us didnt get our I 485results yet. Wse all have bachelors degree in healthcare and paying our taxes more than in some category and we felt that the focus are only in some category.
employment base category have been taken for granted. weve been waitign for so long, we cant go out of the country as we are adjustee as well as well as we are spending money for EAD which take time as well. With all due respect, Pls give some attention on employment based asjustment of status. Were always the last one to move in the processing were in we have the bachelors degree in specialty field. so pls Mr. director.... have mercy on us!
By
Anonymous, At
August 27, 2008 9:27 PM
Fix the broken system first and then head into H2-A.. No processing time update for this month..no clue as to what USCIS is doing.. Target I-140 EB3s at NSC....
By
Anonymous, At
August 28, 2008 12:21 PM
Mr. Director,
I am waiting for my Green Card Thru H-1B Employment, it is been more than 3 years now. This is a very painful process. Please please improve these services..
Your help desk is almost useless. Just a waste of time.. They don't have any idea about anything.
Please pay more attention to H-1B
Thank you...
By
Anonymous, At
August 28, 2008 7:05 PM
First of all: deal with illegal immigration firs and when you wouldn't have 12 million people drying out our funds for services for US citizens, only then you can speak about bringing in more people whos itentions "to do the work americans don't do". No more chain Immigration, no more green card Lottery. Enforce the laws in the book first!!!
By
Anonymous, At
August 28, 2008 10:20 PM
Dear Mr. Director,
It certainly helps reducing the time frame of waiting for spouse. I think the this should be passed ASAP. By no means, H2-b are added burden for the country.
By
Anonymous, At
August 29, 2008 4:53 AM
PLease Mr director do some fix in the H2B cup for snow workers. We dont want to stay in the US after winter, we have then winter in the southern hemisphere. And ski resorts require foreign positions such as ski teachers for example, there is no way resorts can provide service to the guests without this positions tha american workers im sure dont want to fill because after the winter they would be left with no job.
By
Anonymous, At
August 29, 2008 8:44 PM
I am just wondering Mr. Director, when do you going to post something about LPR spouses and kids for comments. I am positive H-2b does not deserve the attention like LPR spouses and kids. LPR spouses and kids are the most mistreat group in immigration history, they deserve some attention and respect. Please let LPR spouses and kids have at least the right to visit. This is unfair and inhuman.
By
Anonymous, At
September 2, 2008 12:51 PM
Dear Director Scharfen,
After reading the many posts that preceeded mine it is amazing how uneducated people are regarding the H2B program. The bottom line is this. If you don't go back and change the number of visas that are available for returning workers the economy will continue to decline. I have used the program for many years and up until last year had great success with it. This past year I have made no new equipment pruchases and did not take an annual vacation. Without the H2B workers my company's gross is down 40%. I have tried continually to hire local labor with no luck or interest of any kind. The green industry depends on seasonal help and the numbers across the board for this industry are alarming. If these businesses can not make it they will have to let all their workers go, and that includes many American's. If this matter is not addressed ASAP you can bet small businesses like mine will be closing their doors in the future. The first 1/2 of the cap has been met and since I don't need workers until March there is no chance I will be getting any workers in 2009. Please concentrate on what is at stake if the numbers aren't increased and address the rest at a later date.
By
Anonymous, At
September 3, 2008 2:10 PM
Agree with the comment below 100%
"I am just wondering Mr. Director, when do you going to post something about LPR spouses and kids for comments. I am positive H-2b does not deserve the attention like LPR spouses and kids. LPR spouses and kids are the most mistreat group in immigration history, they deserve some attention and respect. Please let LPR spouses and kids have at least the right to visit. This is unfair and inhuman."
By
Anonymous, At
September 3, 2008 5:37 PM
How is anyone supposed to take your concerns about LPRs into consideration when you bombard a comment forum on a completely different topic. This section is about H-2Bs not LPRs. Give it a rest.
By
Anonymous, At
September 4, 2008 5:46 PM
As you could see nobody wants to comment or care about H-2b, please fix the real issue that encountering USCIS which LPR spouses and VSC. VSC is worst service Center in USCIS history. Please got those guys to work.
By
Anonymous, At
September 10, 2008 6:56 PM
Boy, do I understand your frustration. Waiting forever for whatever apps you put in to be approved. My pastor and I went to the local office of my congressman to see about getting a rush on my replacement green card that I shouldn't have had to do. The congressman's aide was most helpful and was able to get a rush job because I was widowed since I sent in my re - app. As it turned out I was given wrong information two years ago since that card was lost in the mail and I didn't have to re - apply and send $$$ I didn't really have.
Maybe that's what you need to do, go to your congressman's office with documents to prove your case and demand answers. And go with your pastor or attorney or someone who knows how the system works.
I would have had to wait another two years because of the bad information I received two years ago.
By
Anonymous, At
September 14, 2008 1:17 PM
Very pathetic leadership... So many of us are sufferring for over 2 years now with pending I-140 EB3 as NSC... channel your workforce there rather than H-2B...
At please update the AC21 guidance to clarify the I140 clause.. currently it is rendering itself useless with heavyly backlogged I-140 cases at NSC....
By
Anonymous, At
September 15, 2008 5:56 PM
Good day Mr. Director I agree with H-2b visa but one of the thing that makes no sense to me is the processing time for LPR filling for spouse at CSC is January 2008 in contrast VSC processing time is January 2006. Could you believe that…. two years different. Please do something about this and move some cases to CSC if VSC is not able to be current with the rest of USCIS service center.
By
Anonymous, At
September 16, 2008 9:52 AM
I think USCIS is wasting resource, time and money on certain things that doesn't really need any special consideration. Need of the hour is how to better handle backlog cases on different type of application and how to keep the pace going forward... With the shear number of posting you can very well imagine people doesn't pay much attention and have big fish to fry.. So, regulate the service center and channel the resources appropriately..like I-140 Eb3 cases at Nebraska
By
Anonymous, At
September 16, 2008 8:58 PM
Director.. It seems like you are totally out of touch with state of affairs at the Nebraska service center.. What in the world is going on how can you justify EB2 processing I-140 processing march 2008 and EB3 march 2007 applications... While we are crying you are requesting comments on H2-A.. pathetic
By
Anonymous, At
September 17, 2008 12:58 AM
I am a usa citizen I applied for my wife back on December and here case stile pending I thing you need to address the I 130 and k3 and I129f and have those connected to a pilot program thanks
By
Anonymous, At
September 23, 2008 1:56 AM
Hey, People, I found out this morning how disorganized CIS is. This has been the problem since June of '07, but it doesn't explain the runaround from earlier applications. This does not excuse bags of out going mail to be handled in a timely manner is still sitting to go to out going mail after three months.
The leadership needs to shape up the system otherwise there will be bigger headaches by illegals sliding in knowing how bad CIS is.
By
Anonymous, At
September 29, 2008 12:36 PM
Mr Director
Re: I-130
When will the law passes for Legal Permanent Resident to reunite with their families as soon as possible, just in the case of a US citizen . US citizen and LPR have the same rights with the exception to vote, to become president, getting benefits and to take up specified security jobs. No one wants to be away from families and kids - that is the most important thing to anyone. I know there is a limit of how much people can immigrate but it should be considered and be a bit more relaxed or been processed faster. Take another case for someone who is employed from overseas, they can bring their spouse and children in without a problem. Situations like these causes a lot of fidelity, broken marriage and broken heart especially when they cannot visit (no visa), by the time they do get reunited they have grown apart, divorce and no parent V children relationship this should not being happening - unless you know someone in the situation it will become clearer. FAMILIES SHOULD BE PRIORITY as they can also bring a lot of skills needed for employment - not that Im against your policy of recruiting skills overseas as it is very good for the businesses and the economy.
By
Anonymous, At
October 7, 2008 7:13 AM
Could you please tell us when the proposed regulations will be discussed and decided upon?
By
Anonymous, At
October 9, 2008 3:36 PM
I strongly agree with provisions eliminating "staffing contractors" taking up the spots under the H2B cap.
As for eliminating fees for the workers, I think it should be reconsidered. That provision would skyrocket the prices of hiring H2B workers to the employers. Therefore eliminating that option for most employers. Once that options is gone, small businesses who cannot afford costs of hiring H2B workers, might choose to return to old ways of using illegal immigrants (of which, there are plenty)
US Employers are not the only beneficiaries of the program, the worker, their families and their countries benefit as well through the financial contributions of the workers.
By
Small business owner., At
November 10, 2008 8:01 PM
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