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Changes to the H2B Program for FY 2016

New laws came into effect for the H2B program that affect bringing H2B workers to the USA. This discusses changes to the Form ETA-9165 and others affecting H2B nonimmigrants.

H2B Visas

Employers in the U.S. who wish to bring over foreigners as temporary workers can do so by taking advantage of the H-2B program.

H2A Visa Exemption Removed for Certain Caribbean Agricultural Workers

The DOS and DHS announced that effective Feb 19, 2016, certain Caribbean agricultural workers seeking H2A status will no longer have an H2A visa exemption

USCIS Issues Memo on Definitions of “Affiliate” and “Subsidiary” in H1B ACWIA Fee Context

The USCIS issued new guidance regarding the definition of affiliates and subsidiaries in the H1B ACWIA fee context for determining the number of full-time equivalent employees.

DOJ Cautions H1B Employers Against Discriminating Against U.S. Workers

In a new DOJ news release, the DOJ warned H1B petitioners and employers to not discriminate against U.S. workers. These provisions will be enforced by the IER.

USCIS Announces New Initiatives for Combating H1B Fraud and Abuse

The USCIS announced new initiatives for detecting H1B fraud or abuse. This includes changes to H1B site visits for H1B-dependent employers and how to report suspected H1B fraud.

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