| H-2B Visa A Visa For Seasonal Workers |
In the arena of seasonal and temporary workers visas, East Coast resorts and small
businesses have repeatedly complained that Department of Labor and USCIS
regulations de facto prevented them from hiring seasonl employees from abroad.
The way this came to happen is rather perverted:
Current regulations do not allow employers to file for these workers before 120 days
from the date of prospective employment. Since these visas (called H-2 visas or H-2B
visas) are numerically limited and the entire allotment for each year used to become
available on October 1st of each year, in the past the available vsas would be
snatched up by Winter resorts and other seasonal and peak-load employers who had
a need for workers scheduled to begin employment early in the fiscal year, and could
therefore legitimately file first within the 120 days window. This of course gave them an
unfair advantage in the ability to resort to these very much desirable workers.
As many businesses are painfully aware, if you are a Bed and Breakfast in Nantucket
or a golf course in South Carolina, it is hard to justify the need for a seasonal
employee on say January 1st, early enough to be able to get into the door.
The Save Our Small and Seasonal Businesses Act of 2005 attempts to remedy the
situation by providing a more balanced approach to the allotment of H2-B visas and
unlocks a substantial number of these visas by providing that workers who have held
this status in the past three years will not be counted against the current Fiscal Year
cap.
We believe this is an important piece of legislation which will allow many employers to
avail themselves of much needed Seasonal Workers. If you have any interest in
exploring seasonal visa opportunities for your staff, please contact us.
businesses have repeatedly complained that Department of Labor and USCIS
regulations de facto prevented them from hiring seasonl employees from abroad.
The way this came to happen is rather perverted:
Current regulations do not allow employers to file for these workers before 120 days
from the date of prospective employment. Since these visas (called H-2 visas or H-2B
visas) are numerically limited and the entire allotment for each year used to become
available on October 1st of each year, in the past the available vsas would be
snatched up by Winter resorts and other seasonal and peak-load employers who had
a need for workers scheduled to begin employment early in the fiscal year, and could
therefore legitimately file first within the 120 days window. This of course gave them an
unfair advantage in the ability to resort to these very much desirable workers.
As many businesses are painfully aware, if you are a Bed and Breakfast in Nantucket
or a golf course in South Carolina, it is hard to justify the need for a seasonal
employee on say January 1st, early enough to be able to get into the door.
The Save Our Small and Seasonal Businesses Act of 2005 attempts to remedy the
situation by providing a more balanced approach to the allotment of H2-B visas and
unlocks a substantial number of these visas by providing that workers who have held
this status in the past three years will not be counted against the current Fiscal Year
cap.
We believe this is an important piece of legislation which will allow many employers to
avail themselves of much needed Seasonal Workers. If you have any interest in
exploring seasonal visa opportunities for your staff, please contact us.
Law Offices of Giuseppe Scagliarini
| Giuseppe Scagliarini, Esq. 37 Harrison Avenue Newport, RI 02840 Phone: +401-849-1220 Fax +401-633-7055 E-Mail: info@scagliarinilaw.com |
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| Law Offices of Giuseppe Scagliarini Immigration Lawyers - Immigration Attorneys - International Business Attorneys Boston, MA - Providence, RI - Newport, RI |