The H-2B Program and the Latest Updates | What to Know

When it comes to entering the United States, there are a number of ways to do so. Everyone has a different situation, so it is important to find the way that works best for you. For some, this may be through the H-2B program. Read on to learn more about the program and the latest announcement.

What is the H-2B Program?

H-2A and H-2B visa programs allow United States employers to bring foreigners to the country in order to fill temporary agricultural and nonagricultural jobs. H-2B refers to the Temporary Non-Agricultural Workers program. This is a highly competitive program for many people because the United States puts a cap on the number of people who are eligible to be employed as an H-2B nonimmigrant worker each year.

What is the Process?

In order to become eligible for this program, an employer must petition for the worker they are hiring. They must prove that the United States does not have enough of their own workers who are able nor willing to do the work. It is important to know that it is only temporary work. For example, it may be seasonal work. Additionally, the petitioning employer has to prove that there will be no negative impact on wages or working conditions of U.S. workers by hiring H-2B workers. Finally, petitioning employers must go through the United States Department of Labor in order to obtain a valid temporary labor certification. This can be a difficult process, so it is best to speak with an experienced immigration attorney.

What did USCIS Announce?

According to uscis.gov, “The Department of Homeland Security (DHS) and the Department of Labor (DOL) have published a joint temporary final rule making available an additional 22,000 H-2B temporary nonagricultural guest worker visas for fiscal year (FY) 2021 to employers who are likely to suffer irreparable harm without these additional workers. Of the supplemental visas, 6,000 are reserved for nationals of the Northern Triangle countries of Honduras, El Salvador, and Guatemala.”

If you have any questions or concerns about the H-2B program or the latest announcement, feel free to contact our firm today.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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What is a P-Visa? | What to Know

If you are a performer or athlete looking to come to the United States for an event, you may need to obtain a P-Visa. Read on to learn more about the different types and who is eligible.

P-1A and P-1B Visas 

The P-1A visa is specifically available to internationally recognized athletes. This allows them to come to the country temporarily to perform at a specific athletic competition at an internationally recognized performance level. Those who wish to obtain this visa must meet certain requirements. The applicant must:

  • Be coming to the country to participate in an individual event, competition, or performance that requires an internationally recognized athlete
  • Be internationally recognized: have a high level of achievement backed up with a skill that is above the ordinary and known in more than one country

A P-1B Visa is available for a member of an internationally recognized entertainment group. This allows them to come to the country temporarily to perform as a member of this group that is internationally recognized for a period of time. An individual who wishes to obtain this visa must meet the following requirements:

  • At least 75% of the members in their group have had a substantial and consistent relationship with the group for at least one year
  • The group must be internationally recognized with a high level of achievement backed up by a skill that is above the ordinary

It is important to note that the reputation of the group will be taken into account.

P-2 and P-3 Visa

A P-2 visa exists for those who are individual performers or part of a group that is planning to perform in a reciprocal exchange program. This allows the individual to perform as an artist or entertainer, whether it may be individually or as part of a group. The requirements to receive this visa are as follows:

  • The individual must be an artist or entertainer under a formal reciprocal exchange agreement between the organization in the United States and the organization in the foreign country
  • The individual must possess skills that are comparable to those of artists and entertainers in the United States that are taking part in the program outside the country

A P-3 visa is for individuals who are artists or entertainers coming to the country to temporarily be a part of a culturally unique program. This is for those coming to perform, teach, or coach. The requirements to receive this visa are as follows:

  • The individual must come to the country individually or as a group for one of the following purposes: developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance
  • The individual must come to the country to participate in a cultural event to further the understanding of their art form

If you have any questions or concerns about obtaining a P-Visa, contact our firm today. We are here to walk you through the process.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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New Bill Introduced for “Dreamers” and “Farmworkers”

With President Joe Biden in office, a lot of changes are being made to U.S. immigration laws. Recently, the House voted to pass two important new bills. Read on for more information.

What are the New Bills and What Would they Accomplish?

Recently, the House voted to pass the American Dream and Promise Act. This proposal would allow more than 2.3 million unauthorized immigrants who came to the U.S. as minors, as well as beneficiaries of certain temporary humanitarian programs, to gain permanent legal status and eventually, U.S. citizenship. These immigrants are referred to as “dreamers.” The House also passed the Farm Workforce Modernization Act. According to CBSnews.com, this “would grant legal status to hundreds of thousands of farmworkers living in the U.S. without authorization.”

CBSnews.com has broken down what these acts would accomplish if they become laws:

  • The American Dream and Promise Act would make recipients of the Deferred Action for Childhood Arrivals (DACA) program and other undocumented immigrants brought to the country before age 18 eligible to apply for a 10-year period of conditional permanent residence, provided they satisfy a number of residency requirements.
  • Applicants would be eligible to apply for permanent residence if they:
    • Earned a college degree or enrolled in a bachelor’s program for two years
    • Served in the military for at least two years
    • Worked in the U.S. for a three-year period.
  • More than 300,000 immigrants living in the U.S. with Temporary Protected Status and Deferred Enforced Departure, two provisional forms of humanitarian relief, would automatically be eligible to apply for permanent residency under the bill, if they meet eligibility requirements.
  • The Farm Workforce Modernization Act would allow immigrant farmworkers to apply for a temporary and renewable immigration status if they have worked at least 180 days in the U.S. during a two-year period.
  • Eligible workers would be allowed to request green cards if they complete four or eight years of additional agricultural work, depending on whether they have performed such work for more than or less than 10 years.

If you have any questions or concerns regarding your immigration status, do not hesitate to contact our firm. We are here to advocate for you and walk you through all of your immigration law matters.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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Public Charge Rule Comes to an End | What to Know

During his time in office, President Trump and his administration made a lot of changes to immigration laws. Now, President Biden is making his own changes. As a result, U.S. immigration laws are changing rapidly, and it is important to remain up to speed. One of the latest changes is the removal of the public charge rule. Read on to learn more about the public charge rule and what changes are being implemented.

What is the Public Charge Rule?

On February 24, 2020, the Department of Homeland Security implemented Inadmissibility on Public Charge Grounds Final Rule. This meant that if you were an immigrant that was currently considered a “public charge,” or DHS determined that you would be at any point in the future, you would most likely be denied a Green Card.

What Does “Public Charge” Mean?

The phrase “public charge” refers to the use of public benefits. For example, if you are someone who now requires, or will require the use of Supplemental Security Income, Supplemental Nutrition Assistance Program, most forms of Medicaid, certain housing programs, income maintenance, or Temporary Assistance to Needy Families, you would no longer be considered “admissible.”

What Changes Have Occurred?

Recently, the Biden administration has decided that the government “will no longer defend the 2019 public charge rule as doing so is neither in the public interest nor an efficient use of limited government resources,” according to The Department of Homeland Security.

Additionally, The Department of Homeland Security has stated, “‘the 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them,’ said Secretary of Homeland Security Alejandro N. Mayorkas. ‘Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.’”

As more changes occur, our firm will continue to keep you updated. If you have any questions or concerns regarding your immigration status or the naturalization process, contact our firm to speak with a dedicated immigration attorney.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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President Biden to Rescind Certain Trump-Era Immigration Restrictions

Back in April 2020, then-President Donald J. Trump enacted an executive order that halted immigration into the United States for at least 60 days. This halt of immigration was then extended further in June, which then included immigrants who were seeking work-related visas. Even up until his final weeks as president, Mr. Trump continued with the restrictions when he issued an additional 3-month extension of immigration restrictions. Now, President Joseph R. Biden will reportedly sign an executive order in the near future rescinding those restrictions and opening up immigration possibilities for many prospective immigrants.

Recently, in a recorded virtual meeting, Esther Olavarria, deputy director of the White House Domestic Policy Council, has stated that President Biden will most likely be signing an executive order that would, “rescind the Trump proclamations that precluded the admission of immigrants and non-immigrants either deemed to be a financial burden on our health care system or deemed to present a risk to U.S. labor markets.”

While any orders in this regard have yet to be signed, one can expect to hear a critical announcement from the White House any day now. As soon as this announcement happens, we will be sure to bring it to you. If you have any further questions, or you are concerned about how this potential executive order may impact you and your ability to live and work here in the United States, please do not hesitate to speak with our knowledgeable Wisconsin immigration attorneys today. Our firm has helped countless individuals through every step of the immigration process, and we are ready and willing to do the same for you. All you have to do is pick up the phone and give us a call.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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