The H-2A and H-2B programs allow US employers to bring foreign workers to the US in order to fill temporary agricultural jobs and temporary non-agricultural jobs. USCIS generally may only approve H-2A and H-2B petitions for nationals of countries that are designated as eligible to participate in the programs. USCIS may also approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the US; this is taken on a case by case basis.

In addition to the 53 countries currently on the list, the following five countries were added for 2012: Haiti, Iceland, Montenegro, Spain and Switzerland.

Effective 18 January 2012, nationals of the following 58 countries are eligible to participate in the H-2A and H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Montenegro, Nauru, the Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Switzerland, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay and Vanuatu.

Global Visa Support offers a variety of programs in United States of America. Please visit our USA page for more information: http://globalvisasupport.com/usa.html

There will be no change in filing locations when submitting Form I-130 along with Form I-485, Application to Register Permanent Residence or Adjust Status. Individuals filing these forms together will continue to mail them to the Chicago Lockbox facility. Petitioners filing from overseas addresses in countries without USCIS offices will also continue to file at the Chicago Lockbox facility. Petitioners residing in a country with a USCIS office may send their I-130 forms to the Chicago Lockbox, or they may file their Forms I-130 at the international USCIS office having jurisdiction over the area where they live.”

Source: USCIS Website

Please note: Filing addresses and procedures change constantly.  You should always check the current instructions in the form or USCIS.gov website.

For U.S. Postal Service:
USCIS
P.O. Box 804625
Chicago, IL 60680-4107

For express mail and courier deliveries:
USCIS
Attn: I-130
131 South Dearborn – 3rd Floor
Chicago, IL 60603-5517

The new initiatives were announced by United States Citizenship and Immigration Services (USCIS) director Alejandro Mayorkas and Secretary of Homeland Security Janet Napolitano.

“The United States has a long, rich history of welcoming innovative entrepreneurs and skilled workers into our country,” Mayorkas said on his blog.

“These men and women fuel our nation’s economy by creating jobs, and promoting new technologies and ideas,” he added.

“Today, I joined Secretary of Homeland Security Janet Napolitano and outlined a series of new policy, operational, and outreach efforts that will help fuel the nation’s economy and stimulate investment by making it easier for high-skill immigrants to start and grow companies and create jobs here in the United States.”

USCIS announced that it will:

• Clarify that immigrant entrepreneurs may obtain an employment-based EB-2 immigrant visa if they satisfy existing requirements, and that they may also qualify for a National Interested Waiver (no job offer required) under the EB-2 immigrant visa category if they can demonstrate that their business will be of interest to the United States.
• Expand the Premium Processing Service to immigrant petitions for multinational executives and managers
• Clarify that a sole owner of a business who wishes to employ himself/herself in some circumstances can establish a valid employer-employee relationship to qualify for an H-1B non-immigrant visa
• Implement enhancements to streamline the EB-5 immigrant investor process
• Launch new “engagement opportunities” to seek input and feedback from entrepreneurs and companies. USCIS will take this into account when developing new policies and procedures. It is hoped that this will result in changes that will help entrepreneurs, new businesses, and startup companies

“The United States must continue to attract the best and brightest from around the world to invest their talents, skills, and ideas to grow our economy and create American jobs,” said Napolitano in a statement.

“Today’s announcements will help our nation fully realize the potential of existing immigration laws,” she added.

The EB-5 investor visa program sets aside10,000 visas annually to immigrant investors who invest in commercial enterprises that create at least 10 U.S. jobs. An investor must invest at least US$1,000,000 (or US$500,000 for areas with high unemployment or rural areas).  Investments can be made directly under the investor’s program or through a designed regional center.  A regional Center is a specific investment entity, public or private, which is involved with the promotion of economic growth and creation of jobs.  A regional center must first submit a proposal to the USCIS and get designated as an approved EB-5 regional center first, before they can participate in the EB-5 program. There are three main enhancements proposed to streamline Regional Center sponsored applications.

First, USCIS proposes to accelerate its processing of investor’s applications for job-creating projects that are fully developed and ready to be implemented. Further, the government will also give these EB-5 applicants and petitioners the option to request Premium Processing Service, which guarantees a decision within 15 calendar days for an additional fee (current fee is $1225).

Secondly, USCIS proposes the creation of new specialized intake teams with expertise in economic analysis and the Investor Visa Program requirements.  The significance is that EB-5 Regional Center applicants will be able to communicate directly with members of these specialized intake teams via e-mail to facilitate the resolution of issues and questions regarding their applications.

Thirdly, USCIS proposes to create an expert Decision Board to render decisions regarding EB-5 Regional Center applications. Members of the Decision Board will include an economist, adjudicators, and legal counsel.  Again, the purpose is clearly to employ personnel with expertise in economic matters to decide EB-5 cases.

This proposal will be posted online until June 17, 2011, for public comment.  The proposed changes will not take effect until they are formally adopted and implemented by the USCIS.

The H-1B visa scheme is subject to an annual cap set by the United States Congress each year. For FY 2012, the cap is again set at 65,000 visas. There are 20,000 additional visas for those with US Masters degrees or higher.

“The first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degrees or higher are exempt,” USCIS said in a statement.

There are certain other H-1B petitions that are exempt from the cap as well. These include job posts at:

• Institutions of higher education or related or affiliatednonprofit entities
• Nonprofit research organizations
• Governmental research organizations

H-1B visa extensions filed for workers who are currently in the US under an H-1B visa also do not count towards the cap.

In April 2007 the cap was reached in one day. The US has still not fully recovered from the economic downturn of 2008; Over the last few years there has been less demand for H-1B visas. The increased availability of H-1B visas means that it is now easier for US companies to import skilled labor from abroad under the H-1B program.

Effective immediately, during this interim period USCIS will give deference to
prior determinations made since June 6, 2006, that a non-profit entity is
related to or affiliated with an institution of higher education – absent any
significant change in circumstances or clear error in the prior adjudication –
and, therefore, exempt from the H-1B statutory cap. However, the burden remains
on the petitioner to show that its organization previously received approvals of
its request for H-1B cap exemption as a non-profit entity that is related to or
affiliated with an institution of higher education.

Petitioners may satisfy this burden by providing USCIS with evidence such as a
copy of the previously approved cap-exempt petition (i.e. Form I-129 and
pertinent attachments) and the previously issued applicable I-797 approval
notice issued by USCIS since June 6, 2006, and any documentation that was
submitted in support of the claimed cap exemption. Furthermore, USCIS suggests
that petitioners include a statement attesting that their organization was
approved as cap-exempt since June 6, 2006.

USCIS emphasizes that these measures will only remain in place on an interim
basis. USCIS will engage the public on any forthcoming guidance.

The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ
foreign workers in specialty occupations. Unless determined to be exempt, H-1B
petitions are subject to either the 65,000 statutory cap or the 20,000 statutory
visa cap exemption. By statute, H-1B visas are subject to an annual numerical
limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for
these visas filed on behalf of individuals with U.S. master's degrees or higher
are exempt from this cap. (Released by USCIS 03/16/2011)

The USCIS issued an advisory for Japanese and other foreign nationals from the Pacific stranded in the United States due to the earthquakes and tsunami devastation in the Pacific.  They may be permitted up to an additional 30 days to depart the U.S.

Visitors traveling under the Visa Waiver Program (VWP):

• If you are at an airport, contact the U.S. Customs and Border Protection office at the airport. 
• All others, please visit the local U.S. Citizenship and Immigration Services office.

 Visitors traveling under a nonimmigrant visa:

• Visit the local U.S. Citizenship and Immigration Services office.  
• Bring your passport, evidence that you are stranded (such as an itinerary for the cancelled flight), and your I-94 departure record.