Information about the Proposed H-2C Program
Introduced by Senator Chuck Nagel (R-Neb), “The Immigration Reform Act of
2004: Strengthening America’s National Security, Economy and Family”
proposes to add a new subsection (101(a)(15)(H)(ii)(c)) for nonimmigrant workers
coming to perform labor or service, OTHER than that performed by workers in the
H-1B, H-2A, H-2B, L, O, or P nonimmigrant workers, where a qualified American
worker can not be identified.
Key Points of the proposed H-2C Category:
The H-2C category would require that recruitment must be undertaken
30 days prior to the filing of the “labor attestation application.”
Regarding timeframes, the Department of Labor would be required to
review the “labor attestation application” and issue a determination
within 21 days and the U.S. Citizenship and Immigration Services (USCIS) would
be required to adjudicate petitions and derivative applications within 60 days
after a completed petition is filed, thereby ensuring a processing time of approximately
three months.
H-2C nonimmigrant workers may change employers if they have worked
for the original petitioning employer for at least three months from the date
of admission or the date such status was acquired.
Employment with a new employer can commence upon the filing of a new
“labor attestation application” and employment authorization will
continue until the new petition is adjudicated.
H-2C nonimmigrants are provided an initial period of admission of not
more than two years with the possibility of one two-year extension, for a total
period not exceeding four years.
The number of visas for H-2C nonimmigrant workers may not exceed 250,000
for each of the five fiscal years following publication of the final regulations.
H-2C nonimmigrant workers are eligible for an employment-based immigrant
visa without regard to numerical limitations, and for adjustment of status upon
the filing of a petition for such visa by the employer or by a nonimmigrant
worker who has been employed for at least three years.
Dual intent is permissible with H-2C visas.
Spouses and children are eligible to accompany or follow to join the
H-2C worker.
For more information, please do not hesitate to contact this office.
POSTED: FEBRUARY 20, 2004
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