The economy is going bad to worse and one of the greatest examples for this is the falling demand for the H-1B visa. It has come as a surprise to many people around the globe that the USCIS did not reach the H-1B cap yet. It was only a year ago, when USCIS received 163,000 H-1B visa petitions for H-1B visas during the first seven days of April, far more than the 65,000 work permits available for highly trained foreigners. This year, it has been more than a week but USCIS received only 44,000 H-1B visa petitions.
 
The economists had already predicated about this. Economists believe the reason behind the sharp fall in the demand for H-1B visa is – the economy. The economy recession had a drastic impact on the demand for H-1B visa but now the question is – will the economic conditions affect the seasonal employment the same way?
 
We of course cannot predict the possible impact of the economic recession on seasonal employment. Some of the immigration lawyers believe that the H-2B visa will not be affected by the US economic conditions the same way like H-1B. And the reason behind this, they said, is H-2B is only a temporary worker visa. Prospective US employers will any how need the people to meet their seasonal and temporary employment demands.
 
Enhancements to H-2B program:
 
DHS, effective January 18, 2009 revised rule on H-2B program, from changing the definition of temporary to allow up to three years employment for a particular project, such as constructing a building, has encouraged the seasonal employers and employees. DHS announced a pilot program under which departing H-2B workers would report to DHS as they leave the US.
 
DHS delegated its power to enforce H-2B regulations to DOL, and limited recruitment of H-2B workers to 28 countries, including Mexico.
 
Up to 66,000 H-2B workers can be admitted each year to fill seasonal nonfarm jobs. Most H-2B workers are from Mexico and the Caribbean, and most fill jobs in farm-related industries, including gardening, landscaping and reforestry. Employers may apply for H-2B visas six months before they expect work to begin, and employers typically request more than the 33,000 visas available in April and October.
 
Between 2005 and 2007, the Save Our Small and Seasonal Business Act allowed H-2B workers who had been in the US the year before to be rehired outside the quota. A bill introduced in February 2009 (S 388) would create an H-2R visa for experienced H-2B workers and keep them outside the 66,000 quota. Senator Barbara Mikulski (D-MD) has been the main sponsor of relaxing H-2B admissions at the behest of crab processors in Maryland.
 
Effective January 18, 2009, employers seeking certification to employ H-2B workers must attest that the employer has forbidden recruiters from charging fees to H-2B workers. The US Circuit Court noted that this regulation would likely prohibit fees such as those paid by Decatur H-2B workers in the future.

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