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Avoiding The H2B Cap Trap

by Laura N. Jasinsky

This is for attorneys who represent disappointed H2B employer applicants that were blocked from hiring H2B seasonal workers. I have an idea that could help the H2B sponsors and their H2B workers avoid the cap in the future. Here is how it works:

A Primary H2B Employer can "immunize" its current H2B workers from the cap in future years by helping its current H2B employees extend their H2B status (not subject to the cap) through "off-season" H2B employment. The off-season job is an H2B job with an employer that has a "season" complementary to the season of the Primary H2B Employer. The "Off-season H2B Employer" must have an approved ETA750 for H2B workers with available (unfilled) H2B slots on its ETA750 (a likely scenario, due to the H2B cap), which would allow the H2B worker to extend his/her H2B status.

If an H2B worker maintains H2B status in the U.S. (through placement in successive off-season H2B jobs with Off-season H2B Employers), that worker will be cap-exempt and thus able to return, the following year, to his original Primary H2B Employer by filing an extension of H2B status from the Off-season Employer back to the original, Primary H2B Employer for the ensuing season.

H2B jobs, employers, and cap-exempt employees can be found at my new, free website, On this website I will post H2B job openings, and H2B cap-exempt workers, along with contact information. The idea is that principals will get in touch with each other. I welcome input, comments, suggestions, and (polite) criticism to make this website a valuable resource for our H2B clients.

How It Works: The website,, is a free service to employers and workers looking to fill H-2B jobs or to be employed in H-2B jobs. Only employers with approved, or about-to-be approved, H-2B labor certs, and only employees currently in the US in valid H2B status, can benefit from this website. Please fill out the attached form. By filling out this form, you agree that your name and contact information can be provided to a matched employer/employee. Employers and employees must contact each other directly, and not through me.

About The Author

Laura N. Jasinsky is the principal of Jasinsky Immigration Law PC, located in Stamford, CT. Ms. Jasinsky has practiced law for more than 25 years, and in the last 15 years has focused her practice exclusively on U.S. immigration matters. She received her J.D. (1982) and LL.M. (1993) from John Marshall Law School ( Chicago ). Previously a tax partner with the international law firm of Altheimer & Gray, Laura leverages her many years of corporate transactional experience to develop and implement creative solutions to the many workforce immigration problems facing foreign nationals, their employers, corporate legal departments, and H.R.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.

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