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Press Release: 2023 Omnibus

Press Release

Press Release: 2023 Omnibus

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December 27, 2022

There are some key takeaways for businesses that utilize employment-based visas:

  • H-2A qualifications: While originally included in immigration policy discussions, an expanded list of H-2A qualified positions was not included in the final version of the Omnibus.
  • H-2B cap: The discussions of increasing the H-2B visa cap were not successful.
  • USCIS funding: The reduction in federal funding for the USCIS may make the likelihood of fee increases higher in 2023 than it was in 2022. This could also result in extended filing times.
  • Increased fines: For businesses that utilize workers without legal status and proper paperwork, there may be increased fines for businesses found to not be utilizing a
    compliant workforce.

If you have further questions about what this legislation could mean for your business’s
workforce, including compliance concerns, please contact Farmer Law PC for a complimentary
consultation with an immigration attorney.

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    The advantages of using a TN visa over an H-1B visa are numerous. For one thing, it is much faster and easier than applying for an H-1B; while it can take months or even years for an H-1B petition to be approved, a Canadian TN application can be processed onsite at the port of entry within minutes or hours depending on individual circumstances. Additionally, there are no annual limits on how many visas can be issued like there are with H-1Bs; if you qualify for a TN visa you will almost always get one quickly and easily! Finally, unlike with an H-1B petition where employers must prove they have made every effort to hire local candidates before hiring from abroad, there is no such requirement with a TN visa so it is much less burdensome for employers as well as employees.

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