Bernard Firm

10/13/2026

Seasonal and peak-load businesses often struggle to find enough qualified workers when demand spikes. The H-2B visa program gives employers a lawful path to fill these temporary, non-agricultural positions with foreign workers, but the requirements are detailed and unforgiving of mistakes.

Employers must secure a temporary labor certification from the Department of Labor, pay the prevailing wage, meet strict recruitment obligations, and maintain accurate records for at least three years. Missing a single step, such as failing to notify DHS when a worker separates early, can jeopardize current and future certifications.

At The Bernard Firm, we help employers navigate every stage of the H-2B process, from establishing a legitimate temporary need to staying compliant after hiring. Our goal is to keep your business fully staffed and fully protected from costly penalties.

Click here to learn more about H-2B visas, and how our firm can assist with applications and appeals: https://ow.ly/Gw7p50ZXemI

08/25/2026

A government shutdown doesn't stop immigration processing entirely, but it does create real disruptions for employers and families with pending applications. Understanding what continues and what pauses can help you plan ahead and avoid costly delays.

USCIS is largely fee-funded, so it continues processing most family- and employment-based petitions during a shutdown. However, the Department of Labor's certification programs, including Labor Condition Applications, prevailing wage determinations, and PERM labor certifications, rely on congressional appropriations and typically pause. This can create bottlenecks for employers sponsoring H-1B, H-2A, H-2B, or PERM workers, and E-Verify is suspended as well.

Families with visa interviews or pending filings should also stay alert, as embassy operations may scale back if a shutdown lasts longer than expected. Early preparation and clear documentation go a long way toward avoiding disruption.

At The Bernard Firm, we help employers and families stay proactive and compliant, no matter what's happening in Washington.

Read the article to learn more, then contact us to see how we can help your case: https://ow.ly/UGyb50ZByLw

08/19/2026

Your PERM Labor Certification was just approved—so what's next? Many employers and foreign workers assume the hardest part is over, but this milestone actually opens the door to several critical, time-sensitive steps.

Once certified, employers have just 180 days to file Form I-140 with USCIS, verifying their ability to sponsor the position long-term. From there, the PERM filing date becomes your "priority date," which determines when a visa number becomes available based on the Visa Bulletin. Depending on your category and country of origin, this waiting period can vary significantly, making it essential to maintain lawful status throughout.

Once your priority date is current, you'll move toward permanent residency through either Adjustment of Status or Consular Processing, each with its own documentation and compliance requirements. Employers must also maintain recruitment records for at least five years after certification.

At The Bernard Firm, we guide employers and employees through every stage of this process to keep filings accurate, timely, and compliant.

Read the full article to learn more: https://ow.ly/cuww50ZByCr

06/24/2026

The H-2B visa program continues to evolve, and proposed changes could significantly impact employers that rely on seasonal workers.

In our latest blog, attorney Afhan Aman discusses the proposed Certified Seasonal Employer Exemption and how it could expand access to H-2B workers while creating more predictability for qualifying employers.

Read the full analysis here: https://ow.ly/Nvfr50Zg2bL

04/09/2026

Effective April 7, 2026, the U.S. Department of Labor has officially updated the annual rates for meal charges and travel reimbursements for H-2A and H-2B workers. Under these new guidelines, the maximum daily charge for employer-provided meals has increased to $16.78. Similarly, the minimum daily meal reimbursement for a traveling worker is now $16.78, while the maximum reimbursement remains capped at $68.00 per day for those who provide receipts. If lodging is required during travel, employers are responsible for costs up to $110.00 per night when supported by receipts.

Beyond these rate changes, the Department reminds employers of their ongoing obligations regarding worker subsistence and transportation. For H-2A employers, job offers must explicitly state whether the company will provide three meals a day at the approved rate or, alternatively, provide free and convenient kitchen facilities where workers can prepare their own food.

Furthermore, both H-2A and H-2B employers must cover the reasonable costs of transportation and daily living expenses for workers traveling from their home country to the place of employment. These reimbursements should cover the journey from the worker’s home to the consulate and then to the worksite, based on the most economical and reasonable travel methods available. These costs must be paid in advance or reimbursed once a worker completes 50 percent of the job contract. This responsibility extends to the return trip as well; if a worker completes their contract or is dismissed early for any reason, the employer must cover the return travel expenses.

Should you have any questions regarding how these updated figures or requirements apply to your specific job filings, please contact a member of our team at The Bernard Firm.

04/06/2026

H-2B Visa Update: Second Half Supplemental Cap Now Open

USCIS has begun accepting and processing H-2B petitions under the FY 2026 second half supplemental cap on a first-come, first-served basis—no lottery system. Receipt notices started arriving April 3, signaling that filings are officially underway.

This allocation includes 27,736 visas for employers with April 2026 start dates and is limited to returning workers from FY 2023–2025. Employers with approved labor certifications should act quickly to secure available visa numbers.

Click the link below to read the full update and understand what this means for your business:

H-2B second half supplemental cap FY 2026 update. Act now to secure visas under the limited allocation. Contact The Bernard Firm.

02/18/2026

At The Bernard Firm, we strive to keep employers and HR professionals informed about regulatory changes that affect their operations and compliance obligations. Our latest article breaks down the recent H-2A labor wage rule changes, explaining what’s changed, why it matters, and how it impacts agricultural employers who rely on H-2A workers. Understanding these updates is essential for maintaining compliance and planning labor costs effectively.

We encourage readers to explore the full article for a clear, practical explanation of the new requirements and key considerations for implementation. Whether you’re already engaged with the H-2A program or preparing to participate in the future, this resource offers insights to help you navigate the changing regulatory landscape with confidence.

Read the full article here: https://bernardfirm.com/h-2a-labor-wage-rule-changes/

02/04/2026

The FY 2026 H-2B supplemental cap rule expands visa availability for employers facing serious labor shortages, authorizing up to 64,716 additional H-2B visas beyond the annual cap. While this offers new opportunities, it also comes with strict filing timelines and an irreparable harm attestation requirement. It's important to plan strategically and stay compliant when navigating supplemental cap filings.

Learn more about the FY 2026 H-2B supplemental cap and our H-2B practice:
https://bernardfirm.com/visa-types/temporary-visa-lawyers/h-2b-visa/

01/22/2026

The O-1 visa is designed for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, offering employers and agents a pathway to bring exceptional talent to the United States. At The Bernard Firm, our business immigration attorneys provide experienced guidance on documenting extraordinary achievement, crafting compelling petitions, and anticipating complex evidentiary requirements. We work collaboratively with clients to present O-1 cases that reflect both professional distinction and strategic alignment with U.S. immigration standards.

To learn more about the O-1 visa and how our team can support your talent acquisition goals, visit our website to learn more: https://ow.ly/issV50XWPfi

01/20/2026

The L-1B visa offers a valuable option for multinational companies seeking to transfer employees with specialized knowledge to the United States to support critical business functions. At The Bernard Firm, our business immigration attorneys help employers assess eligibility, compile thorough evidence of specialized expertise, and prepare persuasive L-1B visa petitions tailored to your organizational needs. We combine technical immigration expertise with practical business insight to facilitate efficient transfers aligned with your operational goals.

To learn more about the L-1B visa and how we can assist your company, visit our website: https://ow.ly/aAzY50XWP92