by Jennifer Grady, Esq.
In response to worker shortages and the upcoming spring/summer season, the Department of Homeland Security (DHS) and Department of Labor (DOL) announced the imminent release of 35,000 additional H-2B visas for employers seeking to employ additional workers on or after April 1, 2022, through Sept. 30, 2022. The publication of the joint temporary final rule will be available shortly with details.
WHO IS ELIGIBLE?
Thus far, we know that the supplemental visas have been allocated into two categories:
Returning workers, who received an H-2B visa or were otherwise granted H-2B status, during one of the last three fiscal years; or
Nationals of Haiti, Honduras, Guatemala, and El Salvador.
Of the 35,000 available H-2B visas, 23,500 are reserved for returning workers, and the remaining 11,500 are for nationals of the predetermined countries. Applicants who fall outside the two categories will have to wait for another visa opportunity.
WHAT IS THE H-2B VISA?
The H-2B visa program allows employers to temporarily hire non-citizens for one-time occurrence, seasonal, or intermittent needs, so it is a source of labor for industries heavily affected by seasonal demands.
To qualify for H-2B non-immigrant classification, the petitioner must establish that:
There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary (i.e. - one-time occurrence, seasonal, or intermittent need).
Last year, USCIS' announcement to add additional H-2B visas for the second half of the fiscal year was announced on April 20, 2021. The temporary final rule was published on May 21, 2021. USCIS conducted another lottery for the 16,000 returning worker visas from petitions filed between May 25 and June 1, 2021. If you are interested in apply for the second round of visas, or applying for H-2B visas with a start date of October 1, please book a consultation with us at the link below.
WANT TO LEARN MORE?
Are you interested in applying for the H-2B visa? Schedule a call with us to determine whether you are eligible and to begin the planning process. Please contact our office at info@gradyfirm.com, or call us at (949) 798-6298.
The Grady Firm works with dynamic employers and employees across the country to prepare successful employment-based visa and Green Card applications. In addition, we help individuals, families, employees, business owners, and investors obtain non-immigrant and immigrant visas (B-1/B2, H-1B, H-2B, L-1A, L-1B, O-1, TN, E-2, E-3), as well and Green Cards and citizenship based on family relationships, investment, or employment.
Click here to schedule a complimentary 15-minute consultation with The Grady Firm’s attorneys; call +1 (949) 798-6298; or fill out a Contact Request Form.
This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.
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