Employers May File H-2B Petitions for Returning Workers for 2021

On July 23rd, 2021, USCIS made an announcement regarding H-2B petitions. Read on to learn more about the program and the latest announcement.

What is the H-2 Visa Program?

 The H-2A and H-2B visa programs allow United States employers to bring foreigners to the country in order to fill temporary agricultural and nonagricultural jobs. Petitions for these visas are generally only approved for nationals of countries that the secretary of Homeland Security has designated as eligible for the programs. Just some of the countries on this list include:

  • Andorra
  • Argentina
  • Australia
  • Austria
  • Barbados
  • Belgium
  • Brazil
  • Brunei
  • Bulgaria
  • Canada
  • Chile
  • Colombia
  • Costa Rica
  • Croatia
  • Czech Republic
  • Denmark
  • Ecuador
  • El Salvador
  • Estonia
  • Fiji
  • Finland

Additionally, in order to qualify for H-2B nonimmigrant classification, the petitioner must establish that:

  • There are not enough U.S. workers who are able, willing, qualified, and available to do the 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.

What is the Latest News About H-2B Visas?

According to uscis.gov, employers may file H-2B petitions if “they are likely to suffer irreparable harm without these additional workers. A petitioner must file a new Form I-129, Petition for a Nonimmigrant Worker, together with an approved and valid temporary labor certification that states an employment start date for the second half of the fiscal year, and attest that these noncitizens will be returning workers. Returning workers are defined as workers who were issued an H-2B visa or otherwise granted H-2B status in FY 2018, 2019, or 2020. USCIS will accept petitions for returning workers until Sept. 15, 2021, or until the remainder of the cap is reached, whichever occurs first.”

If you have any questions or concerns about the H-2B visa program, reach out to our firm today. We are here to walk you through all of your immigration law matters.

Contact Our New York City Immigration Lawyers

Our law firm can explain all the opportunities associated with fiancé visas and help you through the entire procedure, as well as discuss whether this is a good option. For an initial consultation with a skilled immigration lawyer, contact the Law Office of Cheryl R. David in New York.