To learn more about the Department of Homeland Security and the Department of Labor’s new additional H-2B visas, continue reading and reach out to our experienced NYC temporary visas immigration lawyers today.
Who are the additional visas for?
Recently, the Department of Homeland Security (DHS) and the Department of Labor (DOL) reported the upcoming publication of a mutual interim final rule to make available an additional 20,000 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2022. These visas will be put aside for U.S. employers looking to employ more workers on or before March 31, 2022.
It is important to recognize that this supplemental cap marks the first time that DHS is making additional H-2B visas available in the first half of the fiscal year. Earlier this year, USCIS obtained enough petitions for returning workers to get the additional 22,000 H-2B visas made available under the FY 2021 H-2B supplemental visa temporary final rule.
What is the H-2B visa portion?
The supplemental H-2B visa portion consists of 13,500 visas open to returning workers who received an H-2B visa or were otherwise granted H-2B status, during one of the last three fiscal years. The remaining 6,500 visas, which are exempt from the returning worker requirement, are dedicated to nationals of Haiti and the Northern Triangle countries of Honduras, Guatemala, and El Salvador.
DHS plans to issue a separate notice of proposed rulemaking that will modernize and reform the H-2B program. The proposed rule will include program efficiencies and protect against the exploitation of H-2B workers.
The H-2B program allows employers to temporarily employ noncitizens to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a fixed period of time, such as a one-time occurrence, seasonal need, or intermittent need. Employers seeking H-2B workers must take a sequence of steps to test the U.S. labor market. Additionally, they must certify in their petitions that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work for which they seek a prospective foreign worker. Furthermore, they must certify that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. Additional details on these safeguards, and on eligibility and filing requirements, will be available in the temporary final rule and the Cap Count for H-2B Nonimmigrants webpage.
To learn more, reach out to our skilled NYC temporary visas immigration lawyers today.
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.
