The Department of Homeland Security (DHS) and the Department of Labor (DOL) recently reported the availability of 20,000 additional H-2B temporary nonagricultural worker visas for the first half of fiscal year (FY) 2022. These visas are for U.S. employers that are encountering irreparable harm without more workers and are looking to employ additional workers on or before March 31, 2022.
“DHS is taking action to handle the demands of our economy by creating an additional 20,000 H-2B visas available to workers,” said Secretary Mayorkas. “We are providing employers with the resources and support needed to sustain their businesses while expanding lawful pathways to the United States. At the same time, DHS and DOL are protesting against the exploitation of H-2B workers.”
To learn more about this new announcement, do not wait to reach out to an experienced employment immigration lawyer in NYC. Our legal team is on your side no matter what.
When will the additional H-2B visas become available?
This supplemental cap enlargement, which comes at a time of record job growth and reduced labor force participation, marks the first time that DHS is making further H-2B visas available in the first half of the fiscal year. DHS first reported the joint temporary final rule in December 2021. The additional H-2B visas will become public to employers on January 28, 2022.
The supplemental H-2B visa portion consists of 13,500 visas available 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 excused from the returning worker requirement, are dedicated to nationals of Haiti, El Salvador, Guatemala, and Honduras.
The H-2B program allows employers to temporarily hire noncitizens to perform nonagricultural labor or services in the United States. It is important to understand that the employment must be for a fixed period of time, such as a one-time occurrence, seasonal, or intermittent need. Employers aiming to hire H-2B workers must take a series of steps to test the U.S. labor market. They must supply certification from the Department of Labor that proves 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, and that employing the H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. Further 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.
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.