An additional 20,000 H-2B temporary nonagricultural worker visas will be available for the first half of FY 2022, per the Department of Homeland Security (DHS) and the Department of Labor (DOL). The visas are being made available to U.S. employers encountering irreparable harm to their companies if unable to find workers as well as those looking to hire more workers on or before March 31, 2022.

 

As the U.S. continues to face labor shortages at a time when job growth is high, this supplemental cap increase addresses the need. This is the first time DHS is offering incremental H-2B visas in the first half of the fiscal year. Visas will be available on January 28, 2022, for qualifying roles.

 

The incremental 20,000 H-2B visas include 13,500 available for returning workers who have previously received an H-2B visa or were granted an H-2B visa, in the last three fiscal years. The remaining 6,500 H-2B visas are reserved for individuals from Haiti, El Salvador, Guatemala, and Honduras.

 

H-2B visas give U.S. employers the option to temporarily hire noncitizens in nonagricultural labor or services. To qualify, employment must be temporary for a specific period of time, including seasonal or intermittent needs. To qualify for an H-2B visa, employers must first provide certification from the DOL that there are no available U.S. workers who are able, willing, qualified, and available to fill the role. They must also prove that the wages they are paid won’t adversely affect the working conditions or wages of other employees in similar roles.

 

DHS and DOL also emphasized they are closely monitoring the exploitation of H-2B visa workers.

  

The joint temporary final rule can be found in the Federal Register here.

 

If you have questions about the H-2B visa program or any other immigration-related issue, contact us at ILBSG.

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