A joint temporary final rule will be released by the Department of Homeland Security (DHS) and the Department of Labor (DOL) making an additional 35,000 H-2B temporary nonagricultural worker visas available. The visas will be available for the second half of FY 2022. The visas are specified for U.S. employers looking for additional workers on or after April 1, 2022, through September 30, 2022. The additional visas are an effort to fill current labor market needs in the U.S. and provide more options for workers who wish to come to the U.S. Employers with a history of violating obligations for the H-2B visa holder workers will see a higher level of scrutiny.

The allotment of 35,000 are available to two specific qualifying status. 23,500 of the incremental visas are held for returning workers with an H-2B visa or granted H-2B status, in one of the previous three fiscal periods. The remaining 11,500 are held for Haiti, Honduras, Guatemala, and El Salvador nationals. Individuals applying for these additional visas are not required to fulfill the returning worker requirement.

H-2B visas are offered to help U.S. companies find the employees they need for nonagricultural labor or services for a limited time period. These could be for one-time roles, seasonal help, or fulfilling an intermittent need. Interested U.S. companies must provide proof that there are not sufficient workers available in the U.S. labor market to fill the roles. In addition, engaging foreign workers through the H-2B program cannot negatively affect wages or the working conditions of U.S. workers in similar roles.

This is the second incremental allotment for H-2B workers in 2022. In January of this year, DHS and DOL made an additional 20,000 H-2B temporary nonagricultural worker visas available for the first half of FY 2022. More details will be shared when the final rule is published.

ILBSG continues to actively monitor ongoing updates to immigration issues to ensure our clients get the right advice. If you have questions about the H-2B program or any other immigration-related topic, contact us at ILBSG. We work with you for your specific situation.

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