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U.S. officials have announced that an additional 35,000 H-2B temporary nonagricultural worker visas will be available during the second half of fiscal year (FY) 2022. According to the Department of Homeland Security (DHS) and the Department of Labor (DOL) of the US, H-2B visas are for US employers seeking to hire additional workers on or after April 1, 2022, through September 30, 2022.
Secretary Alejandro N Mayorkas said that the additional H-2B visas will help employers meet the demand for seasonal workers at this critical time. He added that the visas are accompanied by significant worker protections and provide a legal pathway for individuals to come to the United States to earn wages in jobs that are not filled by American workers.
Homeland Security stated that the supplemental H-2B visa allocation consists of 23,500 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 11,500 visas are reserved for nationals of El Salvador, Guatemala, Honduras, and Haiti, regardless of whether they are returning workers. The semiannual cap of 33,000 visas for the second half of FY 2022 was reached on February 25, 2022.
The H-2B program permits employers to temporarily hire noncitizens to perform nonagricultural labor or services in the United States. The employment must be for a limited period of time, such as a one-time occurrence, or seasonal or intermittent need. Employers seeking to hire H-2B workers must take a series of steps to test the U.S. labor market. They must submit a certification from the Department of Labor proving 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, and that employing the H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The Department of Homeland Security will subject employers who have violated labor law in the H-2B program to additional scrutiny in the supplemental cap petition process. The additional scrutiny is intended to ensure compliance with H-2B program requirements and obligations.
The joint temporary final rule can be found on the Federal Register website.
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