DHS to extend U.S. temporary work visa limit during first half of 2022

UNITED STATES – The Department of Homeland Security (DHS) and the Department of Labor (DOL) announced the forthcoming publication of a rule to make available an additional 20,000 H-2B nonagricultural worker visas for fiscal year 2022.

These visas will be reserved for U.S. employers who wish to employ additional workers on or before March 31, 2022.

DHS reported that this supplemental cap, marks the first time additional H-2B visas are made available in the first half of the year. 

In early 2021, U.S. Citizenship and Immigration Services (USCIS) received sufficient worker petitions for an additional 22,000 H-2B visas.

The allocation of this type of supplemental visas consists of 13,500 credentials for returning workers who received an H-2B visa, or were otherwise granted status during one of the last three fiscal years. 

On the other hand, the remaining 6,500 visas, which are exempt from the returning worker requirement, are reserved for nationals of Haiti and the Northern Triangle countries (Honduras, Guatemala and El Salvador).

“At a time of record job growth, the additional H-2B visas will help fuel our nation’s historic economic recovery,” said Secretary Mayorkas.

In the coming months, DHS will seek to implement policies that make the H-2B program even more responsive to the needs of the U.S. economy while protecting the rights of U.S. workers and non-citizens.

In addition, DHS indicated that it intends to publish a separate notice of proposed rule that will modernize and reform the H-2B program.  The proposed rule will incorporate program efficiencies and protect against worker exploitation.

The H-2B program allows employers to temporarily hire workers without U.S. citizenship to perform non-agricultural work or services in the country. 

Importantly, the employment must be temporary in nature for a limited period of time, such as a one-time occurrence, seasonal or intermittent need.

Source: MEXICO-NOW Staff