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Temporary Final Rule: Supplemental H-2B Visa Allocation

Temporary Final Rule: Supplemental H-2B Visa Allocation

Temporary Final Rule: Supplemental H-2B Visa Allocation

The Department of Homeland Security (DHS) and the Department of Labor (DOL) announced today a temporary final rule (TFR) to make available an additional 35,000 H-2B nonagricultural worker visas during the second half of fiscal year 2022. These additional visas are for U.S. employers who attest that they are suffering or will suffer irreparable harm without the ability to employ all the H-2B workers requested in their petition, and who need to fill positions with start dates on or after April 1, 2022, through Sept. 30, 2022.

The temporary final rule makes up to 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, which are exempt from the returning worker requirement, are reserved for nationals of El Salvador, Guatemala, Honduras, and Haiti, as attested by the petitioner (regardless of whether such nationals are returning workers). DHS made an advance announcement for this temporary final rule in March.

The rule also grants portability to certain H-2B workers by allowing H-2B nonimmigrant workers already in the United States to begin employment with a new H-2B employer or agent once USCIS receives a timely filed, non-frivolous H-2B petition but before the petition is approved.

DHS will subject employers that have committed certain labor law violations in the H-2B program to additional scrutiny in the supplemental cap petition process. This additional scrutiny is aimed at ensuring compliance with H-2B program requirements and obligations.

For More Information:

Additional details on eligibility and filing requirements will be available in the temporary final rule and the Temporary Increase in H-2B Nonimmigrant Visas for FY 2022 webpage.

For more information on USCIS and its programs, please visit uscis.gov or follow us on TwitterInstagramYouTubeFacebook, and LinkedIn.

Carlos Sandoval

Carlos Enrique Sandoval, Attorney, member of the FL Bar, AILA and licensed to practice law by the Supreme Court and the Federal Court for the Southern District of Florida.

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