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The H-2B visa statistical limit (or cap) was increased by up to 35,000 additional visas. Furthermore, this is for employment with start dates in the second half of fiscal year (FY) 2022 by the Department of Homeland Security (DHS) and the Department of Labor (DOL), jointly publishing a temporary final rule on May 16, 2022.
These supplementary visas are only available to U.S. businesses that, as attested by the employer on a new attestation form, are now suffering or will soon suffer an irreparable loss due to not being able to hire all the H-2B employees requested in their petition.
Only returning workers are eligible for 23,500 of the 35,000 new visas (workers who received an H-2B visa or were otherwise granted H-2B status in one of the last three fiscal years). Nationals of El Salvador, Guatemala, Honduras, and Haiti, who are exempted from the returning employee requirement, will receive the remaining 11,500 visas.
These nations are referred to collectively as Northern Central American countries. This increase is based on the time-limited statutory authority that does not affect the H-2B program in future fiscal years.
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The cap has been raised according to Section 204 of Division O of the Consolidated Appropriations Act, 2022, Public Law 117-103, which gave the secretary of DHS the power to make more H-2B visas available for FY 2022. The demands of businesses as well as other issues, such as the effect on American workers.
And, the integrity of the H-2B program, were taken into account before the additional visa numbers were approved by the secretary of homeland security in collaboration with the secretary of labour.
Who Can Petition for the Additional H-2B Visa?
Only U.S. companies or businesses that cannot employ all of the H-2B employees they request on their Form I-129 petition for the second half of this fiscal year or those who will suffer irreparable loss (permanent and significant financial loss) and will imminently suffer irreparable harm.
Additionally, unless they are requesting workers under the 11,500 Northern Central American/Haiti quota, companies may only petition for workers who have been awarded an H-2B visa or other H-2B status in FY 2019, 2020, or 2021.
The joint interim final rule’s provisions on the 35,000 extra visas do not apply to petitions that are exempt from the H-2B cap, such as those submitted on behalf of certain fish roe processors or as part of an H-2B extension of stay request.
Those petitions may still be submitted following the H-2B program’s standard regulations.
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