DHS Issues New Real About H-2B Visa Cap – What to Know

According to uscis.gov, “The Department of Homeland Security (DHS) and the Department of Labor (DOL) have published a joint temporary final rule making available an additional 22,000 H-2B temporary nonagricultural guest worker visas for fiscal year (FY) 2021 to employers who are likely to suffer irreparable harm without these additional workers. Of the supplemental visas, 6,000 are reserved for nationals of the Northern Triangle countries of Honduras, El Salvador, and Guatemala.” So, what does this mean? Read on to learn more.

What Is the H-2B Visa Program?

The H-2B visa programs allow United States employers to bring foreigners to the country in order to fill temporary nonagricultural jobs. The work is temporary, meaning it will only occur one time, it is seasonal work, or it is either peak-load or intermittent need. This is a highly competitive program for many people because the United States puts a cap on the number of people who are eligible to be employed as an H-2B nonimmigrant worker each year. As stated above, there will be an additional 22,000 of these visas available. In order to be eligible for this program, an employer must petition for the worker they are hiring. A petition involves proving that the United States does not have enough of its own workers who are able or willing to do the work. Additionally, the petitioning employer has to prove that there will be no negative impact on wages or working conditions of U.S. workers by hiring H-2B workers. Finally, petitioning employers must go through the United States Department of Labor in order to obtain a valid temporary labor certification.

If you have any questions or concerns about the H-2B Visa program, our firm is here to help. Reach out today to speak with an experienced attorney.

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