The Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced the forthcoming publication of a joint temporary final rule to make available an additional 20,000 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2022. These visas will be set aside for U.S. employers seeking to employ additional workers on or before March 31, 2022.
This supplemental cap marks the first time that DHS is making additional H-2B visas available in the first half of the fiscal year. Earlier this year, USCIS received enough petitions for returning workers to reach the additional 22,000 H-2B visas made available under the FY 2021 H-2B supplemental visa temporary final rule.
The supplemental H-2B visa allocation consists of 13,500 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 6,500 visas, which are exempt from the returning worker requirement, are reserved for nationals of Haiti and the Northern Triangle countries of Honduras, Guatemala, and El Salvador.
DHS intends to issue a separate notice of proposed rulemaking that will modernize and reform the H-2B program. The proposed rule will incorporate program efficiencies and protect against the exploitation of H-2B workers.
Akula & Associates will continue to monitor this issue. Please visit our website at www.akulalaw.com or call our office at 972-241-4695 for more updates. Follow us on Facebook at Akula & Associates and on Instagram at akulalaw.