An additional 20,000 H-2B visas for temporary nonagricultural worker will soon be available for the current fiscal year. The Department of Homeland Security (DHS) announced a joint temporary final rule making these FY22 H-2B visas available. They are set aside for U.S. employers to hire additional workers before March 31, 2022.

Of the 20,000 FY22 H-2B visas, 13,500 are for returning workers who were granted an H-2B visa within the last three years, from fiscal years 2019, 2020, and 2021. The remaining visas, 6,500, do not require a previous H-2B visa and are reserved for individuals from El Salvador, Guatemala, and Honduras.

In addition, the ruling allows qualifying H-1B workers already in the country to change jobs to another H-2B employer once U.S. Citizenship and Immigration Services (USCIS) receives a timely filed petition. The job change can happy prior to the petition being approved. This allowance lets individuals change employers faster if they have been subject to unsafe or abusive working conditions.

Individuals must wait for the final rule to be published. Once that is complete, eligible employers can file Form I-129, Petition for a Nonimmigrant Worker. To qualify, the business must prove they are suffering irreparable harm or anticipate the impending irreparable harm if the additional employees aren’t hired. Other requirements are outlined in the final ruling.

If you have questions about the H-2B program or any immigration-related issue, contact us. We monitor ongoing changes to policy and programs and work with you through every step.