DHS to Increase the H-2B Visa Cap for FY 2022

Practice Areas

By: Vandana Marath

The Department of Homeland Security (DHS) will publish a temporary final rule adding 35,000 visas to the H-2B visa cap for fiscal year (FY) 2022. The supplemental visas will be open to certain employers hiring temporary nonagricultural workers between April 1, 2022 and September 30, 2022.

The supplemental H-2B visas will include 23,500 visas for workers who received an H-2B visa within the previous three fiscal years. The remaining 11,500 visas will be set aside for nationals of Haiti, Honduras, Guatemala, and El Salvador.

Filing Requirements

Eligible employers can submit petitions for the supplemental H-2B cap by filing Form I-129, Petition for a Nonimmigrant Worker after the temporary final rule is published. To qualify, an employer must comply with labor laws and show their business is experiencing or will experience irreparable harm without additional workers.

decisions issued Between november 1, 2021 AND July 25, 2022

For USCIS decisions made between November 1, 2021, and July 25, 2022,  the agency will consider Forms I-290B or N-336 received up to 90 calendar days from their decision dates.

Conclusion

Details regarding employer and employee eligibility and filing requirements are available online at the Cap Count for H-2B Nonimmigrants website. For assistance filing for a supplemental H-2B visa, please contact your Chugh, LLP immigration professional.

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