By: Ujwala Bagal

A new temporary final rule (TFR) announced by the Department of Homeland Security (DHS) and the Department of Labor (DOL) will make an additional 35,000 H-2B nonagricultural worker visas available for the second half of the current fiscal year.

The additional visas will be given to employers who can demonstrate they are suffering or will suffer irreparable harm if they do not employ all the H-2B workers they requested in their petition. The allocated visas will apply to new workers with hire dates between April 1, 2022, and September 30, 2022.

The TFR will provide up to:

    23,500 visas for returning workers who previously received an H-2B visa or were granted H-2B status in the last three fiscal years, and
    11,500 visas for nationals of El Salvador, Guatemala, Honduras, and Haiti, irrespective of returning worker status.

Additionally, H-2B nonimmigrants currently in the United States will now be allowed to begin employment with a new employer or agent once United States Citizenship and Immigration Services (USCIS) receives a new, timely-filed, non-frivolous H-2B petition before the petition is approved.

DHS will apply further scrutiny to employers that have previously committed certain labor law violations in the supplemental cap petition process. This helps ensure all employers are compliant with USCIS rules and regulations.

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For assistance in filing an H-2B petition, case specific questions, or additional information, contact your trusted Chugh, LLP immigration professional.