BREAKING NEWS: DHS and DOL to Add 35,000 H-2B Visas for Second Half of FY2022

The Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced plans to add 35,000 H-2B visas for the second half of fiscal year 2022. This period includes employment start dates from April 1, 2022 through September 30, 2022. The additional visas would more than double the statutory allocation of 33,000 H-2B visas, reached on February 25, 2022. According to the forthcoming joint temporary final rule, 23,500 of the additional visas will be set aside for returning workers, i.e., those who received an H-2B visa or were otherwise granted H-2B status, during one of the last three fiscal years. The remaining 11,500 visas are reserved for nationals of Haiti, Honduras, Guatemala, and El Salvador.

The H-2B visa is nonimmigrant visa for temporary nonagricultural labor or services in the United States. Employers who wish to hire H-2B workers must obtain a prevailing wage determination and agree to offer a wage that equals or exceeds the prevailing wage or applicable minimum wages, whichever is higher. The employer must also demonstrate that offering work to H-2B workers will not displace qualified U.S. workers.

If your business is in need of nonagricultural labor for a limited period of time (e.g., a one-time occurrence, seasonal, or intermittent need), give us a call so we can discuss whether the H-2B program can help fill that need.