Many enterprise house owners and employers within the U.S. will probably be glad to know that the Division of Homeland Safety and the Division of Labor has made 35,000 extra H-2B seasonal international employee visas obtainable for the second half of 2022. These are particularly for employed employees on or after April 1, 2022, by means of September 30, 2022.
These extra H-2B visas will assist employers meet the demand for seasonal employees at this most important time, when there’s a severe labor scarcity,” mentioned Secretary Alejandro N. Mayorkas. “The visas are accompanied by important employee protections and supply a protected and lawful pathway for people to return to the US and earn wages in jobs that aren’t stuffed by American employees.
H-2 Visa Eligibility Necessities
Most international nationals in hospitality, development, agriculture/landscaping, and different positions not requiring specialised expertise on a seasonal foundation. With labor shortages in lots of industries rampant, this can assist compensate for the labor hole. Competitors for these 35,000 supplemental visas is stiff, nonetheless.
Based on Tim Hygh, govt director for the Mackinac Island Tourism Bureau in Michigan, “there are roughly 100,000 [Department of Labor]-certified requests combating over these extra 35,000 supplemental visas, so whereas it is a much-needed step ahead, there are nonetheless over 60,000 confirmed requests that may go unanswered.”
H-2B visas are solely legitimate for a brief interval. After the season expires, the employee can prolong it in one-year increments (as much as three years max) or change it. If they modify it, they have to return to their house nation for no less than three months. The employer can not sponsor an H-2 employee for everlasting residency.
The employer’s job place to qualify for an H-2B visa should meet the next standards:
- Non-agricultural employment
Youngsters below 21 years outdated and spouses of H-2 visa recipients can get H-4 visas. H-4 visas have the identical validity interval because the H-2 visa.
The place Did the Further Visas Come From?
In 2021, President Biden eliminated the ban on guest-worker visas beforehand put in place by the Trump administration. Following the change, Biden added visas to the fiscal allocation.
DHS distributes the extra 35,000 extra H-2B visas as follows:
- 23,500 to returning employees who had H-2B visas earlier than or had standing throughout one of many previous three years
- 11,500 for nationals of Honduras, El Salvador, Guatemala, and Haiti (no matter if they’re returning employees).
There may be an annual cap of 66,000 visas. The semiannual cap of 33,000 visas was reached on February 25, 2022. As soon as the H-2B cap is reached, USCIS could solely settle for petitions for H-2B employees exempt from the H-2B cap.
Directions to File for H-2 Visa
Employers fascinated about sponsoring international nationals on an H-2 visa should first check the U.S. market and supply a Labor Certification Utility to the Division of Labor demonstrating that there aren’t sufficient home employees who’re certified, in a position, and keen to take the positions they’re providing and that the wages they’re providing the international employees don’t negatively impression equally employed employees within the U.S.
Employers should additionally make different recruitment efforts like inserting a job advert in a related State Workforce Company for at the very least fifteen calendar days. After receiving short-term labor certification, the petitioning employer should file Type I-129 with USCIS. As soon as the federal government approves the I-129, employees abroad should apply for the visa at a U.S. Embassy or Consulate close to them. In conditions the place the H-2B visa shouldn’t be required, employees can search entry at a port of entry.
H-2B Eligible Nations
International nationals from the next international locations are eligible for this system:
For those who discover that you simply don’t meet the factors for an H-2B visa, there are different choices. Contact us to schedule a session and discover what different immigration choices you could qualify for.