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Many enterprise homeowners and employers within the U.S. might be completely satisfied to know that the Division of Homeland Safety and the Division of Labor has made 35,000 extra H-2B seasonal overseas employee visas accessible for the second half of 2022. These are particularly for employed staff on or after April 1, 2022, by September 30, 2022.
These extra H-2B visas will assist employers meet the demand for seasonal staff at this most crucial time, when there’s a critical labor scarcity,” mentioned Secretary Alejandro N. Mayorkas. “The visas are accompanied by important employee protections and supply a secure and lawful pathway for people to return to the US and earn wages in jobs that aren’t stuffed by American staff.
H-2 Visa Eligibility Necessities
Most overseas 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 may assist compensate for the labor hole. Competitors for these 35,000 supplemental visas is stiff, nonetheless.
In accordance with Tim Hygh, government director for the Mackinac Island Tourism Bureau in Michigan, “there are roughly 100,000 [Department of Labor]-certified requests preventing over these extra 35,000 supplemental visas, so whereas this can be a much-needed step ahead, there are nonetheless over 60,000 confirmed requests that can go unanswered.”
H-2B visas are solely legitimate for a brief interval. After the season expires, the employee can lengthen it in one-year increments (as much as three years max) or change it. If they modify it, they need to return to their residence 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 permanent/Seasonal
- Full-time
- 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Youngsters below 21 years outdated and spouses of H-2 visa recipients can get H-4 visas.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 Extra 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 staff 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 staff).
There’s 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 staff exempt from the H-2B cap.
Directions to File for H-2 Visa
Employers all in favour of sponsoring overseas nationals on an H-2 visa should first take a look at the U.S. market and supply a Labor Certification Software to the Division of Labor demonstrating that there should not sufficient home staff who’re certified, ready, and keen to take the positions they’re providing and that the wages they’re providing the overseas staff don’t negatively influence equally employed staff within the U.S.
Employers should additionally make different recruitment efforts like putting a job advert in a related State Workforce Company for no less than fifteen calendar days. After receiving momentary labor certification, the petitioning employer should file Type I-129 with USCIS. As soon as the federal government approves the I-129, staff abroad should apply for the visa at a U.S. Embassy or Consulate close to them. In conditions the place the H-2B visa isn’t required, staff can search entry at a port of entry.
H-2B Eligible Nations
Overseas nationals from the next international locations are eligible for this system:
In the event you 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 chances are you’ll qualify for.
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