DHS Issues Guidance on Additional H-2B Temporary Nonagricultural Visas Allocated for FY 2023
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The Department of Homeland Security (DHS) has guided the additional 64,716 H-2B temporary nonagricultural worker visas available for the fy 2023.
H-2B visas allow employers to bring workers to the United States to perform temporary nonagricultural seasonal work. The annual total of H-2B visas is limited by law to 66,000. There has been more demand than available visas in recent years. DHS announced in October 2022 that for the fiscal year 2023, 64,716 additional H-2B temporary nonagricultural worker visas would be available. During the fiscal year, DHS is setting out precisely for whom and when those visas will be available.
H-2B Temporary Nonagricultural Visas
Details for the additional allocation include:
Nationals of El Salvador, Guatemala, Haiti, and Honduras are eligible for an additional 20,000 visas.
- Employers who want to start in the first half of FY 2023 can submit petitions as soon as 15th December 2022, has passed.
- On January 3, 2023, premium processing will no longer be available.
- After the statutory cap for the second half of FY 2023 has been met, employers can file for start dates in the second half of that period for up to 15 days. This date will be announced publicly by USCIS.
Further, 18,216 additional visas are immediately available for returning workers from any eligible country.
- The start date must be requested in these petitions by 31st March 2023 or earlier.
- Premium processing will no longer be available on 3rd Jan 2023.
16,500 additional visas are available for returning workers from any eligible country.
- The start date for these petitions must be between 1st April 2023, and 14th May 2023.
- After the second half of the statutory cap has been met, petitions can be filed no earlier than 15 days later. This date will be announced publicly by USCIS.
10,000 additional visas are available for returning workers from any eligible country.
- The start date for these petitions must be between 15th May 2023, and 30th September 2023.
- After the statutory cap for the second half has been reached, petitions can be filed no earlier than 45 days later. This date will be announced publicly by USCIS.
Conclusion
Moreover, the California Service Center is where all additional allocation-related petitions must be filed. All employers requesting visas under the additional allocation must, among other requirements, attest:
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That if they are unable to employ all of the H-2B workers requested on the petition. Also, they will suffer irreparable harm or will suffer imminent harm, and employing H-2B workers. It will not have any negative effects on the wages and working conditions of U.S. workers with similar jobs.
