H-2B Visas Increase And Portability
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H-2B Visas Increase: To help employers dealing with work deficiencies because of the limits on H-2B temporary, seasonal visas, a new rule issued by the Department of Labor (DOL) expands the H-2B numerical limits. Also, DOL published a rule that allows H-2B nonimmigrant workers effectively in the United States to start work quickly with a new employer after an H-2B petition has been filed if it is supported by a valid Temporary Labor Certification (TLC) received by USCIS even if it is not yet approved.
The new rules do not apply to employees who are continuing to work with a similar employer. Those employees are not “compact,” rather they are qualified to keep working for up to an extra 240 days if the extension of stay was timely filed.
Portability for workers changing employers applies if:
- The H-2B expansion was received before May 25 and is pending on 25th May 2021; or
- USCIS gets the H-2B petition between May 25 and 22nd November 2021.
H-2B Visas Increase And Portability
First, the new employee might be employed for up to 60 days starting on the employment start date of the petition or 25th May 2021, whichever is later.
Second, the 60-day period starts on the Received Date of Form I-797, Notice of Action. Acknowledging receipt of the petition or the employment start date, if later than the receipt date.
Finishing a Form I-9, Employment Eligibility Verification, for H-2B portability requires:
- An unexpired Form I-94, Arrival/Departure Record demonstrating H-2B status and the employee’s foreign passport constitute a List A Document
- In Section 2, List A enter:
- Unexpired foreign passport information
Unexpired Form I-94 information
Enter “60-Day Ext.” and the date extension of stay petition was submitted to USCIS in the Additional Information field - Employment authorization should be reverified in Section 3 by the end of the 60-day period or when a decision is gotten from the USCIS, whichever is sooner.
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If USCIS denies the petition or the new petition is removed by the employer before the 60-day period lapses. USCIS will automatically terminate the worker’s employment authorization 15 calendar days after the denial or the withdrawal.
Although the new allotment of H-2Bs has been grabbed up. There are still some H-2B visas available for employees from the Northern Triangle nations. If those are not all allotted by 8th July 2021, the remaining visas will be released by the end of July.
