{"id":1296,"date":"2022-01-28T09:27:34","date_gmt":"2022-01-28T09:27:34","guid":{"rendered":"https:\/\/www.h1btransfersusa.com\/blog\/?p=1296"},"modified":"2022-01-28T09:27:36","modified_gmt":"2022-01-28T09:27:36","slug":"dhs-dol-issues-temporary-final-rule-for-supplemental-h-2b-visa-allocation","status":"publish","type":"post","link":"https:\/\/www.h1btransfersusa.com\/blog\/dhs-dol-issues-temporary-final-rule-for-supplemental-h-2b-visa-allocation\/","title":{"rendered":"DHS Announces Availability of 20,000 Additional H-2B Visas for First Half of FY 2022"},"content":{"rendered":"\n

H-2B Visa Allocation: Starting 28th January<\/strong> and through 31st March 2022, employers will be able to petition for an additional 20,000 H-2B quota<\/strong> numbers for temporary non-agricultural positions <\/strong>with start dates on or before 31st March 2022.<\/p>\n\n\n\n

The U.S. Department of Homeland Security (DHS) along with the U.S. Department of Labor (DOL) gave a joint temporary final rule <\/strong>to increase the number of H-2B temporary nonagricultural worker visas<\/strong> for fiscal year (FY) 2022 making available an additional 20,000 visas.<\/strong> These extra visas are for U.S. employers<\/strong>, which bear witness to that they are suffering irreparable harm, or will suffer impending irreparable harm without the ability to employ all the H-2B workers<\/strong> requested in their petition, and who need to fill positions with start dates on or before 31st March 2022<\/strong>.<\/p>\n\n\n\n

H-2B Visa Allocation<\/h2>\n\n\n\n

The supplemental H-2B visa allocation<\/strong> comprises 13,500<\/strong> visas available only to returning workers who received an H-2B visa or were generally granted H-2B status<\/strong>. During one of the last three fiscal years (FY 2019, 2020, or 2021). The remaining 6,500 visas<\/strong> are absolved from the returning worker requirement.<\/strong> Which are saved for nationals of Honduras, Guatemala, and El Salvador (collectively called the Northern Central American Countries), as well as for nationals of Haiti.<\/p>\n\n\n\n

Returning H-2B workers<\/strong> have demonstrated their ability to abide by the terms and conditions of the H-2B program<\/strong> and, therefore, are less likely to stay in the United States and work without authorization after their legal status<\/strong> expires. H-2B workers often return to a similar employer year after year on a seasonal basis. They are vetted and trusted and can have their visas approved<\/strong> rapidly because of their known history.<\/p>\n\n\n\n

Also, the rule grants portability to specific H-2B workers by allowing H-2B nonimmigrant workers<\/strong>. Currently in the United States to starting work with a new H-2B employer<\/strong> or agent once. USCIS gets a timely filed, non-frivolous H-2B petition<\/strong> but before the petition is approved.<\/p>\n\n\n\n

Filing instructions<\/h3>\n\n\n\n

To qualify for the extra H-2B visas<\/strong>, employers should submit the following to USCIS on or before 31st March 2022<\/strong>:<\/p>\n\n\n\n