{"id":1606,"date":"2022-05-17T09:27:04","date_gmt":"2022-05-17T09:27:04","guid":{"rendered":"https:\/\/www.h1btransfersusa.com\/blog\/?p=1606"},"modified":"2022-05-17T09:27:06","modified_gmt":"2022-05-17T09:27:06","slug":"1606-2beginning-may-18-35000-additional-h-2b-visas-become-available-for-second-half-of-fy-2022","status":"publish","type":"post","link":"https:\/\/www.h1btransfersusa.com\/blog\/1606-2beginning-may-18-35000-additional-h-2b-visas-become-available-for-second-half-of-fy-2022\/","title":{"rendered":"Beginning May 18, 35,000 Additional H-2B Visas Become Available for the Second Half of FY 2022"},"content":{"rendered":"\n

The Department of Homeland Security (DHS<\/strong>) and the Department of Labor (DOL) announced a temporary final rule (TFR) <\/strong>to make available 35,000 <\/strong>extra H-2B nonagricultural worker<\/strong> visas during the second half of the fiscal year 2022. These additional H-2B Visas<\/strong> are for U.S. employers <\/strong>who attest that they are suffering or will suffer 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 after April 1, 2022<\/strong>, through Sept. 30, 2022.<\/strong><\/p>\n\n\n\n

The temporary last rule makes up to 23,500 visas <\/strong>available to returning workers who received an H-2B visa<\/strong> or were otherwise granted H-2B status <\/strong>during one of the last three fiscal years. The remaining 11,500 visas<\/strong> are excluded from the returning worker requirement, as attested by the petitioner (regardless of whether such nationals are returning workers). DHS made an advance announcement for this temporary final rule<\/strong> in March.<\/p>\n\n\n\n

Also, the rule grants portability to specific H-2B workers <\/strong>by allowing H-2B nonimmigrant workers<\/strong> currently in the United States. To start work with employment 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

35,000 Additional H-2B Visas were Available for the 2nd Half<\/h2>\n\n\n\n

DHS will subject employers that have committed specific labor law violations in the H-2B program<\/strong>. To extra scrutiny in the supplemental cap petition process. This additional scrutiny<\/strong> is aimed at ensuring compliance with H-2B program requirements and obligations.<\/p>\n\n\n\n

The semiannual cap of 33,000 visas <\/strong>for the second half of FY 2022 was reached on 25th February 2022<\/strong>. The FY 2022 omnibus spending regulation, which was enacted in March 2022. Permits DHS to approve extra H-2B nonimmigrant numbers <\/strong>beyond the fiscal year statutory quota. This number is in addition to the 20,000 supplemental H-2B visas<\/strong> made available in January of 2022. For the first half of FY 2022, for petitions with start dates on or before March 31, 2022.<\/strong> The new increase applies to FY 2022 only and does not affect the H-2B program in future fiscal years.<\/p>\n\n\n\n

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

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