The Department of Homeland Security (DHS) and the Department of Labor (DOL) Adding 35,000 Additional Visas to H-2B Cap

Two passports one open with visa stamps and one on top of it

On March 31, 2022, the Department of Homeland Security (DHS) and the Department of Labor (DOL) announced that they will make available an additional 35,000H-2B temporary nonagricultural worker visas for the second half of fiscal year (FY) 2022. These visas will be reserved for U.S. employers seeking to employ additional workers on or after April 1, 2022, through September 30, 2022. The supplemental H-2B visa allocation consists of 23,500 visas available to returning workers, who received an H-2B visa or were otherwise granted H-2B status, during one of the last three fiscal years.

The other 11,500 visas are excluded from the returning worker requirement and are set aside for nationals of El Salvador, Guatemala, Haiti, and Honduras. “Informed by current demand in the labor market, today we are announcing the availability of an additional 35,000 H-2B visas that will help to support American businesses and expand legal pathways for workers seeking to come to the United States,” said DHS Secretary Alejandro N. Mayorkas.

What Are H-2B Visas?

The H-2B program allows employers to temporarily hire noncitizens to perform nonagricultural labor or services in the United States. The employment must be for a limited period of time, such as seasonal or intermittent need. Employers looking to hire H-2B workers must follow certain steps to test the U.S. labor market.

They must provide certification from the DOL that proves there is an insufficient number of U.S. workers who are able, willing, qualified, and available to do the temporary work for which they seek a prospective foreign worker. Additionally, the certification must prove that employing the H-2B workers will not adversely impact the wages and working conditions of similarly employed U.S. workers.


If you're in need of assistance with the H-2B process, please contact our firm at The Gillispie Law Firm today.


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