DOL, DHS Increase Number of H-2B Visas for Summer

Employers can now petition for H-2B visas for seasonal foreign workers this summer. 

The Department of Homeland Security and U.S. Department of Labor increased the number of non-citizens who can receive H-2B nonimmigrant visas by 35,000 in May. 

The additional visas are for workers employed between April 1, 2022 and Sept. 30, 2022. 

Of the 35,000 visas, 23,500 are reserved for returning H-2B workers. This means someone who received an H-2B visa during one of the past three fiscal years. 

Another 11,500 of the newly released visas are available for workers from El Salvador, Guatemala, Haiti, and Honduras, regardless of whether they are returning workers. 

“The visas are accompanied by significant worker protections and provide a safe and lawful pathway for individuals to come to the United States and earn wages in jobs that are not filled by American workers,” DHS Secretary Alejandro Mayorkas said. 

Employers can apply to use H-2B visas to temporarily hire noncitizens to perform labor outside of the agricultural industry. 

Employers must provide DOL with certification that proves there are not enough workers in the U.S. who are able, willing, qualified, and available to do the work. 

They also must prove that hiring a H-2B worker will not adversely impact the wages and working conditions for similarly employed U.S. workers.