The policies and rules around employment-based visas are seemingly in a constant state of flux these days. It may appear, based on what some politicians say, that the federal government is striving to drastically cut back on virtually all immigration into the U.S.
However, that’s not true in every case. For example, two federal agencies announced a temporary rule at the end of January that would raise the limit on H-2B nonimmigrant visas for the current fiscal year (FY) to almost 65,000. Of these visas, over 46,000 must go to workers who previously had an H-2B visa or H-2B status during the past three fiscal years. The other allotted visas can be used to bring in workers from May through September for “late-season” employer needs.
The H-2B visa program allows U.S. employers to bring foreign nationals into the country to do “temporary nonagricultural jobs” when they can’t get enough U.S. workers to meet their needs. These are often seasonal jobs in hospitality, tourism, landscaping and construction that require added workers during “busy” seasons. For example, here in Florida, hospitality and tourism-related jobs are among those that are more plentiful during the summer.
When do employers qualify to make use of these additional visas?
The Department of Labor (DOL) and the Department of Homeland Security (DHS) agreed that these H-2B visas would go to “U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition…” according to U.S. Citizenship and Immigration Services (USCIS).
Employers and workers can understandably be confused and concerned about changing rules, laws, caps on visas and procedures. Caps are reached very quickly as employers race to get in their petitions. Getting experienced legal guidance can help navigate the immigration system in the U.S. and help ensure that you have the most current information.