Articles Posted in nonimmigrant visas

The Secretary of the Department of Homeland Security, Alejandro Mayorkas stated that, “At a time of record job growth, additional H-2B visas will help to fuel our Nation’s historic economic recovery,”! The Department of Homeland Security (DHS) and the Department of Labor (DOL) announced on Monday, December 20th they were making an additional 20,000 H-2 B temporary nonagricultural worker visas for the first half of fiscal year (FY) 2022 available. They also announced that 6,500 of these additional H-2B visas were being set aside for nationals of Haiti and the Northern Triangle countries of Honduras, Guatemala, and El Salvador. Secretary Mayorkas also stated, “DHS is taking action to protect American businesses and create opportunities that will expand lawful pathways to the United States for workers from the Northern Triangle countries and Haiti. In the coming months, DHS will seek to implement policies that will make the H-2B program even more responsive to the needs of our economy, while protecting the rights of both U.S. and noncitizen workers.” 

 
Review the USCIS News Release for more details: For First Time, DHS to Supplement H-2B Cap with Additional Visas in First Half of Fiscal Year 

 
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After consulting with the Department of State (DOS), the Department of Homeland Security (DHS) announced the lists of countries whose nationals will be eligible to participate in the H-2A and H-2B nonimmigrant visa programs for the next year. This notice was published in the Federal Register on Nov. 10, 2021, listing the eligible countries. 

Please view this USCIS News Alert for more information and the complete list: DHS Announces Countries Eligible for H-2A and H-2B Visa Programs 

 
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USCIS Reaches H-2B Cap for First Half of FY 2022

On Wednesday, October 12, 2021, USCIS announced that it has reached the H-2B cap for the first half of fiscal year 2022. September 30, 2021 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before April 1, 2022. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of H-2B workers for the first half FY2022. USCIS continues to accept petitions that are exempt from the congressionally mandated H-2B cap.

The exceptions are listed below:

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.

The H-2B cap limit for first half of FY 2022 (October 1 – March 31) is 33,000. As of the last count (9/23/21); 25,546 beneficiaries have been approved and 5,245 are pending for a total of 30,791.


The H-2B cap limit for second half of FY 2022 (April 1 – September 30) is 33,000. As of the last count (9/23/21); 0 beneficiaries have been approved and 0 are pending for a total of 0.

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.

The H-2B cap limit for first half of FY 2022 (October 1 – March 31) is 33,000. As of the last count (8/26/21); 13,638 beneficiaries have been approved and 2,175 are pending for a total of 15,813.


The H-2B cap limit for second half of FY 2022 (April 1 – September 30) is 33,000. As of the last count (8/26/21); 0 beneficiaries have been approved and 0 are pending for a total of 0.

As of Friday, August 13th, USCIS has reached the cap for the FY 2021 H-2B supplemental visa temporary final rule! They have reached the 22,000 H-2B visas made available under this temporary change for the Northern Triangle countries (El Salvador, Guatemala, and Honduras).

Please view this USCIS News Alert for more details: Cap Reached for Remaining H-2B Visas for Returning Workers for FY 2021

 
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USCIS has launched a web-based “H-2B Employer Data Hub”! This web page allows you to select different H-2B Visa data points, such as cap fiscal year (back to FY 2015), and many others to search areas related to H-2B. They stated that the data hub is part of their efforts to increase transparency to the public and users.

Please view this USCIS News Alert for more details: USCIS Launches H-2B Employer Data Hub

USCIS Webpage: H-2B Employer Data Hub

USCIS has announced that they have reached the 16,000 additional petitions needed for the H-2B supplemental cap for fiscal year (FY) 2021! They will continue to accept petitions for H-2B nonimmigrant workers for the additional 6,000 petitions for Northern Triangle countries of Honduras, El Salvador, and Guatemala. This temporary final rule supplements the H-2B Visa Cap by adding 22,000 to the amount accepted for this FY. This will affect H-2B temporary nonagricultural guest worker visas for FY 2021!

Please view this USCIS News Alert for more details: Cap Reached for Additional Returning Worker H-2B Visas for FY 2021

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The U.S. Departments of Homeland Security (DHS) and the U.S. Department of Labor (DOL) have issued a Joint Rule supplementing H-2B Visa Cap by 22,000. This will affect H-2B temporary nonagricultural guest worker visas for fiscal year (FY) 2021! They are trying to help employers who are likely to suffer irreparable harm without these additional workers during this period. The supplemental H-2B visa allocation will consist of 16,000 visas available only to returning H-2B workers from one of the last three fiscal years, FY 2018 through FY 2020, and 6,000 visas for Northern Triangle countries of Honduras, El Salvador, and Guatemala.

Please view this USCIS News Release for more details: U.S. Departments of Homeland Security and Labor Issue Joint Rule Supplementing H-2B Visa Cap

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The Department of Homeland Security (DHS) will issue a final rule on Wednesday, May 19th, that will remove the interim final rule (IFR) issued on October 8, 2020, Strengthening the H-1B Nonimmigrant Visa Classification Program which was put in place by the Trump Administration. On December 1, 2020, the U.S. District Court for the Northern District of California vacated that IFR. This new final rule restores the regulatory text as it appeared before the October 8, 2020 IFR.

Please view this USCIS News Alert for more details: DHS Issues Final Rule to Remove Vacated H-1B Rule from Code of Federal Regulations

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