US Hits H-2B Visa Limit For First Half Of FY 2022. What is H-2B visa ?

Employers can no longer recruit foreign workers under the H-2B visa program for the first half of fiscal year 2022 after the federal government announced that it reached its statutory visa cap on Sept.

30. U. S. Citizenship and Immigration Services said Tuesday that it had already received enough applications to exhaust the 33,000 visas available under the nonagricultural guest worker program, which allows domestic businesses to temporarily hire foreign workers in seasonal industries, such as landscaping, construction and hospitality. “USCIS will reject new cap-subject H-2B petitions received after Sept. 30 that request an employment start date before April 1, 2022,”

First half of 2022 H-2B Cap Met

Today, the Seasonal Employment Alliance relased the following update regarding the first half of the Fiscal Year 2022 H-2B visa cap.

his includes over half the Alaska seafood petitions.

A few notes:

If visas are released, a portion of the release will include an allocation for the Northern Triangle countries.

The Seasonal Employment Alliance (SEA) has been working with the administration since late July on a potential First Half/Continuing Resolution (CR) visa release. The administration was likely responsible for inserting the language in the CR that makes clear their authority to release additional visas extends in the CR.

The SEA is working with it’s Alaska seafood colleagues on our grassroots outreach campaign. They have committed to requesting a portion of the 3,500 workers they need from the Northern Triangle countries. This should be helpful in our effort to secure a first half visa release.

The SEA will continue it’s outreach and conversations with the administration but in addition, you should contact your members of Congress to notify them that the first half cap is met and ask them to reach out to DHS to request that they immediately exercise their authority to release additional visas given to them in the CR.

Mid-year cap reached for H-2B immigration visa applications

U.S. Citizenship and Immigration Services has enough petitions to reach the 33,000 cap for the first half of fiscal year 2022 on the H-2B visa program that lets employers hire foreign workers.

Such employees, LeadingAge told the McKnight’s Business Daily previously, could be employed as short-term personal care aides, nursing assistants and home health aides.

Earlier this year, President Biden directed the secretary of homeland security to increase the statutory limit from 22,000 to 33,000 H-2B immigrant visas per half-year. Sept. 30 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2022. The agency will not accept additional H-2B visa applications for employment starting before next April.

What is an H2B Visa?

H-2B is a type of visa provided by the United States Citizenship and Immigration Services.

This is intended specifically for allowing companies to bring in aliens to work in the non-agricultural sector within the US for a certain time period. The form is filled by the US-based agents or employers who want to bring in the temporary workforce from outside the US. The workers are then granted H-2B Visa.

The USCIS has capped the total number of H-2B visas to be granted at 66,000. The visas are granted on a first-come-first-serve basis. The Visa is granted in two batches (33,000 per batch), one during January and another during June. Most businesses looking forward to H-2B Visa apply on the first day of every year, i.e., the New Year’s Day. The application thus granted begins from April 1st for six-months.

Difference between H1B and H2B Visa

When you’re applying for H-2B Visa, you need to understand the difference between an H-1B and H-2B Visa. People often get confused between these two similar-looking forms. H-1B visas are for the employment of skilled workforce who possess university degrees and experience in a certain domain.

These applicants, if approved, are granted a period of three to six years. Whereas, H-2B visa holders are allowed for one year, with renewal for two years. Furthermore, H-1B visa holders aren’t required to leave the country after the position ends, but H-2B visa holders are.

There’s another form called H-2A, which is for temporary workers to be involved in the agricultural sector. This shouldn’t be mistaken for temporary employment in the non-agriculture sector.

Who Qualifies for an H-2B Visa?

The beneficiary in question who is supposed to be granted an H2B Visa should meet the criteria as specified by DOL (us Department of Labor). First and foremost, USCIS only permits workers from certain countries. This is revised and published in the Federal Register notice every year. Nonimmigrants who are considered temporary hires are permitted for H2B Visa.

The need can be a one-time occurrence, seasonal, or peak load need, but should be mandatorily temporary for a certain period of time. Next, they cannot be involved in agricultural or related services. But besides that, there is no educational or specific requirement for obtaining the Visa.

Employers are also part of the qualification process. They need to be a US-based entity and in possession of a temporary labor certification. Additionally, they’ll be asked to provide proof of the temporary work that needs to be done and that there are not enough US workers to fill the positions.

Lastly, the qualification will include consultation with employment agencies to make a final decision on whether or not to grant the H2B Visa. Please click here for complete eligibility criteria. Click on the “Who May Qualify for H-2B Classification”.

H-2B Visa Required Documents

Workers who will be sourced from outside the US need to visit the US embassy in their respective country and submit the form along with documents. The documents asked for are:

DS-156, the application form for Non-immigrant Visa
DS-157, supplemental Non-immigrant visa application (for males between the ages of 16 and 45)
Passport
Passport-size photographs
Notice of approval for H-2B Visa or Form I-129
Proof that you’ll be leaving the US as soon as your H-2B visa expires like an apartment lease agreement or deed to a house.
Filing fees

Note that online form DS-160 has replaced DS-156 and DS-157 to make it into a single form. So don’t get confused on this matter. Go with whatever the embassy asks you to do.

Aliens who are already living in the US are not required to apply for this specific visa.

H-2B Visa Application Process

The application process for obtaining an H-2B visa starts with the US-based employer. As an employer, you’d have to go through three main steps. These are:

Step 1: Submit a labor certification application

As the employer, you’re also the petitioner. Before you request an H-2B visa, you need to obtain a temporary labor certification from the Department of Labor. For complete information on this matter and eligibility criteria, visit this page. If you’re going to employ people in Guam, then visit Guam DOL.

Step 2: Submit Form I-129 to USCIS

After you’ve received the temporary labor certificate, you can head over to USCIS office for filing the Form I-129, Petition for a Nonimmigrant Worker. You must submit the original certificate you received from the DOL. If you’re applying for Guam employment, then you’re required to submit a one-page final determination of H-2B. If you’ve already done that, then you’ll be asked to provide an explanation that contains the petition receipt number.

Step 3: Alien workers apply for a visa at the US embassy

As the last step, the worker(s) who will be employed are required to visit the US embassy in their own country and apply for the H-2B visa. Visit the US Department of State at the embassy or Consulate abroad to seek admission into the US through a US port of entry. You can seek direct admission where an H-2B visa is not required.

H2B Visa Fees

All applicants are required to pay the Machine Readable Visa fees when they visit the Embassy for an interview. This is non-refundable and will be used for processing your application. Nonimmigrant visa fees are fixed at $160. Fees vary based on various factors like whether you’re bringing in spouses or children. Click here for complete information.

H2B Visa Processing Time

Visas are typically processed between 60 days to 120 days. Applicants submitting on 1st January are given visas so that they can start working in the US from June.

h-2b visa jobs

What jobs qualify for H-2B visa?

Such visas are used for a wide variety of workers, such as business trainers, entertainers, athletes, camp counselors, ski instructors, and home attendants for terminally ill patients. The H-2B visa holder may bring a spouse and children (unmarried, under age 21) to the United States.

What is an H-2B employer?

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.

H2B visa sponsors

How much does it cost to sponsor a H2B visa?

How Much Does an H-2B Visa Cost? As of January 2021, the USCIS processing fee for an H-2B petition is $460. If you need to apply for a US visa at an embassy or consulate abroad, the visa fee is $190. Certain other fees might apply, depending on your nationality.

Who can sponsor H2B visa?

To qualify for H-2B nonimmigrant classification, the petitioner must establish that:

There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

How do I find a company willing to sponsor my visa?

6 ways to find an H1B Visa Sponsor

Look for a Job in the H1B Visa Sponsors Database. …
Apply for the Job and Get an Offer. …
Find an Internship. …
Look for Boutique Consulting Companies. …
Look for Global Consulting Companies. …
Find a Job at a US University.

How to apply for H2B visa ?

H2B visa countries

Who May Qualify for H-2B Classification?

To qualify for H-2B nonimmigrant classification, the petitioner must establish that:

There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary. The employer’s need is considered temporary if it is a(n):

One-time occurrence – A petitioner claiming a one-time occurrence must show that it has:

An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future;

Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:

Traditionally tied to a season of the year by an event or pattern; and
Of a recurring nature.

Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is:

Unpredictable;
Subject to change; or
Considered a vacation period for your permanent employees.

Peak load need – A petitioner claiming a peak load need must show that it:

Regularly employs permanent workers to perform the services or labor at the place of employment;
Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and
The temporary additions to staff will not become part of the employer’s regular operation.

Intermittent need – A petitioner claiming an intermittent need must show that it:

Has not employed permanent or full-time workers to perform the services or labor; and
Occasionally or intermittently needs temporary workers to perform services or labor for short periods.

H-2B petitioners must also provide a single valid temporary labor certification from the U.S. Department of Labor (DOL), or, if the workers will be employed on Guam, from the Guam Department of Labor (Guam DOL).

H-2B Work Visa Requirements, Fees, and Application Process

Overview of the required documents and procedures to apply for an H-2B temporary work visa.

Seasonal non-agricultural workers, both skilled and unskilled, may apply for an H-2B visa to the United States. You must have a job offer first, for a position for which there is a shortage of U.S. workers willing or able to take the job. You must be able to show that you intend to return home at the end of the permitted stay.

Such visas are used for a wide variety of workers, such as business trainers, entertainers, athletes, camp counselors, ski instructors, and home attendants for terminally ill patients.

The H-2B visa holder may bring a spouse and children (unmarried, under age 21) to the United States. The dependents may attend school while in the United States, but may not work.

This article covers some practical and procedural issues relating to filing for an H-2B visa. For more on eligibility, see Overview of H-2B Work Visa Eligibility Legal Issues.

How Long Can You Stay on an H-2B Visa?

The initial H-2B visa is good for up to one year. If the employer can show that it needs you for a longer time, and you can show that you still plan to return to your home country when required, the visa can be extended upon request in one year increments. Such extensions can be hard to get, however — they’re not automatic at all.

The maximum time you can stay in the U.S. with an H-2B visa is three years.

H-2B Visa Numerical Limits

The H-2B numerical limit set by Congress per fiscal year is 66,000, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 – March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 – September 30). This category tends to bring in a lot of applications, meaning a visa might not be available to you in the year you apply.

H-2B Visa Requirements

To qualify for an H-2B visa, your employer must meet the following requirements:

The employer must have a need which is seasonal, one-time, intermittent, or peak load.
The job time-frame must be for less than one year.
There must be no qualified and willing U.S. workers available for the job.

The employee must meet the following H-2B visa requirements:

You must have a valid job offer from a U.S. employer to do seasonal or temporary work.
You must have the correct background and abilities for the job.
You must intend to return home before the expiration date on the visa.

H-2B Visa Fees and Costs

The H-2B visa costs include a filing fee paid by the employer for the I-129 Petition of Nonimmigrant Worker. At the U.S. consulate, you will need to pay a visa application fee. For the latest amount, see the “Fees for Visa Services” page of the State Department website.

H-2B Visa Application Process

Your employer must start the process by advertising and recruiting for the job, in an attempt to find U.S. workers. If none are found, the employer can apply to its local state workforce agency (SWA) for a temporary labor certification. The SWA will transfer the case to the U.S. Department of Labor for a final decision on the labor certification.

After the labor certification has been approved, your employer must next file a visa petition on Form I-129 and submit it to U.S. Citizenship and Immigration Services (USCIS). If you’re already legally in the U.S. at this time, your employer can simultaneously ask that your status be changed to H-2B worker.

When USCIS approves the I-129 petition, applicants who are already in the U.S. and simultaneously received a change of status are good to start working. If you’re outside the U.S., your next step is to apply for a visa through a U.S. consulate in your home country.See your local consulate’s website for its application and appointment procedures. Or if you’re from Canada, you can head straight to the U.S. border with the documents described below.

Documents to Bring to Your Visa Appointment

The U.S. consulate will likely ask you to bring:

A printout of the Form DS-160 that you filled out online.
Notice from USCIS showing I-129 approval.
Valid passport for you and each accompanying family member.
One photo of each applicant, passport style.
If your spouse and children will be accompanying you, documents showing the family relationship, such as birth and marriage certificates.
Documents establishing your intent to leave the U.S. when your H-2B status expires, such as copies of a deed to a house or a lease for an apartment, letters from an employer saying your job will be waiting for you, and so on.