DHS and DOL Announce an Additional 35,000 H-2B Visas

On May 16, 2022, the Department of Homeland Security (DHS) and the Department of Labor (DOL) announced a temporary final rule (TFR) that would make available an additional 35,000 H-2B nonagricultural worker visas. These visas are for US employers who attest that they are suffering or will suffer irreparable harm if they cannot employ all the H-2B workers requested in their petition and need to fill positions with start dates on or after April 1, 2022, through September 30, 2022.

The 35,000 additional visas are allocated as follows:

  • 23,500 visas to returning workers who received an H-2B visa or were otherwise granted H-2B status during one of the last three fiscal years.
  • 11,500 visas for nationals of El Salvador, Guatemala, Honduras, and Haiti, as attested by the petitioner (regardless of whether such nationals are returning workers).

The rule also allows certain H-2B nonimmigrant workers already in the US to begin employment with a new H-2B employer once USCIS receives a timely filed petition, but before the petition is approved.

Erickson Insights

DHS made an advance announcement for this temporary final rule in March. Additional information and filing requirements are available in the temporary final rule and the Temporary Increase in H-2B Nonimmigrant Visas for FY 2022 webpage.

Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.