On October 12, 2022, the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), announced that it will be issuing a regulation that will make available to employers an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year 2023. This is in addition to the 66,000 H-2B visas that are normally available each fiscal year.
The 2023 fiscal year began October 1, 2022, so you need to start the H-2B visa application process for the first half of 2023 TODAY!
“The Department of Homeland Security is moving with unprecedented speed to meet the needs of American businesses,” said Secretary of Homeland Security Alejandro N. Mayorkas. “At a time of record job growth, this full year allocation at the very outset of the fiscal year will ensure that businesses can plan for their peak season labor needs. We also will bolster worker protections to safeguard the integrity of the program from unscrupulous employers who would seek to exploit the workers by paying substandard wages and maintaining unsafe work conditions.”
The H-2B visa program permits employers to temporarily hire noncitizens to perform nonagricultural labor or services in the United States.
The department also announced the creation of the H-2B Worker Protection Taskforce (“Taskforce”). Convened by the White House, the Taskforce will focus on (1) threats to H-2B program (2) H-2B workers’ fundamental vulnerabilities, including their limited ability to leave abusive employment without jeopardizing their immigration status and (3) the impermissible use of the program to avoid hiring U.S. workers. In order to accomplish these goals, both departments will be reforming the programs and DHS will establish filing requirements for the additional H-2B visas and detail the proposed U.S. and H-2B worker protections.
Because of the complicated nature of the H-2B visa, in addition to the new changes and protections, it is important to hire the right immigration attorney to guide you through the process. The H-2 visa attorneys at the Scott Law Firm can guide you through the process from beginning to end.
If you think you could benefit from an H-2B visa, contact The Scott Law Firm online or at (225) 396-5262.
For temporary agricultural workers, we can help with H-2A visas as well!