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DHS to Increase the H-2B Visa Cap for FY 2022

DHS to Increase the H-2B Visa Cap for FY 2022

The Department of Homeland Security (DHS) will publish a temporary final rule adding 35,000 visas to the H-2B visa cap for fiscal year (FY) 2022.

 

The supplemental visas will be open to certain employers hiring temporary nonagricultural workers between April 1, 2022 and September 30, 2022.
 
The supplemental H-2B visas will include 23,500 visas for workers who received an H-2B visa within the previous three fiscal years. The remaining 11,500 visas will be set aside for nationals of Haiti, Honduras, Guatemala, and El Salvador.

 

Eligible employers can submit petitions for the supplemental H-2B cap by filing Form I-129, Petition for a Nonimmigrant Worker after the temporary final rule is published. To qualify, an employer must comply with labor laws and show their business is experiencing or will experience irreparable harm without additional workers.
 

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