Did you know 33,000 foreign workers are already granted a US Immigration status in 2022? More specifically, thousands of skilled and unskilled workers who applied for the H-2B visa have been given the perfect opportunity to use their skills and make the US their new home. Only a certain number of immigrants can be invited through this category each year and it’s important to submit your H-2B petition before the cap is met. Unfortunately, the mid-year H-2B visa cap has been met which you can learn more about here!
H-2B Visa for Temporary Non-Agricultural Workers
The H-2B visa is a temporary non-agricultural work permit created for those who are seeking to immigrate to the United States with their working experience. Unlike the H-1B visa which is for highly skilled workers in “specialty occupations”, the H-2B category is for skilled and unskilled workers. The H-2B program requires the employer to attest to the Department of Labor that they will offer a wage that equals or exceeds the highest of the prevailing wage, applicable federal minimum wage, the state minimum wage, OR local minimum wage to the H-2B nonimmigrant worker.
H-2B Visa Cap
There is a limit on the total number of applicants who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year which has been set to 66,000 applicants per year. However, unused H-2B numbers from one fiscal year do not carry over into the next. Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap.
Mid-Year H-2B Visa Cap Has Been Met
The USCIS announced that employers can no longer hire foreign workers under the H-2B visa category for the first half of the 2022 fiscal year. This is because the mid-year H-2B visa cap was met on September 30th, 2021. This also means that any H-2B visa requests for an employment start date before April 1, 2022, will be rejected unless they are exempt.
Want To Apply for The H-2B Visa in the Future?
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