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

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By: Vandana Marath

The Department of Homeland Safety (DHS) will publish a temporary last rule including 35,000 visas to the H-2B visa cap for fiscal yr (FY) 2022. The supplemental visas will be open up to specified businesses selecting short-term nonagricultural staff concerning April 1, 2022 and September 30, 2022.

The supplemental H-2B visas will consist of 23,500 visas for employees who acquired an H-2B visa in just the past 3 fiscal a long time. The remaining 11,500 visas will be set aside for nationals of Haiti, Honduras, Guatemala, and El Salvador.

Suitable employers can submit petitions for the supplemental H-2B cap by filing Kind I-129, Petition for a Nonimmigrant Employee after the non permanent remaining rule is released. To qualify, an employer must comply with labor regulations and display their business enterprise is experiencing or will working experience irreparable hurt without having added personnel.

For USCIS conclusions designed in between November 1, 2021, and July 25, 2022, the agency will take into consideration Forms I-290B or N-336 been given up to 90 calendar times from their final decision dates.

Particulars concerning employer and employee eligibility and filing needs are offered on-line at the Cap Depend for H-2B Nonimmigrants web site. For guidance filing for a supplemental H-2B visa, make sure you contact your Chugh, LLP immigration qualified.

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