“These additional H2B visas will help employers meet the demand for seasonal workers at this most critical time, when there is a serious labor shortage," said Secretary Alejandro N. Mayorkas. “The visas are accompanied by significant worker protections and provide a safe and lawful pathway for individuals to come to the United States and earn wages in jobs that are not filled by American workers."
Employers can temporarily recruit non-citizens to perform non-agricultural labour or services in the United States under the H2B programme. The job must be for a specific amount of time, such as a one-time event, seasonal or intermittent requirement. Employers who want to hire H2B workers must first test the labour market in the United States.
They must obtain certification from the Department of Labor demonstrating that there are insufficient U.S. workers who are able, willing, qualified, and available to perform the temporary work for which they are looking for a prospective foreign worker, and that hiring H2B workers will not have an adverse effect on the wages and working conditions of similarly employed US workers.
Returning workers who received an H2B visa or were otherwise given H2B status during one of the previous three fiscal years are eligible for the supplemental H2B visa allocation, which consists of 23,500 visas. El Salvador, Guatemala, Honduras, and Haitians are eligible for the remaining 11,500 visas, regardless of whether they are returning employees. On February 25, 2022, the semiannual maximum of 33,000 visas for the second half of FY 2022 was met.