The USCIS has decided that they will be adding additional visas to the H2-B program for 2022. For those who are interested, the H2-B visa program is a non-agricultural, temporary visa program that allows foreigners to come to the United States to work seasonally. The move to add an additional 22,000 visas to the program is a clear signal that many different employers in different sectors need more workers, irrespective of whether they are citizens or non-citizens. The fact that the USCIS is also adding this many visas should be an indicator that as we get closer to 2022, the agency is more equipped to handle a new influx of visa applications in this category.
Specifics of the Program
The USCIS has decided to break up the amount of visas into two different categories: 13,500 visas that will be available to returning workers who have already been granted an H2-B visa within the last three fiscal years, and 6,500 visas which are exempt from the returning worker requirement, and reserved for nationals of Haiti and also citizens from Central America—Guatemala, Honduras, and El Salvador.[1]
This is in accordance with the Biden Administration’s promise to provide foreign assistance to Central America and Haiti, in the form of visas which can help citizens of these countries earn a higher wage in the United States and use the money to support family members back home and also gain access to meaningful employment opportunities.
The Secretary of Homeland Security, Alejandro Mayorkas, noted last week that the H2-B visa program is also a way to expand lawful opportunities to non-citizens. However, it should be recognized that the H2-B visa is still in the non-immigrant category, and therefore workers who come to the U.S. are still unable to file for an adjustment of status or become legal permanent residents through this program.
In addition, U.S. based employers still need to guarantee prior to hiring a foreign worker that there aren’t enough U.S. citizens who are “willing, able, or qualified…” do to the temporary work as described by the job posting. Because of this requirement, the number of visas that could be issued in 2022, even though the cap has been raised, might not amount to an additional 22,000.
The DHS has also commented that they are going to modernize and reform the H2-B program via proposed rulemaking to avoid worker exploitation, however such rules or specifics have not been outlined yet.
