The US will issue 22,000 new H-2B visas: who can apply for them

Mexican employees of the H-2B visa program in Maryland, who process crabs for AE Phillips & Son Inc.  (Photo: Reuters / Jonathan Ernst)
Mexican employees of the H-2B visa program in Maryland, who process crabs for AE Phillips & Son Inc. (Photo: Reuters / Jonathan Ernst)

The United States Department of Security announced on Tuesday, April 20, that it will make an offer 22,000 new H-2B visas, aimed at foreigners who want to work temporarily in non-agricultural stationary sectors.

“In light of labor demand, DHS is announcing an additional increase of 22,000 visas for the H-2B program for non-agricultural seasonal workers. Additional visas will be available in the coming months through a temporary definitive line in the federal registry, ”the department reported.

Additionally, to comply with President Joe Biden’s Executive Order 14010, which is aimed at addressing and managing migration in North and Central America, 6,000 visas are reserved for residents of Honduras, El Salvador and Guatemala.

This is great news, after the issuance of these foreigner work permits was canceled with the outbreak of the COVID-19 pandemic.

In April 2020 former President Donald Trump banned the issuance of new work visas, Including the H-2B, but also the H-1B (for highly qualified foreign professionals), the L (for international top managers and managers) and the J1 (for students and au pairs).

According to the Republican leader, the goal was to prevent new migrant workers from entering the national territory, thus limiting job opportunities for Americans. The order was extended twice, however was withdrawn by Biden in February 2021, shortly after his arrival at the White House.

“[La proclama] it does not advance American interests. It harms the US, including by preventing certain relatives of US citizens and lawful permanent residents from joining their families here. It is hurting the country’s industries that use talent from all over the world, ”said the Democrat.

Now US embassies can issue an additional 22,000 H-2B visas. We explain who can apply for them.

H-2B visas were suspended at the outbreak of the pandemic, on orders from Donald Trump.  When he took power, Biden withdrew the measure (photo: file)
H-2B visas were suspended at the outbreak of the pandemic, on orders from Donald Trump. When he took power, Biden withdrew the measure (photo: file)

Everything about H-2B visas

The U.S. Immigration and Nationality Act (INA) states that the limit for H-2B visas per year is 66,000. Of these, 33,000 are awarded to foreigners who start working in the first half of the fiscal year, that is, from October 1 to March 31, while the remaining 33,000 are offered to those who start working in the second half. (From April 1 to September 30).

In a meeting DHS held with employers recruiting international staff for the summer months, they stated that there are “critical vacancies” that they have been unable to fill despite “efforts to recruit and employ American workers,” and they asked for the H-2B visa program to be expanded.

The Biden administration has granted this increase and now, instead of 66,000, 88,000 H-2B permits will be offered. However, they clarified that Employers requesting to hire foreign staff must justify it.

“They will have to declare in their petitions that there are not enough skilled, willing, qualified and available American workers to perform the temporary work for which they are seeking a potential foreign worker; and declare that hiring through the H-2B will not adversely affect the wages and working conditions of US professionals in similar positions, ”DHS warned.

To obtain one of these visas, you must have the sponsorship of an employer applying for the process, and complete Form I-129, Petition for a Nonimmigrant Employee, stating the name of the person you wish to hire .

The increase in the number of H-2B visas was approved after a meeting of DHS with companies participating in the program expressing the urgent need to hire foreign staff (Image: REUTERS / Nick Oxford / Archives)
The increase in the number of H-2B visas was approved after a meeting of DHS with companies participating in the program expressing the urgent need to hire foreign staff (Image: REUTERS / Nick Oxford / Archives)

In Mexico, there are recruitment agencies responsible for finding employees for these companies and helping them process the H-2B visa. Some of them are:

* CSI Labor Services.

* Latin Labor Solutions.

* Comprehensive consular advisers.

* Exchange International Career Services.

The immigration document allows foreigners to work in stationary sectors unrelated to agriculture, such as hotels, restaurants, buildings, forests, nurseries or seafood restaurants. The maximum length of stay is three years – as long as the renovations are carried out.

When the employer receives approval from the U.S. Citizenship and Immigration Services (USCIS), the foreign worker can go to the nearest consulate to apply for their H-2B visa.

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