The U.S. Congress has recently approved an additional 64,716 H-2B temporary nonagricultural visas for fiscal year 2024, supplementing the annually available 66,000, in response to increasing labor demands. This is in line with a trend seen in previous years, where similar measures have been enacted to alleviate shortages in nonagricultural industries.
A Temporary Final Rule regarding the additional allotment has been published in the Federal Register, delineating the procedures and restrictions that are to be followed when applying for these visas. It should be noted that, while the number of visas has increased, the usual restrictions continue to apply.
An H-2B visa permits U.S. employers who meet specific regulatory requirements to bring foreigners to the United States to fill temporary nonagricultural jobs. An employer, or its agent, must file a Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services, a step typically preceded by a labor certification application to the Department of Labor.
The allocation of additional visas is expected to provide relief to industries reliant on seasonal labor. Yet, the paperwork involved in securing an H-2B visa can be extensive, and firms are well-advised to engage legal counsel to ensure compliance with all procedures and deadlines in the application process.
For more detailed information about H-2B visas and this development, please see the update published by Jackson Lewis P.C. on JD Supra.