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News Update: Returning Worker H-2B Visas

☝The U.S. Citizenship and Immigration Services has gotten to their quota of H-2B visas for the first part of 2023 (with start dates before March 31) as they received enough petitions for the18,216 additional visas allotted. This is in line with the new rules regarding the H-2B supplemental cap. We’re still processing petitions for nonimmigrant workers visas (H-2B) with an extra 20,000 available for folks from Haiti, El Salvador, Guatemala and Honduras.

The U.S. Citizenship and Immigration Services has recently allowed a larger number of H-2B petitions than usual, up to 64,716 extra visas for FY 2023. This is all thanks to the Dec. 15 temporary final rule that raised the limit for H-2B nonimmigrant visas. Out of the extra 64,716 visas available, just around 44k were allocated specifically for current employees returning to their job. Out of the total 20,000 visas, the ones for people from Haiti, El Salvador, Guatemala and Honduras don’t need to be employed already in the US.

▶If workers didn’t get their visas for the 18,216 returning-worker allotment, you can still try for Haiti, El Salvador, Guatemala, and Honduras’s allotment as long as places are open. As of Jan 26, 2023, the US Citizenship & Immigration Services has processed applications for 4,260 workers from Haiti, El Salvador, Guatemala and Honduras under the annual allowance of 20k visas.

USCIS is still accepting H-2B petitions for workers filing from Haiti, El Salvador, Guatemala & Honduras. Additionally, they won’t be affected by the limited number of petitions allowed by Congress. These petitions include:

✅Current H-2B workers in the United States petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;

✅Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing;

✅Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam (until Dec. 31, 2029).

Additional information on the FY 2023 supplemental visas is available on the Temporary Increase in H-2B Nonimmigrant Visas for FY 2023 page.

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