US to issue additional H-2B visas for fiscal year 2023. Details here
2 min read . Updated: 14 Dec 2022, 04:30 PM IST
Premium- As most Indians do not opt for H-2B visas, the move by the USCIS is unlikely to make any significant impact on them
In a first, the US Department of Homeland Security (DHS) and the Department of Labor (DOL) will be issuing a temporary final rule that makes 64,716 additional H-2B visas available for fiscal year 2023.
The H-2B visas, meant for unskilled foreign workers for the financial year 2023, will guarantee that US businesses can plan for their peak season labour needs.
In an official statement, the US Citizenship and Immigration Services (USCIS) said these supplemental H-2B visas are for American employers seeking to petition for additional workers at certain periods of the fiscal year before 15 September next year.
The supplemental H-2B visa allocation consists of roughly 44,700 visas available to returning workers who received an H-2B visa or were otherwise granted H-2B status during one of the last three fiscal years.
The remaining 20,000 visas are reserved for nationals of El Salvador, Guatemala, Honduras, and Haiti, regardless of whether they are returning workers.
Employers can temporarily hire foreign workers
The H-2B visas permit employers to temporarily hire foreign workers to perform nonagricultural labour or services in the country for a limited period of time such as a one-time occurrence, seasonal need, a peak load need or intermittent need.
Secretary of Homeland Security Alejandro N Mayorkas said, “The Department is making supplemental H-2B visas available earlier than ever, ensuring that American businesses can plan for their peak season labor needs."
Mayorkas added, “At a time of record job growth, these visas will also provide a safe and lawful pathway to the United States for noncitizens prepared to take jobs that are not filled by American workers."
Impact on Indians
As most Indians do not opt for the H-2B visa, the move by the USCIS is unlikely to make any significant impact on them.
Indians generally do not opt for H-2B visas as the majority of them migrating to the US are highly skilled professionals employed by American companies in speciality occupations that require theoretical or technical expertise. H-1B visas are required for such immigrants.
For the first half of fiscal 2023, there are 18,216 immediately available visas limited to returning workers regardless of country of nationality.
For the early second half of fiscal 2023 (1 Apr to 14 May), there are 16,500 visas available and for the late second half of fiscal 2023 (15 May to 30 Sept), 10,000 visas will be issued, the notification read.
This is the first time the US has issued a single rule making available H-2B supplemental visas for several allocations throughout the entire fiscal year, including an allocation for the late second half, according to the statement.
The temporary final rule features several provisions to protect both US and H-2B workers from exploitation and abuse.
