Homeland Security, Labor Departments add fiscal year 2022 visas

The U.S. Department of Homeland Security (DHS) and U.S. Department of Labor (DOL) said the agencies are making an additional 35,000 visas available for fiscal year (FY) 2022’s second half.

The action stems from the forthcoming publication of a joint temporary final rule. The H-2B temporary nonagricultural worker visas would be set aside for domestic employers seeking to hire additional workers on or after April 1, 2022, through Sept. 30, 2022.

“Informed by current demand in the labor market, today we are announcing the availability of an additional 35,000 H-2B visas that will help to support American businesses and expand legal pathways for workers seeking to come to the United States,” DHS Secretary Alejandro N. Mayorkas said. “Recognizing the importance of strong worker protections, we will apply greater scrutiny to those employers who have a record of violating obligations to their workers and the H-2B program.”

Employers seeking to hire H-2B workers provide DOL certification proving there are not enough domestic workers able, willing, qualified, and available to execute the temporary work for which they seek a prospective foreign worker, and employing the H-2B workers would not negatively impact similarly employed American worker wages and working conditions.

House of Representatives Committee on Homeland Security Chairman Bennie G. Thompson (D-MS) said it is imperative that industries such as tourism and hospitality, landscaping, seafood processing, and fairs and carnivals are properly staffed to meet unprecedented demand.

“H-2B workers play an integral role in supporting American businesses, and without sufficient employees, businesses may have to scale back operations, damaging the economy and the job market,” he said. “I thank Secretary Mayorkas and Secretary Walsh for acting to meet the needs of American businesses while boosting the nation’s economy.”