H-2B Visas For Summer Season

Jackson Lewis P.C.
Contact

By June 1, 2021, Department of Homeland Security (DHS) had received more H-2B visas petitions than the allotted 16,000 slots for returning workers. A lottery will be conducted to determine which petitions will be accepted for processing.

DHS announced in April that it will release 22,000 more H-2B visas for the summer season. Of those, 16,000 are available to returning workers and 6,000 are allotted to nationals from the Northern Triangle countries (El Salvador, Guatemala, and Honduras). Petitions were accepted by USCIS starting on May 25, 2021.

The 6,000 allotment for Northern Triangle countries has not yet been met and USCIS is still accepting these petitions through July 8. If all 6,000 spots are not filled, DHS will announce by July 23, 2021, that the remaining spots will be released and available to returning workers of any nationality. DHS encourages employers whose petitions were not selected under the returning worker quota to refile for workers from the Northern Triangle.

There are certain workers who are exempt from the cap and DHS will continue to accept petitions from them:

  • Current H-2B workers in the United States petitioning to extend their stay;
  • Workers associated with fish roe processing; and
  • Certain workers performing labor or services in the Commonwealth of Northern Mariana Islands or Guam.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jackson Lewis P.C. | Attorney Advertising

Written by:

Jackson Lewis P.C.
Contact
more
less

Jackson Lewis P.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.