U.S. Citizenship and Immigration Services (USCIS) is no longer accepting petitions from U. S. employers seeking to hire temporary nonagricultural workers under the one-time increase to the Fiscal Year (FY) 2017 H-2B cap announced in July.
For the first time, in May, Congress delegated its authority to the Secretary of Homeland Security to increase the number of temporary nonagricultural work visas available to U.S. employers through FY 2017.
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that: