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Cap Reached for Remaining H-2B Visas for Returning Workers for FY 2021
Release Date
08/19/2021
As of Aug. 13, 2021, USCIS has received enough petitions for returning workers to reach the additional 22,000 H-2B visas made available under the FY 2021 H-2B supplemental visa temporary final rule. USCIS will reject and return any cap-subject petitions for H-2B returning workers received after Aug. 13, together with any accompanying fees.
H-2 Visa - Temporary Workers
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: