Employers May File H-2B Visas for Returning Workers

The U.S. Citizenship and Immigration Service (USCIS) announced today that employers may file H-2B petitions for returning workers under the FY 2021 H-2B supplemental visa temporary final rule. Employers may take this action if they are likely to suffer irreparable harm without these additional workers.

H-2B visas allow employers to hire foreign workers who come temporarily to the United States and perform temporary non-agricultural services or labor — including construction work — on a one-time, seasonal, peak-load or intermittent basis. A petitioner must file a new Form I-129, Petition for a Nonimmigrant Worker, together with an approved and valid temporary labor certification that states an employment start date for the second half of the fiscal year, and attest that these non-citizens will be returning workers.

Returning workers are defined as workers who were issued an H-2B visa or otherwise granted H-2B status in FY 2018, 2019 or 2020. USCIS will accept petitions for returning workers until Sept. 15, 2021, or until the remainder of the cap is reached, whichever occurs first. Any petitions that arrive after this cap has been reached will be rejected.

Learn more about the H-2B and other U.S. work authorization programs by signing up for a free webinar on Aug. 4 at 2- 3 p.m. ET.