DHS to Provide 20,000 Additional H-2B Visas for U.S. Employers

Labor
Published

The Department of Homeland Security (DHS) has announced the forthcoming publication of a joint temporary final rule making available an additional 20,000 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2022. These additional visas will be set aside for U.S. employers seeking to employ additional workers on or before March 31, 2022.

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.

The supplemental H-2B visa allocation consists of 13,500 visas available only to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years – FY 2019, 2020 or 2021.

The remaining 6,500 visas, which are exempt from the returning worker requirement, are reserved for nationals of Honduras, Guatemala, and El Salvador (collectively called the Northern Triangle), as well as nationals from Haiti.

The forthcoming rule also grants portability to certain H-2B workers by allowing H-2B nonimmigrant workers already in the United States to begin employment with a new H-2B employer or agent once U.S. Citizenship and Immigration Services (USCIS) receives a timely filed, non-frivolous H-2B petition but before the petition is approved. Portability enables H-2B workers to change employers more quickly if they encounter unsafe or abusive working conditions.

How to File

Once the temporary final rule has been published, eligible employers seeking cap-subject H-2B workers can file Form I-129, Petition for a Nonimmigrant Worker, seeking additional H-2B workers. They must submit a confirmation with their petition to demonstrate their business is suffering irreparable harm or will suffer impending irreparable harm without a supplemental workforce.

More information

Additional details on eligibility and filing requirements will be available in the temporary final rule and the Cap Count for H-2B Nonimmigrants webpage.

For more information on USCIS and its programs, please visit uscis.gov

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Student Chapters | Workforce Development

Jul 25, 2025

NAHB's Student Chapters Helped Give Her Confidence to Pivot Careers

Zhetique Gunn's early exposure to building and problem-solving has led to national recognition and a city-level impact as an urban planner in Washington, D.C.

Jul 24, 2025

Federal Court Upholds New York State Gas Ban

The federal court for the Northern District of New York on July 23 upheld New York state’s “gas ban” legislation. New York’s legislation is the first statewide law that restricts natural gas use in new buildings, effectively banning gas stoves and other fossil fuel appliances in most new construction starting in 2026.

View all

Latest Economic News

Economics

Jul 25, 2025

Market Share of 5,000+ Square Foot New Homes Started Declines in 2024

In 2024, there were 24,000 homes that exceeded 5,000 square feet, equating to a 2.3% market share of all new homes started. Both the number and market share for 5,000+ square foot homes experienced declines from 2023, according to the annual data from the Census Bureau’s Survey of Construction (SOC).

Economics

Jul 24, 2025

New Home Sales Hold Steady at a Relatively Tepid Level

Challenging affordability conditions, elevated interest rates and economic uncertainty continue to act as headwinds on the housing sector as many potential buyers continue to stay on the sidelines.

Economics

Jul 23, 2025

Existing Home Sales Retreat to 9-Month Low

Existing home sales fell to 9-month low in June as home prices hit another monthly record high, according to the National Association of Realtors (NAR). Sluggish pace of sales suggest that higher mortgage rates and elevated home prices are continuing to sideline buyers, despite improved inventory conditions.