Comprehensive Analysis of US H2B Visa Quota

By Sanwar Ali:

Introduction

The H2B visa quota of interest to many foreign nationals seeking temporary non-agricultural work in the United States. This article provides a detailed exploration of the H2B visa quota, including its availability, when it runs out, and who can come under the supplemental quota.

The H2B Visa Quota: An Overview

The H2B visa is designed for foreign nationals seeking temporary non-agricultural employment in the United States. It is used mainly for lower-skilled work. The visa is subject to an annual quota set by the U.S. Congress. For the fiscal year (FY) 2023, the H2B visa quota was initially set at 66,000. However, due to increased demand, a supplemental quota was announced, increasing the total number of available H2B visas to 130,716.

Main Quota for FY 2023

The main H2B visa quota for FY 2023 was 66,000. These visas were available for foreign nationals who meet the requirements for the H2B visa, which include having a temporary job offer from a U.S. employer, being capable of performing the job, and intending to return to their home country after the visa expires.

Supplemental Quota for FY 2023

In response to heightened demand and the need of U.S. businesses for more foreign workers, a supplemental H2B visa quota was announced for FY 2023. The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) issued a joint temporary final rule, increasing the number of available H2B visas by 64,716. This brought the total number of available H2B visas to 130,716 for FY 2023.

Allocation of the Supplemental H2B Visa Quota

The additional 64,716 H2B visas were divided into four groups for allocation throughout FY 2023. The groups were categorized based on the timing of the fiscal year and the nationality of the applicants.

The first group, with 18,216 visas, was for the first half of FY 2023 (October 1, 2022 - March 31, 2023). These visas were limited to returning workers, i.e., those who had been issued H2B visas or held H2B status in fiscal years 2020, 2021, or 2022, regardless of their country of nationality.

The second group, with 16,500 visas, was for the early second half of FY 2023 (April 1 - May 14, 2023). Like the first group, these visas were also limited to returning workers.

The third group, consisting of 10,000 visas, was for the late second half of FY 2023 (May 15 - September 30, 2023). Again, these visas were limited to returning workers.

Finally, the fourth group had 20,000 visas reserved for the entirety of FY 2023. These visas were set aside for nationals of El Salvador, Guatemala, Honduras (Northern Central American countries), and Haiti.

Filling of the Main and Supplemental Quota

The main H2B visa quota for FY 2023 was filled as of February 27, 2023. Any new cap-subject H2B petitions received after this date requesting an employment start date on or after April 1, 2023, and before October 1, 2023, were rejected by the U.S. Citizenship and Immigration Services (USCIS).

As for the supplemental quota, USCIS announced on March 30, 2023, that the cap for the early second half of FY 2023 (April 1 - May 14, 2023) had been reached. This meant that the 16,500 visas allocated for returning workers during this period were all claimed. However, USCIS continued to accept filings for the 20,000 visas reserved for nationals of El Salvador, Guatemala, Honduras, and Haiti.

In addition, USCIS began accepting petitions for the late second half of FY 2023 (May 15 - September 30, 2023) on April 13, 2023. During this period, 10,000 visas were made available to returning workers.

Requirements for an H2B Visa

To qualify for an H2B visa, a foreign national must have a temporary job offer from a U.S. employer in a non-agricultural field. The employer must demonstrate that there are not enough U.S. workers who are able, willing, and qualified to perform the temporary work. In addition, the employer must show that hiring H2B workers will not negatively impact the wages and working conditions of similarly employed U.S. workers.

The job the foreign national is hired to perform must be temporary, regardless of whether the underlying job can be described as temporary. The employer's need is considered temporary if it is a one-time occurrence, tied to a season, tied to a peak load need, or intermittent.

Eligibility for the Main vs. Supplemental Quota

The main H2B visa quota is open to all eligible foreign nationals. However, the supplemental quota is divided into different allocations with varying eligibility criteria.

The first three allocations (i.e., first half of FY 2023, early second half of FY 2023, and late second half of FY 2023) are limited to returning workers only. These are workers who were issued H2B visas or held H2B status in fiscal years 2020, 2021, or 2022, regardless of their country of nationality.

The fourth allocation, consisting of 20,000 visas, is reserved for nationals of El Salvador, Guatemala, Honduras, and Haiti. These individuals are exempt from the returning worker requirement.

Filing for the H2B Visa Quota

Employers seeking to hire foreign nationals under the H2B visa program must file a Form I-129, Petition for a Nonimmigrant Worker, on behalf of the prospective worker. The Form I-129 should be filed at the California Service Center. Petitions filed under the supplemental allocations at any other location will be rejected and the filing fees returned.

Conclusion

The H2B visa quota system is a very important part of the U.S. immigration system. It allows U.S. businesses to employ foreign workers when there are not enough U.S. workers to fill temporary non-agricultural jobs. While the H2B visa quota for FY 2023 has been filled, USCIS continues to accept H2B petitions under certain conditions, which helps some US businesses.

workpermit.com helps with US Work Visa: L1, H1B, E2, and O1 Visas

There are various types of US visas that individuals can apply for, depending on their circumstances. Some of the most common employment-based visas include:

• L1 visa: This visa is for intracompany transferees who work in managerial or executive positions or have specialized knowledge.

• H1B visa: This visa is for specialty occupations that require theoretical or technical expertise in specialized fields.

• E2 visa: This visa is for investors who have made a significant investment in a US business and, management or essential skills employees.  Only certain nationalities can apply.

• O1 visa: This visa is for individuals with extraordinary abilities in the arts, sciences, education, business, or athletics.

Workpermit.com is a specialist visa services firm with over thirty years of experience dealing with visa applications. For more information and advice, please contact us on 0344 991 9222 or at london@workpermit.com(link sends e-mail)