H-2B Returning Worker Visas: The U.S. Citizenship and Immigration Services (USCIS) has achieved the cap for additional H-2B visas designated for returning workers in the first half of fiscal year 2024.
Returning Worker Allocation Exhausted:
- USCIS reached the cap of 20,716 H-2B Returning Worker Visas with start dates on or before March 31, 2024.
- January 9, 2024, marked the final receipt date for petitions seeking supplemental H-2B visas under the FY 2024 first-half returning worker allocation.
Ongoing Acceptance for Nonimmigrant Workers:
- Petitions are still being accepted for H-2B nonimmigrant workers starting on or before March 31, 2024.
- An additional 20,000 visas are available for nationals of specific countries: El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica.
Exemptions from Congressional Cap:
- USCIS continues to accept petitions from those exempt from the congressionally mandated cap.
Immediate Implementation of FY 2024 Temporary Final Rule (TFR):
- The FY 2024 TFR, effective November 17, 2023, facilitated the immediate acceptance of H-2B petitions for returning workers and specific-country allocations.
Country-Specific Allocation for Exempt Nationals:
- USCIS started receiving petitions for the 20,716 returning worker allocation and the 20,000 allocation for exempt nationals from El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica.
Filing Under Country-Specific Allocation:
- Petitioners with start dates on or before March 31, 2024, whose workers were not accepted for the 20,716 returning worker allocation are encouraged to file under the country-specific allocation.
Petition Status as of January 12, 2024:
USCIS has received petitions requesting 4,500 workers under the 20,000 visas set aside for El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica nationals.
Conclusion:
USCIS remains dynamic in managing H-2B visa allocations, urging eligible petitioners to explore the available avenues as the process unfolds.
Source:
- Federal Register: www.federalregister.gov
- USCIS: www.uscis.gov/working-in-the-united-states/temporary-workers
