If you are reading this article, you may not be familiar with the H-2B program. This is entirely different from the H-1B program and allows employers to hire non-professional workers to fill positions in, but not limited to, landscaping, grounds maintenance, construction, and hospitality.

If your business has been affected by the ongoing labor shortage, the H-2B program may help you find suitable workers from abroad. For further details regarding the program please check out our video.

https://www.youtube.com/watch?v=L__9hl1C-4M

Like any program, there is a statutory limit on the number of visas that are available each year. Under the H-2B program, the government makes 66,000 visas available per fiscal year and this is split into two halves. There are 33,000 visas for workers starting October 1 through March 31 and another 33,000 for workers starting April 1 through September 30.

On October 12, 2022, the Department of Homeland Security (DHS) and the Department of Labor (DOL) announced they will issue an additional 64,716 H-2B visas for FY 2023, effectively doubling the number of available visas. This announcement attempts to address the obvious labor shortage, which has affected most US Businesses. DHS and DOL remind employers that they must first try and hire US workers before filing H-2B applications.

The next filing window for H-2B applications is expected to be January 1-3, 2023. However, to file in January Employers need to have obtained a prevailing wage determination, which can take up to 60 days. Therefore, the process needs to be started by early November at the latest.

If you are interested in learning more about the H-2B program, please contact PLG Partner Chris Prescott at cprescott@patellegal.com.