Employers Filing H-2B Petitions for Returning Workers 2021

Employers Filing H-2B Petitions for Returning Workers 2021

H-2A and H-2B visa programs allow United States employers to bring foreigners to the country in order to fill temporary agricultural and nonagricultural jobs. H-2B refers to the Temporary Non-Agricultural Workers program. Read on to learn more about the H-2B program for the 2021 fiscal year.

What are the Requirements for Filing?

If you are an employer interested in filing an H-2B petition, you will have to prove the following:

  • There are not enough U.S. workers who are able, willing, qualified, and available to do the work.
  • Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • The need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.

What are some of the countries eligible for H-2A and H-2B programs?

Only certain countries are eligible for these programs. Some, but not all, of the countries eligible for the visa programs include Argentina, Brazil, Canada, Colombia, Honduras, Guatemala, Ireland, Italy, Jamaica, Moldova, Paraguay, Dominican Republic, Taiwan, the United Kingdom, and more.

What to Know About 2021 Petitions

According to uscis.gov, employers may file H-2B petitions if “they are likely to suffer irreparable harm without these additional workers. 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 noncitizens 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.”

If you are an employer looking to file a petition, or an immigrant looking to obtain a temporary work visa, our firm is here to help. Reach out today to discuss your options with an experienced immigration law attorney.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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