ARTICLE
11 December 2024

Nearly 65,000 H-2B Visas Released: What Employers Need To Know

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Jackson Lewis P.C.

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Focused on employment and labor law since 1958, Jackson Lewis P.C.’s 1,000+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients’ goals to emphasize inclusivity and respect for the contribution of every employee.
The Department of Homeland Security has released an additional 64,716 H-2B temporary visas for non-agricultural workers. The additional visas will help employers in hospitality, tourism, landscaping, construction...
United States Immigration

The Department of Homeland Security has released an additional 64,716 H-2B temporary visas for non-agricultural workers. The additional visas will help employers in hospitality, tourism, landscaping, construction, seafood processing, and others that employ temporary seasonal workers.

Of the newly released visas, 44,716 are divided in three allocations (between Oct. 1, 2024, and Sept. 30, 2025) for returning workers only. The other 20,000 will be allotted to workers from Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, regardless of whether those individuals are returning workers.

These additional H-2B visas are only for employers that can show they will suffer irreparable harm without the ability to employ the H-2B workers they are requesting. The employers will have to follow the full H-2B process: pass a labor market test and show that employing the H-2B workers they are requesting will not adversely affect the wages or working conditions of similarly employed U.S. workers. Any employers that have committed certain labor law violations in the H-2B program will be subject to additional scrutiny.

Jackson Lewis attorneys are available to assist employers in employing both H-2A farm and H-2B non-agricultural workers.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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