H-2B program was created by Congress to allow a limited number of foreign workers to be brought in by U.S. employees to fill temporary non-agricultural jobs.
The yearly cap is 66,000 visas, and they are divided into two working periods April 1 thru September 30 and October 1 through March 31. Because the cap is usually met very quickly, it is important that employers interested in bringing foreign workers get familiar with the process and file their applications well in advance.
Before a U.S. employer can file their application with the USCIS, they must first obtain a certificate from the U.S. Department of Labor, and once both are filed and USCIS grants the application, then the foreign worker must apply for a H-2B visa at the U.S. Embassy or Consulate in their country. Individuals can extend his or her stay in the U.S. in increments of up to a year and the maximum allowed time to stay is 3 years.
While the filing deadline for the fiscal year 2021 has ended, U.S. employees considering hiring foreign workers starting April 1, 2022, should begin filing their applications in order to meet the deadlines, but also account for the time it takes to receive a certificate from the Department of Labor.
Contact Sobon Law, LLC at (216) 586-4246 today if you are considering hiring foreign workers and need help completing the process.