Those hoping to renew their H-2B visas in the coming months will have to wait until the second half of fiscal year 2024 to file applications. What is the reason for this limitation that they talk about in Debate?

The United States Citizenship and Immigration Services (USCIS) reported on January 12 this year that it has received sufficient requests to apply for the maximum legal number of the 20,716 additional H-2B visas available to returning workers in the first half of the year reach. Fiscal year 2024, with start dates on or before March 31, 2024, under the H-2B Supplemental Cap Temporary Final Rule.

A week ago, Tuesday, January 9, 2024, was the deadline for receipt of applications for additional H-2B visas based on the allocation of returning workers for the first half of fiscal year 2024.

USCIS, a US agency, reported that the maximum legal amount for additional H-2B visas for returning workers has been reached for the first half of fiscal year 2024 and indicated that they are still accepting visa applications for H-2B non-immigrant workers with start dates of March 31, 2024 or earlier, of the additional 20,000 visas allocated to nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador and Costa Rica (country-specific allocation), as well as to those exempt from the maximum legal amount established by Congress.

As of Friday, January 12, 2024, USCIS said it had “received petitions requesting 4,500 workers among the 20,000 visas reserved for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador and Costa Rica.”

The H-2B program allows U.S. employers or employment agencies that meet certain specific legal requirements to bring foreign nationals to the U.S. to temporarily fill non-agricultural jobs.

USCIS

USCIS Guidelines for Employers Applying for a Work Visa

According to La Nación en El Tiempo, the USCIS has published important information for those planning to obtain a work visa while providing guidance on its policies for determining whether an employer can request this procedure for a foreigner.

Eligibility depends on ability to pay, they said.

These are the companies in the United States that offer the most temporary jobs with H-2B visas

USCIS has announced the release of policy guidance on the criteria the entity uses to determine an employer’s eligibility to grant a work visa to a foreign national.

Today, they explain that what Uscis looks at to decide whether an employer can apply for this type of visa is the “continued ability to pay the salary offered to the beneficiary from the priority date of the immigrant application” and until the beneficiary receives the legal obtains residence. .

The change – El Tiempo notes – that is being introduced will apply if the foreigner changes jobs during the process.

When the beneficiary of a Form I-140, that is, an immigrant petition for a foreign worker, changes employers while the lawsuit is pending, USCIS “assesses the ability to pay the requirement” by assessing the facts existing as of the priority date to the priority date. submission of the form″.

With information from El Tiempo, La Nación and the USCIS

(JO)