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Sept 15 Deadline for Employers to File H-2B Petitions for Returning Workers

Sept 15 Deadline for Temporary Increase in H-2B Petitions for Returning Workers

USCIS (U.S. Citizenship and Immigration Services) announced on July 23 a temporary increase in H-2B petitions for additional returning workers if they are likely to suffer irreparable harm without these additional workers.

• Returning workers are defined as workers who are issued an H-2B visa or otherwise granted H-2B status in fiscal year 2018, 2019 or 2020.

• Employers must file a new form I–129, Petition for a Nonimmigrant Worker, together with an approved invalid temporary labor certification that states an employment start date for the second half of the fiscal year, and attest that these non-citizens will be returning workers.

Employers will have to prove:

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

USCIS will accept petitions for returning workers until September 15, 2021, or until the remainder of the cap is reached, whichever occurs first. USCIS encourages employers to file as soon as possible because petitions are likely to quickly reach the remainder of the cap.

Chicago immigration attorney Mario Godoy Immigration advises filing H-2B petitions as soon as possible as the cap is likely to be reached quickly.

22,000 H-2B additional visas were made available for employers needing seasonal foreign guest workers this summer, the 5th year in a row that additional H-2B visas were released in response to pressure from seasonal employers and lawmakers.

Do You Have Questions About H-2B Visas?

If your visa was refused during the Trump work visa restrictions, contact the experienced immigration lawyers at Godoy Law Office. Godoy Law Office is an established immigration law firm in Chicago and Lombard, Illinois, with attorneys who are ready to help you apply for legal immigration status if you are eligible. If you need help with an immigration issue, please contact our office at 630-912-0322.  

Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties. 

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