H-2B Coalition update Email
Written by Colorado Green NOW   
Tuesday, May 24, 2022 01:00 AM

Colorado Green Now

As most in the industry know, the H-2B visa nonimmigrant program permits employers to hire foreign workers to come temporarily to the United States and perform services or labor for a one-time season. The job timeframe must be for less than one year.

As the Department of Homeland Security (DHS) did for last summer, the Department of Labor (DOL) will make available an additional 35,000 H-2B temporary visas for the second half of summer of 2022.

Last week the H-2B rule published by the H-2B Coalition, includes the following conditions:

  • Supplemental visas only apply to the second half cap for work April 1 through Sept. 30. DHS will only accept petitions through Sept. 15. Anything pending after Oct. 1 will be denied.
  • Any unused Northern Triangle visas—from El Salvador, Guatemala and Honduras—will not be rolled over to returning worker visas for other countries. 
  • Enhanced recruitment for most petitions.

The rule added a requirement to contact American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) if the occupation is traditionally or customarily unionized. The Office of Foreign Labor Certification (OFLC) posted a lengthy list of occupations that need to comply with the requirement. The list can be found at: https://www.govinfo.gov/content/pkg/FR-2022-05-18/pdf/2022-10631.pdf

As part of ALCC’s involvement in the H-2B Coalition, ALCC is planning another “fly-in” next month. This is a collaborative event with NALP, SEA and American Hort. ALCC will spearhead the meetings arrangements including a possible joint meeting with several state Senator offices.