Regularly employs permanent workers to perform the services or labor at the place of employment.Peak load need – A petitioner claiming a peak load need must show that it:.Considered a vacation period for your permanent employees.Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is: Traditionally tied to a season of the year by an event or pattern and.Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:.Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future.An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.One-time occurrence – A petitioner claiming a one-time occurrence must show that it has:.The employer’s need is considered temporary if it is a(n): Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S.workers who are able, willing, qualified, and available to do the temporary work.
To qualify for H-2B nonimmigrant classification, the petitioner must establish that:.agent as described in the regulations, must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. More information is available on the Temporary Increase in H-2B Nonimmigrant Visas for FY 2023 page.
This is the first time the Departments have issued a single rule making available H-2B supplemental visas for several allocations throughout the entire fiscal year, including an allocation for the late second half. employers seeking to petition for additional workers at certain periods of the fiscal year before Sept. These supplemental H-2B visas are for U.S. ALERT: The Department of Homeland Security and the Department of Labor are issuing a temporary final rule that makes available 64,716 additional H-2B temporary nonagricultural worker visas for fiscal year (FY) 2023.
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