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Writer's pictureTrisha Nielsen

Temporary Immigration Options for Spring 2022

It's that time of year again, when I'm finalizing my H-2B cases and starting on my H-2A cases for spring.


"But it's only November, we can't even think about spring yet," you say.


Yes, unfortunately the timelines for temporary immigration are pretty strict. The temporary nonagricultural program for employers to request workers has only 33,000 visas available for work starting in April through September, which means that many more employers will request visas than are available and being timely is imperative. For agricultural employers, being timely can mean the difference between a profitable season and crops rotting in the fields.


So what is timely for these two programs? The nonagricultural H-2B program requires the employer to submit the application for temporary labor certification 75-90 days ahead of time. In practice, though, you must submit between January 1 and 3 to be processed in time to make the initial H-2B cap of 33,000 visas. On top of this, the application for temporary labor certification requires a prevailing wage determination which is taking about 30 days to come back, as of November 2021. Because of this, the beginning steps should be completed within the next few works to be considered for the 33,000 visas.


For agricultural workers, although there are no limits on the number of visas, the timelines are shorter. Farmers should begin the process soon, so that they can submit the first step of the application process 60-75 days before their start date of need.


If you have thought about using foreign workers for your company, now is the time to act. Contact me today for a free temporary employment immigration consultation to determine if either of these programs are right for your company.





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