According to USCIS: “employers may file H-2B petitions for returning workers under the FY 2021 H-2B supplemental visa temporary final rule. Employers may take this action if they are likely to suffer irreparable harm without these additional workers. ”
“USCIS will accept petitions for returning workers until Sept. 15, 2021, or until the remainder of the cap is reached, whichever occurs first. Any petitions that arrive after this cap has been reached will be rejected. ”
USCIS has previously announced that they have received more than 16,000 visas initially made available for returning workers under the rule. However, they did not receive enough petitions to reach the 6,000 visas allocated for workers from Northern Triangle countries. This is why the remaining visas are now available to eligible H-2B returning workers.
For more information, please visit : https://www.uscis.gov/news/alerts/employers-may-file-h-2b-petitions-for-returning-workers-for-fy-2021
About the Author
Wen Luo, JD, is the managing attorney of Luo & Associates Law Group, P.C. in New York, which she founded in 2018. She has more than 10 years of experience in U.S. immigration law and is a member of the American Immigration Lawyers Association (AILA).
Her practice focuses on employment-based immigration, including H-1B, L-1 (including L-1A/EB-1C for multinational companies), O-1, EB-1, EB-2 and EB-3 petitions, adjustment of status (I-485) and naturalization. She works with clients in English and Chinese.