USCIS is announcing today that 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. A petitioner must file a new Form I-129, Petition for a Nonimmigrant Worker, together with an approved and valid temporary labor certification that states an employment start date for the second half of the fiscal year, and attest that these noncitizens will be returning workers. Returning workers are defined as workers who were issued an H-2B visa or otherwise granted H-2B status in FY 2018, 2019, or 2020.
Contact Darren Heyman, immigration attorney, for more information.