Portability Continued for Certain H-2B Workers Seeking to Change Employers

U.S. Citizenship and Immigration Services (USCIS) announced that portability will continue for petitions received by USCIS through January 24, 2023, for H-2B workers already in the United States. 

On May 18, 2022, the Departments of Homeland Security and Labor published a joint temporary final rule to increase the numerical limits during the second half of FY 2022 for H-2B nonimmigrant visas and continue to provide portability flexibility for H-2B workers already in the United States. The rule allows an H-2B worker who is already in the U.S. to begin work immediately with a new employer after an H-2B petition (supported by a valid temporary labor certification is received by USCIS and before it is approved.

A temporary final rule published in January currently provides portability.

Related Links:

• USCIS notice, June 9, 2022
• Temporary final rule, Depts. of Homeland Security and Labor, 87 Fed. Reg. 30334 (May 18, 2022)
• Temporary final rule, Depts. of Homeland Security and Labor, 87 Fed. Reg. 4722 (Jan. 28, 2022), (correction)