USCIS Releases Form I-9 Guidance for H-2B Workers Seeking to Change Employers

On February 4, 2022, U.S. Citizenship and Immigration Services released guidance on Form
I-9, Employment Eligibility Verification, for H-2B workers seeking to change employers. 

The guidance is related to a joint temporary final rule issued January 28, 2022, by the Departments of Homeland Security and Labor to increase the numerical limits on fiscal year 2022 H-2B nonimmigrant visas and temporarily provide portability flexibility for H-2B workers 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.

Related Links:

• “Form I-9 Guidance for H-2B Workers Seeking to Change Employers,” USCIS, Feb. 4, 2022
• Joint temporary final rule, DHS/DOL, 87 Fed. Reg. 4722 (Jan. 28, 2022)