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ARTICLE · 14 FEBRUARY 2022

DOL: Fiscal Year 2022 H-2B Updates

Ogletree, Deakins, Nash, Smoak & Stewart
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The program is generally used by employers with peak busy seasons, such as hotels, amusement parks, and landscapers.

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The H-2B program is available to employers that can demonstrate a temporary need to supplement their staffs based on a one-time, seasonal, intermittent, or peak-load need basis. The program is generally used by employers with peak busy seasons, such as hotels, amusement parks, and landscapers. The last two years have shown an increase in demand from employers requesting one-time need due to an inability to hire temporary or full-time workers within the United States.

The U.S. Department of Labor (DOL) announced that during the filing window of January 1–3, 2022, it had received 7,875 ETA 9142B, temporary labor certification applications for the H-2B program. The applications included requests for 136,555 positions. The H-2B program is capped at 66,000 visas per fiscal year, with 33,000 available in the first half of the fiscal year (positions with start dates of October 1 or later) and the remaining 33,000 reserved for the second half (positions with start dates of

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