First, the US (DHS) Department of Homeland Security and the (DOL) Department of Labor will issue a temporary final rule that makes 64,716 additional H-2B visas open for the fiscal year 2023.

The H-2B visas, signified for inexpert foreign workers for the financial year 2023, will ensure that US businesses can plan for their peak season labour requirements.

In an official statement, the (USCIS) US Citizenship and Immigration Services said these supplemental- H-2B visas are for American employers aiming to petition for more workers at specific periods of the fiscal year before September 15 next year.

The supplemental H-2B visa allotment consists of approximately 44,700 visas available to returning employees who received an H-2B visa or were otherwise given H-2B status during one of the last three fiscal years.

The remaining 20,000 visas are secured for El Salvador, Guatemala, Honduras, and Haiti nationals regardless of whether they are returning employees.

The H-2B visas allow employers to temporarily hire foreign workers to do nonagricultural labour or services in the nation for a restricted period of time, such as a one-time occurrence, peak load need, seasonal need, or periodic need.

Alejandro N Mayorkas, Secretary of Homeland Security, said the US Department is making supplemental- H-2B visas obtainable earlier than ever, guaranteeing that American businesses can prepare for their peak season labor needs.

Mayorkas added that at a time of record job growth, these visas would also deliver a safe and lawful pathway to the US for noncitizens prepared to accept jobs not filled by American employees.

Effect on Indians

As many Indians do not choose the H-2B visa, the move by the USCIS is far-fetched to make any considerable impact on them.

Indians do not opt for H-2B visas as the plurality of them resettling in the US are highly experienced professionals employed by American companies in specialty occupations that demand theoretical or technical expertise. H-1B visas are needed for such immigrants.

For the first half of fiscal 2023, there are 18,216 instantly available visas restricted to returning employees regardless of country of nationality.

The notification read that for the early second half of fiscal 2023- ( April 1 to May 14), there are 16,500 visas available. For the late second half of fiscal 2023- (May 15 to September 30), 10,000 visas will be issued.

According to the statement, this is the first time the US has issued a single rulemaking available supplemental-H-2B visas for several allotments throughout the whole fiscal year, including an allocation for the late second half.

The temporary final rule features several conditions to protect both US and H-2B employees from exploitation and abuse.