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

On May 18, the Department of Homeland Security and the Department of Labor published a joint temporary final rule (87 FR 30334) in the Federal Register to increase the numerical limits during the second half of FY2022 for H-2B nonimmigrant visas and continue to provide portability flexibility for H-2B workers already in the U.S. This temporary 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 (TLC) is received by USCIS and before it is approved.

A temporary final rule (87 FR 4722) published in January currently provides portability and portability will continue for petitions received by USCIS through Jan. 24, 2023. Updated Form I-9 guidance for H-2B workers seeking to change employers is located in the Handbook for Employers - Section 6.7.