Guidelines For H-2B Exceptions Published By U.S. State Department

The U.S. Department of State on Wednesday published guidelines providing exceptions to a June 22 proclamation by President Donald Trump suspending entry into the United States of foreign nationals applying for certain visas, including H-2B visas acquired by trainers for many backstretch workers. With limited exceptions, H-2B workers have been unable to enter the U.S. since the presidential proclamation took effect on June 24.

The guidance provides exceptions for, among others, “nonfarm animal caretakers” – the category used by trainers applying for H-2B visas for immigrant workers. New and renewal visa applications that were being processed or were submitted when the proclamation went into effect will be re-evaluated. Consular officers will look at whether the applicant was previously employed and trained by the petitioning employer under two or more H-2B visas; is traveling based on a temporary labor certification reflecting continued need by the employer; and whether denial of an H-2B visas would create a financial on the employer.

The full guidelines can be read here.

Trainers should consult with H-2B legal advisers for more specifics on the guidelines.

Please follow and like us: