U.S. Consulate in Monterrey Addresses H-2R Substitutions

The U.S. Consulate in Monterrey has indicated that it is now allowing substitutions on H-2B visa applications even if a returning worker (H-2R) is involved. The substitutions do not need to be from the same category, e.g., a new H-2B worker can be substituted for someone who was initially categorized as an H-2R. The total number of spaces on the petitions, of course, will remain the same. According to the consulate, this change in policy is based on new guidance the consulate has received from DHS and DOS.

This new policy should make it easier to take advantage of the exemption provided by the Save Our Small and Seasonal Businesses Act of 2005 (SOSSBA) which was signed into law earlier this year. Under SOSSBA, returning H-2B workers are not counted against the H-2B numerical cap for FY 2006 and the H-2B cap is reallocated with 33,000 visas reserved for each half of the fiscal year. Unless Congress acts to extend SOSSBA, the exemption will expire at the end of the FY2006.