DHS Will Make Additional H-2B Visas Available for Employment in FY 2019

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At a glance

• Employers will soon be able to petition for an additional 30,000 H-2B quota numbers for temporary non-agricultural employment in FY 2019.
• To qualify, workers must have previously held H-2B status in at least one of the last three fiscal years, and employers must claim they are likely to suffer irreparable harm without additional workers.
• DHS is expected to issue petition filing instructions for the additional quota numbers in the near future.

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A closer look

An additional 30,000 H-2B visa numbers will be authorized for temporary non-agricultural employment in FY 2019, the Department of Homeland Security (DHS) announced today. In contrast to prior H-2B cap relief, this year’s supplemental visa numbers will be available only to foreign beneficiaries who have held H-2B status in at least one of the past three fiscal years. As in prior years, employers will be required to attest that their business is at risk of irreparable harm without the additional workers.

The additional H-2B numbers were authorized by Congress in the FY 2019 spending package passed in February. The spending legislation allows DHS to increase the H-2B cap for this fiscal year if, in consultation with the Department of Labor (DOL), it determines there are not enough U.S. workers to meet the needs of American businesses for temporary non-agricultural work. In FY 2018, DHS made 15,000 additional H-2B visa numbers available under a similar provision of last year’s spending package.

Filing instructions expected soon

In the near future, DHS is expected to publish a temporary rule setting forth filing procedures for the additional numbers. Petitioners will need to submit USCIS Form I-129, a valid temporary labor certification approved by DOL and an attestation on DOL Form ETA-9142-B-CAA-2.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.