DHS Will Make Additional H-2B Visas Available for Employment in FY 2018

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At a glance

• Employers will soon be able to petition for an additional 15,000 H-2B visas for employment in FY 2018.
• DHS is expected to issue filing instructions in the near future.
• Petitioners will need to show their business is at risk of failing if they are unable to hire additional H-2B workers.

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A closer look

An additional 15,000 H-2B visa numbers will be authorized for employment in FY 2018, the Department of Homeland Security (DHS) announced today.  The visa numbers will be available to employers who can demonstrate that their business would be at risk of failing without additional temporary non-agricultural workers, among other requirements.

The additional numbers were authorized by Congress in the FY 2018 spending package passed in March.  The spending legislation allows DHS to increase the H-2B cap for this fiscal year only if, in consultation with the Department of Labor (DOL), it determines that there are not enough U.S. workers to meet the needs of American businesses for temporary non-agricultural work.  In FY 2017, DHS made 15,000 additional H-2B visa numbers available under a similar provision in 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.