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.
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.
Explore more at Fragomen
Media mentions
Partner Rick Lamanna discusses the potential option of decentralizing work permit issuance in Canada, emphasizing the need for clear coordination between the provincial and federal governments.
Video
Fragomen FC hosts are joined by Manager Alexander Hood to examine how immigration rules are reshaping global football, from EPL transfers to the rise of international transfers into the Women’s Super League.
Media mentions
Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.
Media mentions
Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.
Media mentions
Media mentions
Senior Associate Tayyaba Karim and Associates Aisha Shahid and Yinny Tan outline how UK immigration changes affect tech talent access and business alignment.
Media mentions
Partner Parisa Karaahmet is quoted on a new country-specific, $250 "visa integrity fee" introduced by the current US administration as part of a domestic policy bill.
Media mentions
Paralegal Sean Pearce discusses the UK government's immigration White Paper in the context of its Industrial Strategy, noting the importance of overseas talent in meeting infrastructure and housing goals.
Video
In this Mobility Minute, Partner Christian Dallman shares an update on US tariffs as the August 1 deadline for trade negotiations approaches.
Media mentions
Partner Haider Hussain discussed how Saudi Arabia’s new skill-based work permit system is reshaping employer compliance and recruitment strategies.
Podcast
Director Caroline Kanzara-Obinwa and Manager Tarissa Wareley are joined by Bloomfield Law Practice's Kunle Obebe and Peace Lotechukwu to discuss Nigeria's 2025 visa policy reforms.
Media mentions
Associate Yinny Tan outlines how proposed UK immigration changes may affect workforce planning and talent access in the wind industry.
Media mentions
Partner Rick Lamanna discusses the potential option of decentralizing work permit issuance in Canada, emphasizing the need for clear coordination between the provincial and federal governments.
Video
Fragomen FC hosts are joined by Manager Alexander Hood to examine how immigration rules are reshaping global football, from EPL transfers to the rise of international transfers into the Women’s Super League.
Media mentions
Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.
Media mentions
Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.
Media mentions
Media mentions
Senior Associate Tayyaba Karim and Associates Aisha Shahid and Yinny Tan outline how UK immigration changes affect tech talent access and business alignment.
Media mentions
Partner Parisa Karaahmet is quoted on a new country-specific, $250 "visa integrity fee" introduced by the current US administration as part of a domestic policy bill.
Media mentions
Paralegal Sean Pearce discusses the UK government's immigration White Paper in the context of its Industrial Strategy, noting the importance of overseas talent in meeting infrastructure and housing goals.
Video
In this Mobility Minute, Partner Christian Dallman shares an update on US tariffs as the August 1 deadline for trade negotiations approaches.
Media mentions
Partner Haider Hussain discussed how Saudi Arabia’s new skill-based work permit system is reshaping employer compliance and recruitment strategies.
Podcast
Director Caroline Kanzara-Obinwa and Manager Tarissa Wareley are joined by Bloomfield Law Practice's Kunle Obebe and Peace Lotechukwu to discuss Nigeria's 2025 visa policy reforms.
Media mentions
Associate Yinny Tan outlines how proposed UK immigration changes may affect workforce planning and talent access in the wind industry.