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.
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.
Explore more at Fragomen
Blog post
Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.
Media mentions
Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.
Awards
Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.
Media mentions
Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.
Blog post
Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.
Media mentions
Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.
Visas
Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.
Video
Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.
Blog post
Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.
Media mentions
Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.
Media mentions
Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.
Awards
Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.
Blog post
Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.
Media mentions
Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.
Awards
Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.
Media mentions
Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.
Blog post
Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.
Media mentions
Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.
Visas
Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.
Video
Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.
Blog post
Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.
Media mentions
Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.
Media mentions
Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.
Awards
Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.