A temporary rule jointly issued by the Departments of Homeland

Security (DHS) and Labor (DOL), effective May 8, 2019, increases

the H-2B cap for fiscal year (FY) 2019 by 30,000. The H-2B visa

permits a foreign worker to fill temporary nonagricultural jobs in

the United States. The purpose of the rule is to aid U.S.

businesses that are likely to suffer irreparable harm (permanent

and severe financial loss) without the ability to employ all of the

H-2B workers requested on their petitions before the end of FY

2019.

Among other terms and conditions, the temporary rule

requires:

  • For this one-time increase, any H-2B

    workers falling under this cap increase are limited to returning

    workers who were “issued an H-2B visa or otherwise granted

    H-2B status in FY 2016, 2017, or 2018.”

  • If an employer submits a request to

    DHS for an H-2B visa more than 45 days after the start date of work

    listed on the temporary labor certification, the employer would be

    required to conduct a “fresh round of recruitment” for

    U.S. workers.

The content of this article is intended to provide a general

guide to the subject matter. Specialist advice should be sought

about your specific circumstances.

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