DHS Increases H-2B Cap For FY 2019 By 30,000 Additional Visas
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-2Bworkers 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 toDHS 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.
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