DHS, DOL outline additional H-2B Visa availability

Department of Homeland Security (DHS) and Department of Labor (DOL) officials noted the agencies are issuing a temporary final rulemaking 64,716 additional H-2B nonagricultural worker visas available.

The action applies to temporary nonagricultural workers for fiscal year (FY) 2023. The supplemental H-2B visas are for domestic employers seeking to petition for additional workers at certain periods of the fiscal year before Sept. 15, 2023.

“The Department is making supplemental H-2B visas available earlier than ever, ensuring that American businesses can plan for their peak season labor needs,” DHS Secretary Alejandro N. Mayorkas said. “At a time of record job growth, these visas will also provide a safe and lawful pathway to the United States for noncitizens prepared to take jobs that are not filled by American workers.”

The supplemental H-2B visa allocation reflects 44,700 visas available to returning workers who received an H-2B visa or were otherwise granted H-2B status during one of the last three fiscal years, with the remaining 20,000 visas being reserved for nationals of El Salvador, Guatemala, Honduras, and Haiti, regardless of whether they are returning workers.

DHS and the DOL maintain the temporary final rule that offers a series of provisions protecting domestic and H-2B workers. DHS will subject employers having committed certain labor law violations in the H-2B program to additional scrutiny in the supplemental cap petition process.

The agencies are also participating in the White House-convened H-2B Worker Protection Taskforce to address the issues more broadly.