DHS to Supplement H-2B Cap
On October 12, 2022, a release was published to announce that nearly 65,000 additional H-2B will be made available for the 2023 Fiscal Year. While the full article can be reviewed on the DHS website, this Post will break down a few of the details and what this could mean for your business. Our goal is to do so in the most concise form possible, and if you have ANY follow up questions, we advise you to review the full announcement or reach out to us at Info@trentwilliamslaw.com.
64, 716 is the exact number of H-2B Visas that will be made available (in addition to the standard 66,000 visas);
Some of the additional visas will be made available for October 1, 2022 Cycle. An exact number has not been announced;
Some of the additional visas will be reserved for the April 1, 2023 Cycle. An exact number has not been announced;
Of the 64, 716 H-2B Visas, 44, 716 will be reserved for “Returning Workers” (from any eligible country);
Returning Workers means a worker who has held H-2B status within the previous 3 years;
The remaining 20,000 will be reserved for workers from the countries of El Salvador, Guatemala, Honduras and Haiti (there is no Returning Worker requirement for these countries);
It has not been announced when the H-2B Visas will be released for the “capped out” October employers nor when DHS intends to release the Visas allocated to those who are “capped out” of the April Cycle;
In addition to the details of the Cap Relief efforts, the announcement also discussed the creation of the H-2B Visa Worker Protection Taskforce, which it coined the “Taskforce”. The Taskforce will strive to uphold the regulatory standards of the H-2B program and reduce the frequency of misconduct by H-2B employers. Specifically, the Taskforce will focus on
“threats to the H-2B program integrity”
“H-2B workers’ fundamental vulnerabilities, including limited ability to leave abusive employment without jeopardizing their immigration status”
“the impermissible use of the program to avoid hiring U.S. workers”
Closing Thoughts
This is a step in a positive direction. While the visas are still not enough to truly match the demand of the H-2B Visa program, almost 65,000 ( plus 66,000) visas is better than the current 33,000 per Cycle with the hope of Cap Relief at some late point in the season. However, at this time it is still unclear when the Cap Relief Visas will be available to the H-2B Employers who had a date of need in October ‘22 or will have a date of need starting in April ‘23 but are Capped out of the initial 66,000 visas. While the announcement stresses the goal of addressing the needs of American businesses, it is unclear at this time whether this announcement will in fact result in expedited released visas, or whether there will be delays similar to those witnessed in April ‘22, October ‘21, and April ‘21 Cycles in which despite announcements of additional visas, no visas were made available until months after designated and certified dates of need.
In regards to the Taskforce, we will discuss this in further detail later in our H-2B Visa Employer Series when we discuss audits.
As always, if you have questions about the H-2B process, we encourage you to check out our H-2B Employer Series, which will resume on Monday, October 17. Or, you can reach us at Info@trentwilliamslaw.com or follow H2BLawyer on twitter.
