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The Department of Homeland Security (“DHS”) announced that a regulation will be issued making 64,716 visas available for fiscal year 2023, in addition to the 66,000 visas that are normally available each fiscal year, under the H-2B Temporary Non-Agricultural Worker Program. Announcing the release of these additional H-2B visas at the onset of the H-2B fiscal year – rather than after the regulatory allotment has been exhausted, which causes uncertainty and excessive delays in the process – is a very positive development to address employers’ needs for seasonal workers.  

“The Department of Homeland Security is moving with unprecedented speed to meet the needs of American businesses,” stated the Secretary of Homeland Security Alejandro N. Mayorkas. “At a time of record job growth, this full year allocation at the very outset of the fiscal year will ensure that businesses can plan for their peak season labor needs.”

The regulation implementing this announcement has not yet been released, but DHS has indicated that 20,000 of the supplemental visas will be reserved for workers from El Salvador, Guatemala, Haiti, Honduras, and the remaining 44,716 of the supplemental visas will be available to “returning workers” from any country who have received an H-2B visa or been granted H-2B status during one of the last three fiscal years.

Companies interested in sponsoring temporary employees are encouraged to commence the process right away to ensure they will be positioned to apply for the H-2B visas when they become available.

If you have questions about the H-2B Visa Program or other general questions about employment-based immigration, please contact one of the immigration specialists in Koley Jessen’s Employment Group.