DHS to Supplement H-2B Cap With Nearly 65,000 Additional Visas for FY 2023

On October 12, 2022, the Department of Homeland Security (DHS) and the Department of Labor (DOL) announced a regulation that will make available to employers an additional 64,716 H-2B temporary nonagricultural worker visas for FY 2023. This number does not already include the 66,000 H-2B visas that are normally available each fiscal year. DHS aims to address employers’ needs for more seasonal workers with the new regulation.

Specifically, 20,000 visas are reserved for nationals of Haiti and the Northern Central American countries. The remaining 44,716 supplemental visas will be 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. The regulation will allocate these remaining supplemental visas between the first half and second half of the fiscal year to account for the need for additional seasonal workers over the course of the year.

To further the rule’s efficacy, DHS and DOL also announced the creation of a new White House Worker Protection Taskforce. The Taskforce will focus on (1) threats to H-2B program integrity, (2) H-2B workers’ fundamental vulnerabilities, including their limited ability to leave abusive employment without jeopardizing their immigration status, and (3) the impermissible use of the program to avoid hiring U.S. workers.

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Source: Press Release