Potential Cap Increase for H-2B Workers


The U.S. Department of Labor (DOL) and the U.S. Department of Homeland Security have teamed up to create a potential cap increase for H-2B workers for FY 2019. If the new rule goes into effect as currently planned, the cap for H-2B Temporary Nonagricultural Workers will be increased to allow for up to 30,000 more nonimmigrant worker visas. Although the increase in the cap is significant, it will apply only to Fiscal Year 2019 and returning workers. Returning workers must have been granted H-2B status within the past three fiscal years, 2016, 2017, or 2018. The justification for the cap increase appears to be the following, from the final rule posted in the Federal Register,

“Following consultation with the Secretary of Labor, the Secretary of Homeland Security has determined that the needs of some American businesses cannot be satisfied in FY 2019 with U.S. workers who are willing, qualified, and able to perform temporary nonagricultural labor.” See this paragraph of 84 FR 20005.

Not all businesses will be able to take advantage of the cap increase to hire returning foreign workers. Businesses must attest that without the additional workers, they will likely suffer a severe and permanent financial loss.

The Final Rule is effective as of May 8, 2019, and is open for public comment until July 8, 2019.

If you are an employer and have questions about the temporary H-2B time-limited cap increase, such as how do I hire a returning H-2B worker, Christians Law, PLLC is here to help. Tyler Christians is an experienced H-2B attorney, and can help you legally hire the foreign workers your company needs. Give us a call now at 571-641-3033contact us here – or simply use the form below and we will get back to you shortly. Thank you for visiting tchristians.com – the website of Christians Law, PLLC – The Law Firm of Tyler Christians.



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