H-2B Visas Still Expected Soon

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Craig Regelbrugge & Laurie Flanagan

On March 29, the Department of Homeland Security announced that it plans to release an additional 30,000 H-2B visas, that but that these visas would likely be limited to returning workers who had received visas during the 2016, 2017, or 2018 program years. The Fiscal 2019 Consolidated Appropriations Act had authorized Congress to release up to 69,320 additional visas.

Despite the recent drama surrounding staff changes in the Department, including the abrupt resignation of DHS Secretary Kirstjen Nielsen, the 30,000 visas are still expected to be made available via a temporary final rule that will be published shortly in the Federal Register.  We expect that the rule will go into effect about two weeks after it is published, and that our member H-2B users can begin petitioning DHS for these visas around May 1.  We will keep you updated.

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