DHS and DOL Temporary Final Rule Increasing the H-2B Cap for FY2019

DHS and DOL Temporary Final Rule Increasing the H-2B Cap for FY2019

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Joint DHS and DOL temporary final rule increasing the H-2B cap for FY2019 by an additional 30,000 visas.  The Departments have determined that employers who attest that they are likely to suffer irreparable harm may request these supplemental visas only for workers who were issued an H–2B visa or otherwise granted H–2B status in FY 2016, 2017, or 2018. This increase is based on a time-limited statutory authority and does not affect the H–2B program in future fiscal years. The Departments are promulgating regulations to implement this determination. The rule is effective from 5/8/19 through 9/30/19, with the exception of document-retention provisions which are effective from 5/8/19 through 9/30/22.

Source:  AILA Doc. No. 19050630.