Homeland Security increases H-2B visa cap

WASHINGTON — U.S. businesses will be able to hire up to 15,000 additional temporary non-agricultural workers under the H-2B program under a final rule that the Departments of Homeland Security and Labor submitted to the Federal Register today.

After consulting with Secretary of Labor Alexander Acosta, Secretary of Homeland Security John Kelly determined there are not enough qualified and willing U.S. workers available to perform temporary non-agricultural labor to satisfy the needs of some American businesses in 2017.

To qualify for the additional visas, petitioners must attest, under penalty of perjury, that their business is likely to suffer irreparable harm if it cannot employ H-2B nonimmigrant workers during fiscal year 2017.

Details on eligibility and filing requirements will be available in the final rule and on a new uscis.gov webpage to be published when the final rule is posted for public inspection. This page will also include information on how individuals can report abuse in the program.