On October 12, the Department of Homeland Security (DHS) and the Department of Labor (DOL) announced that they will make an additional 64,716 H-2B temporary nonagricultural worker visas available to employers for fiscal year (FY) 2023. This is in addition to the 66,000 H-2B visas normally available each fiscal year.
The announcement at the beginning of the fiscal year, which began on October 1, 2022, addresses employers’ needs for additional seasonal workers. Still, DHS and DOL will institute robust protections for U.S. and foreign workers, including requiring employers to first seek and recruit American workers for the jobs to be filled, as the visa program requires. To strengthen these efforts, DHS and DOL also announced the creation of a new White House-convened Worker Protection Taskforce.
- The H-2B supplement includes 20,000 visas for workers from Haiti, Honduras, Guatemala, and El Salvador. This advances the Biden Administration’s pledge to expand legal pathways as an alternative to irregular migration under the Los Angeles Declaration for Migration and Protection.
- 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.
Additional details on H-2B program safeguards and eligibility and filing requirements will be available in the temporary final rule and the Cap Count for H-2B Nonimmigrants webpage.
Erickson Insights
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.